Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015

EXPLANATORY NOTE

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

This Act of Sederunt amends the Rules of the Court of Session 1994 and various sheriff court rules in consequence of the Sheriff Appeal Court taking up its civil jurisdiction and competence on 1st January 2016. The amendments principally remove inconsistent appeal provisions from individual sets of rules as the procedure in the Sheriff Appeal Court will be regulated instead by the Act of Sederunt (Sheriff Appeal Court Rules) 2015.

Additionally, paragraph 2 amends the Act of Sederunt (Expenses of Party Litigants) 1976 to make provision about the expenses of party litigants in the Sheriff Appeal Court in consequence of the Litigants in Person (Costs and Expenses) (Sheriff Appeal Court) Order 2015. Paragraph 17 amends the Act of Sederunt (Contempt of Court in Civil Proceedings) 2011 to extend the procedure for dealing with certain contempts of court to the Sheriff Appeal Court.

Paragraph 18 amends paragraph 5 of the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015, which makes transitory provision about applications for a new trial or to enter a jury verdict arising from proceedings in the all-Scotland personal injury court. That transitory provision is modified to take account of the Sheriff Appeal Court assuming its civil jurisdiction and competence.

Paragraph 19 makes a number of amendments to the Act of Sederunt (Sheriff Appeal Court Rules) 2015. They correct defects, minor typographical errors and omissions. In addition, provision is inserted about sanction for the employment of counsel and to enable the Clerk of the Sheriff Appeal Court to sign certain orders at the direction of a procedural Appeal Sheriff.

Paragraph 20 contains saving provisions that preserve the existing law in respect of decisions of the sheriff made before 1st January 2016.

The Act of Sederunt comes into force on 1st January 2016, except paragraph 19 which comes into force on 31st December 2015 to correct errors in the Act of Sederunt (Sheriff Appeal Court) Rules 2015 before it comes into force.