Act of Sederunt (Small Claim Rules) 2002

CHAPTER 1 Citation, interpretation and application

Citation, interpretation and application

1.1.—(1) These Rules may be cited as the Small Claim Rules 2002.

(2) In these rules–

“the 1971 Act” means the Sheriff Courts (Scotland) Act 1971(1);

“the 1975 Act” means the Litigants in Person (Costs and Expenses) Act 1975(2);

“authorised lay representative” means a person to whom section 32(1) of the Solicitors (Scotland) Act 1980(3) (offence to prepare writs) does not apply by virtue of section 32(2)(a) of that Act;

“small claim” has the meaning assigned to it by section 35(2) of the 1971 Act(4);

“summary cause” has the meaning assigned to it by section 35(1) of the 1971 Act(5).

(3) Any reference in these Rules to a specified rule shall be construed as a reference to the rule bearing that number in these Rules, and a reference to a specified paragraph, sub-paragraph or head shall be construed as a reference to the paragraph, sub-paragraph or head so numbered or lettered in the provision in which that reference occurs.

(4) A form referred to by number in these Rules means the form so numbered in Appendix 1 to these rules or a form substantially of the same effect with such variation as circumstances may require.

(5) The glossary in Appendix 2 to these Rules is a guide to the meaning of certain legal expressions used in these Rules, but is not to be taken as giving those expressions any meaning which they do not have in law generally.

(6) These Rules shall apply to a small claim.

(1)

1971 c. 58.

(2)

1975 c. 47.

(3)

1980 c. 46. Section 32 was amended by the Solicitors (Scotland) Act 1988 (c. 42), Schedule 1, paragraph 7, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 29(6) and S.S.I. 2000/121.

(4)

Section 35(2) was substituted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 18(1).

(5)

Section 35(1) was amended by S.I. 1976/900, 1981/842 and 1988/1993.