Amendment of the Act of Sederunt (Simple Procedure) 2016
2
1
The Act of Sederunt (Simple Procedure) 2016 is amended in accordance with this paragraph.
2
In schedule 1 (the simple procedure rules)—
a
in rule 2.4(1), for “or the Response Form” substitute “, Response Form or Time to Pay Application”;
b
for rule 3.12(1), for “send a Response Form to the court and to the claimant” substitute “respond to the claim (see rule 4.2)”;
c
for rule 4.2, substitute—

How do you respond to a claim?
4.2
1
The respondent must respond to the claim by the last date for a response.
2
The respondent may respond to a claim in one of two ways:
a
by completing a Response Form and sending it to the court and the claimant, or
b
if the respondent wants to admit the claim and ask for time to pay, by completing a Time to Pay Application and sending it to the court.
;
d
in rule 4.3(3) , in the flow-chart—
i
omit “Select option C2 on the Response Form.”;
ii
omit “also”;
iii
omit “with the completed Response Form”;
iv
for “C3” substitute “C2”;
e
in rule 5.3(1)(a), for “with the completed Response Form” substitute “by the last date for a response”;
f
in rule 6.5(1) —
i
in sub-paragraph (c), for “or Response Form” substitute “, Response Form or Time to Pay Application”;
ii
in sub-paragraph (d), after “that party” insert “or that party’s representative”;
g
in rule 6.7(1) —
i
in sub-paragraph (b), for “or Response Form” substitute “, Response Form or Time to Pay Application”;
ii
in sub-paragraph (c), after “that party” insert “or that party’s representative”;
h
in rule 7.1(1), for “is received” substitute “or Time to Pay Application is received by the last date for a response”;
i
in rule 7.2(1), for “From” substitute “Form”;
j
in rule 7.4—
i
in the cross-heading, after “no Response Form” insert “or Time to Pay Application”;
ii
in paragraph (1), after “no Response Form” insert “or Time to Pay Application”;
k
for rule 13.5(1) , substitute—
1
A party may apply to have a decision of the sheriff recalled in 5 situations:
a
where the sheriff dismissed a claim because the claimant did not send the court an Application for a Decision within 2 weeks from the last date for a response,
b
where the sheriff made a decision because the respondent did not send the court a Response Form or Time to Pay Application by the last date for a response,
c
where the sheriff dismissed a claim because the claimant did not attend a discussion or hearing,
d
where the sheriff has made a decision because the respondent did not attend a discussion or hearing, and
e
where the sheriff dismissed a claim because neither party attended a discussion or hearing.
;
l
for rule 13.6, substitute—

How can a party apply to have a decision of the sheriff recalled?
13.6
1
A party may apply to have a decision of the sheriff recalled by completing an Application to Recall and sending it to the court.
2
If the sheriff made a decision following an Application for a Decision and the respondent wants to dispute the claim or part of the claim, the respondent must include a completed Response Form with the Application to Recall.
3
The sheriff clerk will check whether the Application to Recall is the first Application to Recall in the case by the party making the application.
4
If it is the first Application to Recall by that party, the sheriff must send the parties an order arranging a discussion in court at which the sheriff will consider whether to recall the decision.
5
The party making the application must send a copy of the Application to Recall and any Response Form to the other party at least 5 days before the date of the discussion in court.
;
m
for rule 15.2(3), substitute—
3
A party who is sent an order arranging a discussion in court at which the sheriff will consider an Application to Recall must not enforce a decision until the sheriff has decided whether to recall the decision.
;
n
after rule 15.3(7) , insert—
8
Where the Charge is formally served, the sheriff officer is not required to send a Confirmation of Formal Service to the court.
;
o
in rule 21.1(1), in the meaning corresponding to the word or expression “last date for a response”, for “send a Response Form to the court and to the claimant” substitute “respond to the claim by sending a Response Form to the court and to the claimant, or respond to the claim by sending a Time to Pay Application to the court”.
3
In schedule 2 (forms)—
a
in Form 2A (lay representation form), in the introduction, for “or the Response Form” substitute “, Response Form or Time to Pay Application”;
b
in Form 3A (claim form) , in section A5—
i
for “responding party” substitute “respondent”;
ii
for “Email” substitute “Online”;
c
in Form 3D (timetable), in section C, for “send a Response Form to the court and to the claimant” substitute “do one of two things: (a) send a Response Form to the court and to the claimant, or (b) if the respondent wants to admit the claim and ask for time to pay, send a Time to Pay Application to the court”;
d
for Form 4A (response form) substitute Form 4A set out in schedule 1 of this Act of Sederunt;
e
for Form 5A (time to pay application) substitute Form 5A set out in schedule 2 of this Act of Sederunt;
f
in Form 5B (time to pay notice) —
i
in the introduction—
aa
for “after the Time to Pay Application is sent” substitute “of it being sent to you”;
bb
for “dismiss your claim” substitute “decide whether to grant the application without hearing from you”;
ii
in section A, for “Date of notice” substitute “Date notice sent”;
g
in Form 6A (notice of claim) , in section B—
i
for “, if you want to dispute the claim, you must send a completed Response Form to the court and to the claimant” substitute “you must do one of two things: (a) send a Response Form to the court and the claimant, or (b) if you want to admit the claim and ask for time to pay, send a Time to Pay Application to the court”;
ii
after “how to complete the Response Form” insert “or Time to Pay Application,”;
h
in Form 7A (application for a decision) —
i
in the introduction—
aa
for “responding party” substitute “respondent”;
bb
after “a Response Form” insert “or Time to Pay Application”;
ii
in section C, after “Response Form” insert “or Time to Pay Application”;
i
for Form 13B (application to recall) substitute Form 13B set out in schedule 3 of this Act of Sederunt.
4
In schedule 3 (standard orders) —
a
in standard order SO1, for “conference” in both places where it occurs substitute “discussion”;
b
after standard order SO12 insert standard order SO13 set out in schedule 4 of this Act of Sederunt.
S.S.I. 2016/200, last amended by S.S.I. 2017/154.
Rule 4.3(3) was substituted by S.S.I. 2017/154.
Rule 6.5(1) was amended by S.S.I. 2016/315.
Rule 6.7(1) was amended by S.S.I. 2016/315.
Rule 13.5(1) was amended by S.S.I. 2016/315.
Rule 15.3(7) was inserted by S.S.I. 2017/154.
Form 3A was amended by S.S.I. 2016/315.
Form 4A was substituted by S.S.I. 2017/154.
Form 5A was amended by S.S.I. 2016/315 and S.S.I. 2017/154.
Form 5B was amended by S.S.I. 2016/315.
Form 6A was substituted by S.S.I. 2017/154.
Form 7A was amended by S.S.I. 2016/315.
Schedule 3 was substituted by S.S.I. 2016/315.