2007 No. 339
SHERIFF COURT

Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act (Sexual Orientation) Regulations 2007) 2007

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, regulation 25 of the Equality Act (Sexual Orientation) Regulations 20072 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, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act (Sexual Orientation) Regulations 2007) 2007 and shall come into force on 20th July 2007.

(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 shall be amended in accordance with the following sub-paragraphs.

(2)

After rule 44.1(2)(d) (equality enactments interpretation)4 there shall be inserted the following:–

“(e)

The Equality Act (Sexual Orientation) Regulations 2007.”.

(3)

For rule 44.2(2)(d) (relevant Commission) there shall be substituted the following:–

“(d)

for proceedings under the Equality Act 2006 and the Equality Act (Sexual Orientation) Regulations 2007, the Commission for Equality and Human Rights.”.

Amendment of the Summary Application Rules3.

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19995 shall be amended in accordance with the following sub-paragraphs.

(2)

After rule 3.33.1(2)(d) (equality enactments interpretation)6 there shall be inserted the following:–

“(e)

The Equality Act (Sexual Orientation) Regulations 2007.”.

(3)

For rule 3.33.2(2)(d) (relevant Commission) there shall be substituted the following:–

“(d)

for proceedings under the Equality Act 2006 and the Equality Act (Sexual Orientation) Regulations 2007, the Commission for Equality and Human Rights.”.

Amendment of the Summary Cause Rules4.

(1)

The Summary Cause Rules in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 20027 shall be amended in accordance with the following sub-paragraphs.

(2)

After rule 36.1(2)(d) (equality enactments interpretation)8 there shall be inserted the following:–

“(e)

The Equality Act (Sexual Orientation) Regulations 2007.”.

(3)

For rule 36.2(2)(d) (relevant Commission) there shall be substituted the following:–

“(d)

for proceedings under the Equality Act 2006 and the Equality Act (Sexual Orientation) Regulations 2007, the Commission for Equality and Human Rights.”.

Amendment of the Small Claim Rules5.

(1)

The Small Claim Rules in Schedule 1 to the Act of Sederunt (Small Claim Rules) 20029 shall be amended in accordance with the following sub-paragraphs.

(2)

After rule 26.1(2)(d) (equality enactments interpretation)10 there shall be inserted the following:–

“(e)

The Equality Act (Sexual Orientation) Regulations 2007.”.

(3)

For rule 26.2(2)(d) (Commission) there shall be substituted the following:–

“(d)

for proceedings under the Equality Act 2006 and the Equality Act (Sexual Orientation) Regulations 2007, the Commission for Equality and Human Rights.”.

A. C. Hamilton
Lord President, I.P.D.

Edinburgh

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

This Act of Sederunt makes various amendments to the rules applicable in the sheriff court. Those amendments are consequential upon the commencement of the Equality Act (Sexual Orientation) Regulations 2007 made under the Equality Act 2006. In particular, amendments are made to each of the Ordinary Cause Rules, the Summary Application, Statutory Applications and Appeals etc. Rules, the Summary Cause Rules and the Small Claim Rules.

The amendments make provision for the intimation of certain proceedings under the Equality Act (Sexual Orientation) Regulations 2007 to the Commission responsible under that instrument.