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Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2016
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- Scottish Statutory Instruments
- 2016 No. 367
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EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)
This Act of Sederunt makes miscellaneous amendments to various sheriff court rules.
Paragraph 2 amends rule 36A.10(1)(c) of the Ordinary Cause Rules 1993 to correct a drafting error.
Paragraphs 3 and 4 amend the Act of Sederunt (Sheriff Court European Small Claims Procedure Rules) 2008 and the Act of Sederunt (Sheriff Court European Order for Payment Procedure Rules) 2008 to introduce references to simple procedure and to remove references relating to domestic small claims.
Paragraph 5 amends the Act of Sederunt (Simple Procedure) 2016. These amendments provide that trainee solicitors may act as legal representatives in simple procedure cases and clarify how a Charge must be formally served before a decision can be enforced.
Paragraph 6 amends paragraph 8 of the Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Bankruptcy (Scotland) Act 2016) 2016. The effect of the amendment is to modify the purposes for which the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008 (“the 2008 Rules”) continue to have effect following their revocation. In particular, the amendment ensures that certain forms prescribed in the 2008 Rules continue to have effect in relation to trust deeds executed before 30th November 2016.
Paragraph 7 amends the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016 to correct minor drafting errors.
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