2005 No. 20

SHERIFF COURT

Act of Sederunt (Ordinary Cause Rules) Amendment (Caution and Security) 2005

Made18th January 2005

Coming into force1st February 2005

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 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 and commencement1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules) Amendment (Caution and Security) 2005, and shall come into force on 1st February 2005.

(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 19072 are amended in accordance with sub paragraphs (2) and (3).

(2)

In rule 27.5 (cautioners and guarantors) for the words from “obtained” to the end substitute “shall be given only by a person who is an ‘authorised person’ within the meaning of section 31 of the Financial Services and Markets Act 20003”.

(3)

In rule 27.6(2) (form of bonds of caution and other securities) for the words from “by” to the end substitute “by a person shall state whether that person is an ‘authorised person’ within the meaning of section 31 of the Financial Services and Markets Act 2000”.

Cullen of Whitekirk

Lord President I.P.D.

Edinburgh

18th January 2005

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

This Act of Sederunt amends Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (“the Ordinary Cause Rules”).

Article 2(2) amends rule 27.5 of the Ordinary Cause Rules to provide that a bond of caution or other security may be given only by a person authorised in terms of section 31 of the Financial Services and Markets Act 2000.

Article 2(3) amends rule 27.6(2) of the Ordinary Cause Rules to require a bond of caution or other security document to state whether it is given by a person so authorised.