Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 2) (Local Government (Scotland) Act 1973) 2002

Explanatory Note

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

This Act of Sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the principal Rules”).

Paragraph 2(2) amends rule 2.7(4) of the principal Rules to make a further exception to the requirement for warrants of citation to be in Form 2, to take account of the new Form 2A inserted by paragraph 2(4) of this Act of Sederunt and which is to be used in accordance with new rule 3.18.3(1) of the principal Rules.

• Paragraph 2(3) inserts into Chapter 3 of the principal Rules a new Part XVIII containing specific provision in relation to appeals against findings and imposition of sanctions or suspensions by the Accounts Commission under the Local Government (Scotland) Act 1973 (“the 1973 Act”) (as amended by section 33 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)–

  (a)

  rule 3.18.1 provides for the application of the new Part XVIII of the principal Rules;

  (b)

  rule 3.18.2 provides for appeals to the sheriff principal under section 103J of the 1973 Act to be made by summary application, and further provides for such summary applications to include certain statements in the grounds of appeal and to be accompanied by certain documents; and

  (c)

  rule 3.18.3 prescribes the form of warrant for citation, and form of citation in respect of such warrants, for any appeals under Part XVIII of the principal Rules.

Paragraph 2(4) inserts into the principal Rules the following forms, set out in the Schedule to this Act of Sederunt–

(a) Form 2A, the form of warrant of citation to be used for appeals to the sheriff principal under section 103J of the 1973 Act; and

(b) Form 3A, the form of citation for summary applications to be used in respect of any such warrants granted.