Amendment of the Rules of the Court of Session 1994
2
1
The Rules of the Court of Session 1994 are amended in accordance with this paragraph.
2
In Rule 4.2(3) (signature of documents) after subparagraph (b), insert—
ba
an application in Form 40.2 or Form 41A.2 may be signed by the applicant or an agent;
.
3
In rule 4.7 (lodging of documents in Inner House causes) —
a
in paragraph (1)—
i
in subparagraph (b), omit “application for leave to appeal,”;
ii
for “six copies” where it first appears, substitute “three copies”;
iii
omit “; and, unless otherwise agreed, send six copies of it to every other party”;
b
after paragraph (1) insert—
1A
A party, on lodging an application for leave to appeal in the Inner House, must—
a
lodge in process a copy of the application; and
b
unless otherwise agreed, send a copy to every other party.
1B
A party who has lodged an application for leave to appeal in the Inner House must, if notified by a clerk of session that the application will be dealt with by a Division of the Inner House under rule 37A.2(3), lodge in process two additional copies of the application within the period of 7 days beginning with the date of notification.
;
c
in paragraph (2), for “four copies”, substitute “three copies”;
d
after paragraph (2) insert—
3
Unless rule 37A.2(3) applies, where a party intends to refer to a document (other than the application itself) at a hearing on an application for leave to appeal, the party shall lodge a copy of it in process by 12 noon on the second sederunt day before the hearing.
.
4
In rule 38.2(5)(g) (reclaiming days) , omit “, refusing”.
5
In rule 41.14(1) (appeals under statute: lodging of case in court) , omit subparagraph (b).
6
In rule 41.48(4) (modifications of Part II to stated cases under the Tribunals and Inquiries Act 1992) , omit modified rule 41.14(b).
7
In rule 41.50(4) (modifications of Part II to appeals under certain Social Security Acts) , omit modified rule 41.14(b).
8
In rule 49.22(10)(a) (child welfare reporters) , omit “and”.
9
In the Appendix—
a
in Form 40.2 (form of application for leave to appeal), for “(Signed by counsel or other person having a right of audience)” substitute—
b
in Form 41A.2 (form of application for permission to appeal to the Supreme Court) , for “(signed by counsel or other person having a right of audience)” substitute—
c
omit Form 41.52C (form of notice of intention to pursue application or appeal under the Nationality, Immigration and Asylum Act 2002) .
The Rules of the Court of Session 1994 are in Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443, last amended by S.S.I. 2015/419).
Rule 4.3 was last amended by S.S.I. 2014/371.
Rule 4.7 was last amended by S.S.I. 2010/30.
Rule 38.2 was substituted by S.S.I. 2010/30.
Rule 41.14 was substituted by S.S.I. 2011/303.
Rule 41.48 was substituted by S.S.I. 2011/303.
Rule 41.50 was substituted by S.S.I. 2011/303.
Rule 49.22 was substituted by S.S.I. 2015/312.
Form 41A.2 was inserted by S.S.I. 2015/228.
Form 41.52C was inserted by S.S.I. 2007/283.
Para. 2 in force at 21.3.2016, see para. 1(2)