Amendment of the Act of Sederunt (Simple Procedure) 2016
5
1
The Act of Sederunt (Simple Procedure) 2016 is amended in accordance with this paragraph.
2
In paragraph 3(1) (interpretation of the Simple Procedure Rules), after the definition of “trading name” insert—
- “trainee solicitor” means a person who is training to be a solicitor and is supervised by a solicitor in accordance with regulations made by the Council of the Law Society of Scotland under section 5 of the Solicitors (Scotland) Act 1980 ;
.
3
In schedule 1 (the Simple Procedure Rules)—
a
in rule 2.2(2), after “solicitor” insert “, trainee solicitor”;
b
in rule 15.3—
i
for paragraph (2) substitute—
2
Before enforcing a decision for payment of a sum of money, the successful party must formally serve a Charge on the other party by sheriff officer using one of the methods of formal service mentioned in rule 18.3.
;
ii
after paragraph (5) insert—
6
The requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926 .
.
c
in rule 15.4(2), after “serve it” insert “by sheriff officer”; and
d
after rule 20.8(3), insert—
4
The requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926.
.
The Council of the Law Society of Scotland was continued in being by section 3 of the Solicitors (Scotland) Act 1980 (c. 46).
1926 c. 16. Section 2 was last amended by the Postal Services Act 2011 (c. 5), Schedule 12, paragraph 76. Section 3 was amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), schedule 5, paragraph 7(3)(b).