Act of Sederunt (Commissary Business) 2013

This Act of Sederunt consolidates and restates the Act of Sederunt (Commissary Business) 1975 (“the 1975 Act of Sederunt”) with modifications.

Paragraph 3 and Schedules 1, 2 and 3 regulate the places in each sheriffdom where the business conducted prior to 1st October 1876 in the commissary courts is to be conducted in the sheriff court of that place. The sheriff courts presently held at certain places specified in the Schedule to the 1975 Act of Sederunt are to close in terms of the Sheriff Court Districts Amendment Order 20134 (“the 2013 Order”).

Schedule 1 accordingly omits Dornoch and Kirkcudbright, where the sheriff courts close on 30th November 2013. It also omits Banff, where commissary business is to be discontinued from 30th November 2013 although the sheriff court is not to close. It ceases to have effect when Schedule 2 (omitting Arbroath, Cupar and Stonehaven) comes into force on 31st May 2014, and in turn Schedule 2 ceases to have effect when Schedule 3 (omitting Dingwall, Haddington and Peebles) comes into force on 31st January 2015.

Tain is specified in Schedule 1 as a new place in the sheriffdom of Grampian, Highland and Islands where commissary business may be conducted, in consequence of the closure of the sheriff courts at Dornoch and Dingwall.

Paragraph 4 restates paragraph 3(2) of the 1975 Act of Sederunt. It provides that, unlike other commissary business, petitions for the appointment of executors dative may be presented, and proceedings in respect of such petitions may be conducted, in any sheriff court.

Paragraph 5 restates paragraph 4 of the 1975 Act of Sederunt. It applies where commissary business may be conducted at multiple places within a sheriffdom. A caveat lodged at any one of those places is to apply to the whole sheriffdom, and the sheriff clerk must accordingly transmit a copy of the caveat to the sheriff clerk of every other court in the sheriffdom where the application against which the caveat is lodged might competently be made.

Paragraph 6(1) and Part 1 of Schedule 4 makes transitional provision in respect of commissary business which has been commenced but not yet disposed of at a place which is no longer specified as a place where commissary business may be conducted. With the exception of commissary business at Dingwall, which is to continue at Tain, provision is made for the business to continue as if commenced at the place to which the sheriff court business of the closing court is to transfer under the 2013 Order.

Paragraph 6(2) and Part 2 of Schedule 4 makes similar provision in respect of petitions for appointment of executors dative presented at closing sheriff courts other than those held at places presently specified as places where commissary business may be conducted.

Paragraph 6(3) and Schedule 5 revoke the 1975 Act of Sederunt and amending instruments.

Paragraph 6(4) makes transitional provision in respect of commissary business commenced at Banff before it ceases to be a place at which commissary business may be conducted: that business is to be concluded there and Banff is accordingly specified as a place where commissary business may be conducted for that purpose only.