This S.S.I. has been made to correct errors in S.S.I. 2015/227 and S.S.I. 2015/228 and is being issued free of charge to all known recipients of those instruments.
2015 No. 296
Court Of Session
Sheriff Court

Act of Sederunt (Ordinary Cause Rules 1993 Amendment and Miscellaneous Amendments) 2015

Made
Laid before the Scottish Parliament
Coming into force
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 20131 the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 20142 and all other powers enabling it to do so.

Citation and commencement, etc.1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules 1993 Amendment and Miscellaneous Amendments) 2015.

(2)

It comes into force on 21st September 2015.

(3)

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

Amendment of the Ordinary Cause Rules 19932.

(1)

The Ordinary Cause Rules 19933 are amended in accordance with this paragraph.

(2)

In rule 17.1 (summary decrees: application)4, after paragraph (aa) insert—

“(ab)

an action of proving the tenor;”.

Amendment of the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (No. 3) (Courts Reform (Scotland) Act 2014) 20153.

(1)

The Act of Sederunt (Rules of the Court of Session 1994 Amendment) (No. 3) (Courts Reform (Scotland) Act 2014) 20155 is amended in accordance with this paragraph.

(2)

In paragraph 3(3), in the inserted rule 58.15, paragraphs (4) and (5) become paragraphs (2) and (3) respectively.

(3)

In Schedule 1, insert before the title of the first Form the heading “Form 58.3”.

Amendment of the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 20154.

(1)

The Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 20156 is amended in accordance with this paragraph.

(2)

In paragraph 8(5), in the inserted chapter 15A, the first rule numbered 15A.2 becomes rule 15A.1A.

(3)

In paragraph 8(14), in the inserted rule 36A.9(4)(c)(iv), for “intend to reply” substitute “intend to rely”.

CJM SUTHERLAND
Lord Justice Clerk
I.P.D.

Edinburgh

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

This Act of Sederunt makes corrections.

Regulation 2 amends the Ordinary Cause Rules 1993 to clarify that summary decree under Chapter 17 is not possible in actions of proving the tenor.

Regulations 3 and 4 correct two amending instruments, to renumber mis-numbered provisions, insert a missing heading in a Form and correct a typographical error.

All three amendments come into force on 21st September 2015. The two amending instruments being amended come into force on 22nd September 2015.