Act of Sederunt (Simple Procedure Amendment) (Civil Online) 2020

Modification of the Act of Sederunt (Simple Procedure) 2016

2.—(1) The Act of Sederunt (Simple Procedure) 2016(1) applies in accordance with the modifications in this paragraph.

(2) Paragraph 2 (the Simple Procedure Rules) has effect as if for sub-paragraph (2)(b) there were substituted—

“(b) an electronic version of the form with that name in Schedule 2, adapted for use by the Scottish Courts and Tribunals Service with—

(i) the portal on its website, or

(ii) the internet interface to its case management system.”.

(3) Schedule 1 (the Simple Procedure Rules)(2) has effect as if—

(a) in rule 3.7 (what do you do with a completed Claim Form?), for paragraph (1) there were substituted—

“(1) The completed Claim Form must be sent to the sheriff court by submitting it to the court using:

(a) the portal on the Scottish Courts and Tribunals Service website (see rule 6.6(1)(c)), or

(b) the Scottish Courts and Tribunals Service’s internet interface to its case management system (see rule 6.6(2)).

(1A) Where the completed Claim Form cannot be sent in either of the ways mentioned in paragraph (1), it may be sent by one of the other ways mentioned in rule 6.6(1), but the claim will only be registered where:

(a) the Claim Form is accompanied with a note explaining why it could not have been sent in either of the ways mentioned in paragraph (1), and

(b) the sheriff considers, from the explanation in the note, that the claimant could not have sent it in either of those ways.”;

(b) in rule 3.9(3) (where clerk must ask for sheriff’s approval), after sub-paragraph (a) there were inserted—

“(aa) the Claim Form has been sent by submitting it to the court using neither the portal on the Scottish Courts and Tribunals Service website nor the Scottish Courts and Tribunals Service’s internet interface to its case management system,”; and

(c) in rule 6.6 (how can a party send something to the court?), after paragraph (1) there were inserted—

“(2) A claimant may also send a Claim Form to the court by submitting it to the court using the Scottish Courts and Tribunals Service’s internet interface to its case management system.”.

(1)

S.S.I. 2016/200, last amended by S.I. 2020/942.

(2)

Schedule 1 was last amended by S.I. 2020/942.