Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications for variation or recall of decrees

50.5.—(1) An application under section 4(1) of the Act of 1977 (variation or recall of decree) shall be made by minute in the process of the action to which the application relates.

(2) On the lodging of such a minute, the minuter shall apply by motion for an order–

(a) for service on the missing person, where his whereabouts have become known;

(b) for intimation to those persons mentioned in rule 50.2(4) or to dispense with intimation to a person mentioned in rule 50.2(4)(a) or (b); and

(c) for any answers to the minute to be lodged in process within such period as the court thinks fit.

(3) An application under section 4(3) of the Act of 1977(1) (person interested seeking determination or appointment not sought by applicant for variation order) shall be made by lodging answers containing a crave for the determination or appointment sought.

(4) A person lodging answers containing a crave under paragraph (4) shall, as well as sending a copy of the answers to the minuter–

(a) send a copy of the answers by registered post or the first class recorded delivery service to each person on whom service or intimation of the minute was ordered; and

(b) lodge in process the Post Office receipt or certificate of posting of those answers.

(1)

Section 4(3) of the Act of 1977 is amended by this Act of Sederunt, Schedule 3, paragraph 1.