Act of Sederunt (Sheriff Court Rules Amendment) (European Small Claims Procedure and European Order for Payment Procedure) 2017

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends 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 take account of amendments made by Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure (OJ L 341, 24/12/2015, p.1), which come into force on 14th July 2017.

Paragraph 2 makes amendments so that applications for the use of distance communication for oral hearings in other Member States are made by minute and new Form 2A. Paragraph 2(3)(b) makes amendments to align the language in Form 3 to reflect the amended terms of Regulation (EC) No 861/2007.

Paragraph 3(3) makes amendments to provide that where the claimant has indicated the contested European order for payment proceedings are to continue as a European Small Claim, and they are within the scope of the European Small Claims Procedure, then they are to continue under that procedure. Power is provided for the sheriff to make such order as the sheriff thinks fit to bring the proceedings under the European Small Claims Procedure. Where the claimant has not indicated which court procedure is to apply, or has elected for European Small Claims Procedure but the claim is outwith the scope of that procedure, then the proceedings continue under the ordinary court rules. Paragraph 3(2) and (4) make amendments in consequence of the availability of European Small Claims Procedure in relation to contested European order for payment proceedings.