2013 No. 171
Sheriff Court

Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2013

Made
Laid before the Scottish Parliament
Coming into force in accordance with paragraph 1(2) and (3)
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, commencement and interpretation

1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2013.

(2)

Subject to subparagraph (3) it comes into force on 25th June 2013.

(3)

Paragraph 3 comes into force on 7th June 2013.

(4)

A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

(5)

In this Act of Sederunt “Summary Applications Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19992.

Adults with incapacity

2.

(1)

The Summary Application Rules are amended in accordance with the following subparagraphs.

(2)

For rule 3.16.4(1) (service of application)3 substitute—

“3.16.4.

(1)

Service of the application or other proceedings and subsequent proceedings, including proceedings for renewal of guardianship orders, shall be made in Form 20 on —

(a)

the adult;

(b)

the nearest relative of the adult;

(c)

the primary carer of the adult (if any);

(d)

the named person of the adult (if any);

(e)

any guardian, continuing attorney or welfare attorney of the adult who has any power relating to the application or proceedings;

(f)

the Public Guardian;

(g)

where appropriate, the Mental Welfare Commission;

(h)

where appropriate, the local authority;

(i)

where a guardianship order has been made under section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995, to the Lord Advocate and, where the order was made by—

(i)

the High Court of Justiciary, to the Clerk of Justiciary; or

(ii)

a sheriff, to the sheriff clerk of the Sheriff Court in which the order was made;

(j)

any other person directed by the sheriff.”

(3)

The heading of rule 3.16.4 becomes “Service of application and renewal proceedings”.

(4)

Rule 3.16.8(5)4 is omitted.

Amendment of the Sheriff Court Company Insolvency Rules

3.

(1)

The Act of Sederunt (Sheriff Court Company Insolvency Rules) 19865 is amended in accordance with the following subparagraphs.

(2)

In rule 3 (interpretation)6―

(a)

in paragraph (1) insert the following definitions in the appropriate sequential order―
““the Act of 2004” means the Energy Act 20047;
“the Act of 2011” means the Energy Act 20118;

“administration” shall include an energy administration under the Act of 2004 or the Energy Administration Rules and an energy supply company administration under the Act of 2011 or the Energy Supply Company Administration Rules and “administration order” and “administrator” shall be construed accordingly;

“the Energy Administration Rules” means the Energy Administration (Scotland) Rules 20069;
“the Energy Supply Company Administration Rules” means the Energy Supply Company Administration (Scotland) Rules 201310;

“non GB company” for the purposes of an energy administration shall have the meaning assigned in section 171 of the Act of 2004 and for the purposes of an energy supply company administration shall have the meaning assigned in section 102 of the 2011 Act;”;

(b)

in paragraph 2—

(i)

after the words “Act of 1986” insert “, the Act of 2004, the Act of 2011, the Energy Administration Rules, the Energy Supply Company Administration Rules”;

(ii)

for “that Act” substitute “those Acts”.

(3)

In rule 3A (representation)11 omit “the Scottish” where it first occurs.

(4)

In rule 10(1) (petitions for administration orders)12—

(a)

at the beginning of subparagraph (c), insert “in the case of a petition under the Act of 1986,”;

(b)

in subparagraph (h)—

(i)

at the beginning, insert—

“in the case of a petition under the Act of 1986,”;

(ii)

omit “and” where it appears at the end;

(c)

for subparagraph (i), substitute―

“(i)

the name and address of the person proposed to be appointed, and his or her qualification to act, as administrator;

(j)

whether the Secretary of State has certified the case as one in which he or she considers it would be appropriate for him or her to petition under section 124A of the Act of 1986 (petition for winding up on grounds of public interest);

(k)

so far as is known to the petitioner in a petition for an energy administration order or an energy supply company administration order, whether any steps have been taken for an administration order under Schedule B1 to the Act of 1986; and

(l)

whether a protected energy company in a petition for an energy administration order, or an energy supply company in a petition for an energy supply company administration order, is a non GB company;”.

(5)

In rule 11 (notice of petition)13, after the words “Insolvency Rules” insert “, section 156(2)(a) to (c) of the 2004 Act, rule 5(1) of the Energy Administration Rules or rule 6(1) of the Energy Supply Company Administration Rules,”.

(6)

In rule 12 (applications during an administration)14, after the words “the Insolvency Rules,” insert “the Act of 2004, the Energy Administration Rules, the Act of 2011,”.

(7)

In Rule 14A (time and date of lodging in an administration)15, omit the words “under the Act of 1986 or the Insolvency Rules”.

Other minor amendments

4.

(1)

The Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 201316 is amended in accordance with the following subparagraph.

(2)

In paragraph 1(3) omit “‘Small Claims Rules’ means the Small Claim Rules in Schedule 1 to the Act of Sederunt (Small Claim Rules) 2002”17.

5.

(1)

Appendix 1 to the Summary Cause Rules in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 200218 is amended in accordance with the following subparagraph.

(2)

In Form 28BB (Form of extract decree – recovery of possession of heritable property in other cases (non-payment of rent) before the words “The amount is payable by lump sum” insert “*”.

Transitional and savings

6.

(1)

The amendments made to the Summary Application Rules by paragraph 2 shall have no effect in respect of any action raised but not yet determined by 25th June 2013.

(2)

The amendments made to the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986 by paragraph 3 shall have no effect in respect of any action raised but not yet determined by 7th June 2013.

BRIAN GILL
Lord President

Edinburgh

I.P.D.
EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)

Paragraph 2(2) amends rule 3.16.4 of the Summary Application Rules to ensure that intimation of all relevant proceedings, including applications for renewals of guardianship orders, are made to the persons listed in that rule. The rule also provides for intimation on the Lord Advocate and the relevant clerk of court in appropriate cases which have originated from a court exercising criminal jurisdiction.

Paragraph 2(4) deletes rule 3.16.8(5) because it is unnecessary.

Paragraph 3 amends the Sheriff Court Company Insolvency Rules in consequence of the Energy Supply Company Administration (Scotland) Rules 2013.

Paragraphs 4 and 5 make minor corrections to the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2013 and to the Act of Sederunt (Summary Cause Rules) 2002.

Paragraph 6 contains savings provisions in respect of paragraphs 2 and 3.