Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Miscellaneous) 2023

Amendment of the Summary Application Rules

6.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended in accordance with this paragraph.

(2) In Chapter 3 (rules on applications under specific statutes)—

(a) in Part XLI (reporting restrictions)(2), after rule 3.41.1 (interpretation and application of this Part) insert—

“Application for an order

3.41.1A.— (1) A party to the proceedings may apply to the court for an order under this Part to restrict the reporting of the proceedings.

(2) An application for an order under this Part must be made by motion and be accompanied by Form 58A.”;

(b) in Part LIV (sexual harm prevention orders and sexual risk orders)(3), in rule 3.54.4(6) (variation, renewal or discharge or sexual harm prevention orders or sexual risk orders) for “paragraph (4)(b)” substitute “paragraph (4)(c)”.

(3) In schedule 1 (forms), after Form 58 (form of order for disposal of a body)(4) insert Form 58A (form of application for an order restricting the reporting of proceedings) as set out in schedule 5 of this Act of Sederunt.

(1)

S.I. 1999/929, last amended by S.S.I. 2023/62.

(2)

Part XLI was inserted by S.S.I. 2011/386, substituted by S.S.I. 2015/85 and amended by S.S.I. 2020/28.

(3)

Part LIV was inserted by S.S.I. 2023/62.

(4)

Form 58 was inserted by S.S.I. 2009/320.