Amendments to the Act of Sederunt (Sheriff Court European Small Claims Procedure Rules) 20082.

(1)

The Act of Sederunt (Sheriff Court European Small Claims Procedure Rules) 20083 is amended in accordance with this paragraph.

(2)

In rule 5 (ancillary applications), before paragraph (1) insert—

“A1

An application under paragraph 1 of Article 8 (oral hearing by distance communication technology)4 is to be made by minute in Form 2A, together with the proposed request in Form A or I (as the case may be) in the Annex to Council Regulation (EC) No 1206/2001 of 28th May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters5.”.

(3)

In the schedule (forms)—

(a)

after Form 2 (transfer to domestic procedure)6, insert the Form in the schedule of this Act of Sederunt; and

(b)

in Form 3 (application for review of judgment)—

(i)

for “Service was not effected in sufficient time to enable me to arrange for my defence, without any fault on my part” substitute “I was not served with the claim form, or, in the event of an oral hearing, was not summoned to that hearing, in sufficient time and in such a way as to enable me to arrange for my defence”; and

(ii)

for “objecting to” substitute “contesting”.