Act of Sederunt (Rules of the Court of Session Amendment No. 9) (Solicitors and Notaries Public) 1997

Statutory Instruments

1997 No. 3059 (S.191)

COURT OF SESSION, SCOTLAND

Act of Sederunt (Rules of the Court of Session Amendment No. 9) (Solicitors and Notaries Public) 1997

Made

9th December 1997

Coming into force

23rd December 1997

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988((1) and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 9) (Solicitors and Notaries Public) 1997 and shall come into force on 23rd December 1997.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Signature of petition for admission as solicitor or notary public or both in application by Council of Law Society of Scotland.

2.  In rule 4.2 (signature of documents) of the Rules of the Court of Session 1994((2) after sub-paragraph (d) (but before the word “and” which immediately follows that sub-paragraph) insert—

“(dd) a petition by the Council of the Law Society of Scotland for a person’s admission as (either or both)—

(i) a solicitor;

(ii) a notary public,

may be signed by any officer of the Society who is authorised by the Council to do so;”.

Rodger of Earlsferry

Lord President, I.P.D.

Edinburgh

9th December 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 so as to provide a further exception to the requirement that a petition presented to the court must be signed by counsel or by some other person having a right of audience. In petitions by the Council of the Law Society of Scotland for a person’s admission as a solicitor or notary public (or both) it is to suffice that signature be by an officer of the Society, authorised to sign by the Council.

(1)

1988 c. 36. Section 5 was amended by the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(3) and by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 45.

(2)

S.I. 1994/1443.