Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020

“CHAPTER 109CARE HOMES: EMERGENCY INTERVENTION ORDERS

Interpretation and application of this Chapter109.1.

(1)

In this Chapter—

“the 2010 Act” means the Public Services Reform (Scotland) Act 2010 as modified by paragraph 17 (emergency intervention orders) of schedule 1 of the Coronavirus (Scotland) (No.2) Act 20204;

“emergency intervention order” has the meaning given by section 65A(2) (care homes: emergency intervention orders) of the 2010 Act;

(2)

This Chapter applies in relation to applications made under section 65A of the 2010 Act.

Applications under section 65A of the 2010 Act109.2.

(1)

An application for an emergency intervention order under section 65A(1) of the 2010 Act must be made by petition.

(2)

An interim order under section 65A(3) of the 2010 Act must be sought by prayer in the petition for the emergency intervention order.

(3)

An application under section 65A(13) of the 2010 Act for variation, extension or revocation of an emergency intervention order must be made by note in the process for the emergency intervention order to which it relates.

(4)

An application under section 65A(14) of the 2010 Act for variation or recall of an interim order granted under section 65A(3) of that Act must be made by motion.”.

“Proof management hearing29.17A.

(1)

Where a proof diet has been—

(a)

discharged;

(b)

adjourned, whether under rule 29.17 (proof to be taken continuously) or otherwise; or

(c)

continued to a later date,

the sheriff may, of the sheriff’s own motion, fix a proof management hearing.

(2)

It is the duty of the parties to provide the sheriff with sufficient information to enable the sheriff to conduct the hearing as provided for in this rule.

(3)

At a proof management hearing the sheriff is to ascertain, so far as is reasonably practicable, whether the cause can proceed to proof or, as the case may be, continued proof and in particular—

(a)

when the parties expect to be able to proceed to proof or continued proof;

(b)

the likely availability of witnesses;

(c)

the extent to which the proof or continued proof, and the attendance of witnesses, may be conducted remotely and how that might be achieved; and

(d)

the extent to which affidavit evidence may be used.

(4)

At a proof management hearing the sheriff may—

(a)

discharge the proof or continued proof;

(b)

fix a date for the proof diet or, as the case may be, a new date for the continued proof;

(c)

continue the proof management hearing to a later date;

(d)

make such other order as the sheriff thinks fit to secure the expeditious progress of the cause.”.

“(2A)

The sheriff may, on the sheriff’s own motion, vary the timetable where satisfied that the efficient determination of the action would be served by doing so and in consequence may—

(a)

discharge a diet ordered pursuant to rule 36.G1(5) or (7) (allocation of diets and timetables)7; or

(b)

sist the action.”.

“PART LIICARE HOMES: EMERGENCY INTERVENTION ORDERS

Interpretation3.52.1.

In this Part—

“the 2010 Act” means the Public Services Reform (Scotland) Act 2010 as modified by paragraph 17 (emergency intervention orders) of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020;

“emergency intervention order” has the meaning given by section 65A(2) (care homes: emergency intervention orders) of the 2010 Act.

Applications under section 65A of the 2010 Act3.52.2.

(1)

An application for an emergency intervention order under section 65A(1) of the 2010 Act must be made by summary application.

(2)

An interim order under section 65A(3) of the 2010 Act must be sought by crave in the initial writ for the emergency intervention order.

(3)

An application under section 65A(13) of the 2010 Act for variation, extension or revocation of an emergency intervention order must be made by minute in the process for the emergency intervention order to which it relates.

(4)

An application under section 65A(14) of the 2010 Act for variation or recall of an interim order granted under section 65A(3) of that Act must be made by motion in the process of the emergency intervention order to which it relates.”.