Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

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, the Sheriff Appeal Court Rules and various sheriff court rules in consequence of the commencement of simple procedure on 28th November 2016.

Paragraph 2 amends the Rules of the Court of Session 1994 to introduce references to simple procedure cases and to remove references relating to small claims. Paragraph 4 makes similar amendments to the Act of Sederunt (Summary Cause Rules) 2002.

Paragraph 3 revokes the Small Claim Rules 2002, and makes savings provisions relating to small claims commenced before 28th November 2016. Additionally, the law and practice in force immediately before 10th June 2002 is maintained for claims commenced before that date.

Paragraph 5 amends the Rules for Applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002. These amendments include the creation of a new rule applying to applications relating to or following from a simple procedure case. References in the glossary are also amended.

Paragraph 6 amends the Act of Sederunt (Sheriff Appeal Court Rules) 2015. It removes references to small claims appeals.

Paragraph 7 makes minor and typographical amendments to the Act of Sederunt (Simple Procedure) 2016.

Paragraph 8 makes further saving provisions to preserve the law relating to existing small claims.