SCHEDULE 2 THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 16 SERVICE, INTIMATION AND DILIGENCE

PART II DILIGENCE

16.12 Excution of diligence
(1) This rule applies to–
(a) the execution of any diligence on a warrant, act or decree of the court other than–
(i) an arrestment to which rule 16.13 (arrestment of ships and arrestment in rem of cargo on board ship) applies; or
(ii) an arrestment to which rule 16.14(1) (arrestment in rem of cargo landed or transhipped) applies; and
(b) diligence in execution of a writ registered for execution in the Books of Council and Session.
(2) Subject to the following paragraphs of this rule, the execution of any diligence by virtue of these Rules on a person shall be executed by a messenger-at-arms in the same manner as service of a document is permitted under rule 16.1(1)(a)(i), (ii) or (iii) or (b)(i) (methods and manner of service); and, where appropriate, the following provisions of Part I (service and intimation) shall, with the necessary modifications, apply to the execution of diligence as they apply to service of a document:–
rule 16.3(1) to (4) (service by messenger-at-arms),
rule 16.4(2)(a), (3), (6) and (7) (service by post).
(3) In the application under this rule, by virtue of paragraph (2), of–
(a) sub-paragraph (b) of paragraph (1) of rule 16.3 (completion of citation or notice and certificate of service) for the reference to Form 16.3 in that sub-paragraph there shall be substituted a reference to the appropriate form of certificate of execution in rule 16.15 (forms for diligence); and
(b) sub-paragraph (b) of paragraph (4) of rule 16.4 (completion of citation or notice and certificate of service), for the reference to Form 16.4 in that sub-paragraph, there shall be substituted a reference to the appropriate form of certificate of execution in rule 16.15.
(4) The execution of such diligence on–
(a) an individual who is resident furth of Scotland,
(b) a person who has no registered office, other official address or a place of business in Scotland,
(c) a person whose residence is not known and cannot reasonably be ascertained, or
(d) a person on whom service cannot be executed in a manner permitted under paragraph (2),
shall be executed edictally by a messenger-at-arms leaving or depositing the appropriate schedule mentioned in rule 16.15. at the office of the Extractor.
(5) Where the execution of diligence is made edictally under paragraph (4), a copy of the schedule left at the office of the Extractor shall be sent by a messenger-at-arms by registered post or the first class recorded delivery service to the place furth of Scotland where the person on whom diligence is executed edictally resides, has his registered office, official address or place of business, as the case may be, or such last known place.
(6) A messenger-at-arms executing diligence shall have in his possession–
(a) in the case of diligence on a warrant in a principal writ, the principal writ or a copy of it certified as correct by the agent for the party whose writ it is,
(b) in the case of diligence on a warrant in an interlocutor, a certified copy of that interlocutor, or
(c) in the case of diligence on an extract of an act or a decree, or a document registered in the Books of Council and Session, the extract,
which he shall show, if required, to any person on whom he executes diligence.
(7) The party on whose behalf diligence has been executed in a cause depending before the court shall attach the certificate of execution to the document containing the warrant for diligence.

16.13 Arrestment of ships and arrestment in rem of cargo on board ship
(1) An arrestment of a ship in rem or on the dependence, or an arrestment in rem of cargo on board ship, may be executed on any day by a messenger-at-arms who shall affix the schedule of arrestment–
(a) to the mainmast of the ship;
(b) to the single mast of the ship; or
(c) where there is no mast, to some prominent part of the ship.
(2) In the execution of an arrestment of a ship on the dependence, the messenger-at-arms shall, in addition to complying with paragraph (1), mark the initials “ER” above the place where the schedule of arrestment is fixed.
(3) On executing an arrestment under paragraph (1), the messenger-at-arms shall deliver a copy of the schedule of arrestment and a copy of the certificate of execution of it to the master of the ship, or other person on board in charge of the ship or cargo, as the case may be, as representing the owners of, or parties interested in, the ship or cargo, as the case may be.
(4) Where the schedule of arrestment and the copy of the certificate of execution of it cannot be delivered as required under paragraph (3)–
(a) the certificate of execution shall state that fact; and
(b) either–
(i) the arrestment shall be executed by serving it on the harbour master of the port where the ship lies; or
(ii) where there is no harbour master, or the ship is not in a harbour, the pursuer shall enrol a motion for such further order as to intimation and advertisement, if any, as may be necessary.
(5) A copy of the schedule of arrestment and a copy of the certificate of excution of it shall be delivered by the messenger-at-arms to the harbour master, if any, of any port where the ship lies.
(6) In this rule, “ship” has the meaning assigned in section 48(f) of the Administration of Justice Act 1956.
1956 c. 46.

16.14 Arrestment of cargo
(1) Where cargo has been, or is in the course of being, landed or transhipped, whether or not it has been delivered to its owner or his agent, any arrestment in rem of the cargo shall be executed by a messenger-at-arms who shall serve the schedule of arrestment–
(a) on the custodian for the time being of such cargo; or
(b) where the cargo has been landed on the quay or into a shed of any port or harbour authority, to the harbour master.
(2) An arrestment, other than an arrestment to which paraghraph (1) applies, of cargo on board ship may be executed on any day by a messenger-at-arms who shall serve the schedule of arrestment on the owner of the cargo or other proper arrestee.

16.15 Forms for diligence
(1) In the execution of diligence, the following forms shall be used:–
(a) in the case of an arrestment to found jurisdiction, a schedule in Form 16.15—A and a certificate of execution in Form 16.15–H;
(b) Subject to sub-paragraph (e), in the case of an arrestment on the dependence, a schedule in Form 16.15–B and a certificate of execution in Form 16.15–H;
(c) in the case of an arrestment in rem of a ship or cargo to enforce a maritime hypothec or lien, a schedule in Form 16.15—C and a certificate of execution in Form 16.15–I;
(d) in the case of an arrestment in rem of a ship to enforce a non-pecuniary claim, a schedule in Form 16.15–D and a certificate of execution in Form 16.15–I;
(e) in the case of an arrestment of a ship or cargo on board ship on the dependence, a schedule in Form 16.15–B and a certificate of execution in Form 16.15–J;
(f) subject to paragraph (g), in the case of an arrestment in execution, a schedule in Form 16.15–E and a certificate of execution in form 16.15–H;
(g) in the case of an earnings arrestment, or a current maintenance arrestment, within the meaning of Part III of the Debtors (Scotland) Act 1987, a schedule in Form 30 (in respect of an earnings arrestment), or Form 34 (in respect of a current maintenance arrestment), and a certificate of execution in Form 60, in the Schedule to the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988;
1987 c. 18.
S.I. 1988/2013.
(h) in the case of an inhibition, a schedule in Form 16.15–F and a certificate of execution in Form 16.15–H;
(i) in the case of the execution of a charge for payment of money, a charge in Form 16.15—G and a certificate of execution in Form 16.15.–K; and
(j) in the case of a poinding, a schedule in Form 5, and a certificate of execution in Form 60, in the Schedule to the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988.
(2) Where two or more of the arrestments mentioned in paragraph (1)(a), (b), (c) and (d) are to be executed, they may be combined in one schedule of arrestment.