Act of Sederunt (Rules of the Court of Session Amendment No.4) (Miscellaneous) 1997

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Rules of the Court of Session 1994 as follows:

(a) paragraph 2(2) revokes rule 28A.2(2) concerning the consequences of a failure to intimate a notice of non-admission;

(b) paragraphs 2(3) and 2(4) make minor amendments to rule 30.3 (consequences of a failure to intimate an intention to proceed where an agent has withdrawn) and rule 36.7 (admissions by parties);

(c) paragraph 2(5) amends rule 41.41 (references and appeals under certain Social Security Acts to be by stated case) by replacing references to the Occupational Pensions Board and section 173 of the Pension Schemes Act 1993 with references to the Occupational Pensions Regulatory Authority and section 97 of the Pensions Act 1995 respectively;

(d) paragraph 2(6) amends rule 49.40 so as to require intimation of motions under that rule;

(e) paragraph 2(7) inserts a heading for rule 49.88 (which relates to certain applications under the Children (Scotland) Act 1995);

(f) paragraph 2(8) amends rule 59.1(2) in consequence of the closure of the Signet Office by providing that applications for letters of arrestment or inhibition are to be presented to the Deputy Principal Clerk;

(g) paragraph 2(9) amends rule 68.2(1) so as to provide that applications under paragraph 20 of Schedule 4 to the Solicitors (Scotland) Act 1980 are to be dealt with by letter to the Deputy Principal Clerk; and

(h) paragraph 2(10) substitutes the words “in the cause” for “in causa” in a number of Forms in the appendix to the Rules; inserts a new provision into four forms relating to arrestment of ships (Forms 16.15-A, 16.15-B, 16.15-C and 16.15-D) so as to require information about the agent of the person on whose behalf the arrestment is executed to be shown on the Schedule; and sets out, in the Schedule, a new Form 37.2-B for citation of jurors to replace the current Form 37.2-B.