2004 No. 350
SHERIFF COURT

Act of Sederunt (Ordinary Cause Rules) Amendment (Competition Appeal Tribunal) 2004

Made
Coming into force
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711 and section 16(4) of the Enterprise Act 20022, and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Citation, commencement and interpretation1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules) Amendment (Competition Appeal Tribunal) 2004, and shall come into force on 20th August 2004.

(2)

This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Ordinary Cause Rules2.

(1)

The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 19073 are amended in accordance with paragraph (2).

(2)

After Chapter 41 (Protection from Abuse (Scotland) Act 2001), insert–

“CHAPTER 42COMPETITION APPEAL TRIBUNAL

Interpretation42.1.

In this Chapter–

“the 1998 Act” means the Competition Act 19984; and

“the Tribunal” means the Competition Appeal Tribunal established by section 12 of the Enterprise Act 2002.

Transfer of proceedings to the Tribunal42.2.

(1)

A party in proceedings for a monetary claim to which section 47A of the 1998 Act5 applies may apply by motion to the sheriff for an order transferring the proceedings, or any part of them, to the Tribunal.

(2)

Where the sheriff orders that such proceedings (or any part of them) are transferred to the Tribunal, the sheriff clerk shall, within 7 days from the date of such order–

(a)

transmit the process (or the appropriate part) to the clerk of the Tribunal;

(b)

notify each party to the proceedings in writing of the transmission under sub paragraph (a); and

(c)

certify, by making an appropriate entry on the interlocutor sheet, that he has made all notifications required under sub paragraph (b).

(3)

Transmission of the process under paragraph (2)(a) shall be valid notwithstanding any failure by the sheriff clerk to comply with paragraph (2)(b) and (c).”.

Cullen of Whitekirk
Lord President I.P.D.

Edinburgh

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

This Act of Sederunt further amends Schedule 1 to the Sheriff Courts (Scotland) Act 1971 (“the Ordinary Court Rules”).

Article 2 inserts a new Chapter 42 into the Ordinary Court Rules. The new Chapter provides rules of procedure for transfers of proceedings to the Competition Appeal Tribunal (the “Tribunal”) under the Enterprise Act 2002 (“the 2002 Act”).

In terms of the 2002 Act, the sheriff court may transfer to the Tribunal proceedings (or any part of proceedings) which relate to monetary claims to which section 47A of the Competition Act 1998 applies.

In the new Chapter–

(a)

rule 42.2(1) provides that a party to such proceedings may apply by motion to the sheriff for an order transferring the proceedings (or any part of them) to the Tribunal;

(b)

rule 42.2(2) provides that the sheriff clerk shall, within 7 days after the sheriff has ordered that proceedings (or any part of them) shall be transferred to the Tribunal, transmit the process to the clerk of the Tribunal, send written notice of the transfer to each party and certify on the interlocutor sheet that written notice has been sent to each party; and

(c)

rule 42.2(3) provides that transmission of the process shall be valid notwithstanding any failure by the sheriff clerk to notify each party of such transmission or certify on the interlocutor sheet that each party has been notified.