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63.7.—(1) This Part applies to–
(a)an application to the nobile officium of the court for approval of a cy près scheme in relation to a public trust; or
(b)an application to the court under–
(i)Part VI of the Education (Scotland) Act 1980(1) (reorganisation of endowments); or
(ii)Part I of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(2) (charities and reorganisation of public trusts).
(2) In this Part, “the Act of 1990” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
Commencement Information
I1Sch. 2 rule 63.7 in force at 5.9.1994, see para. 1(1)
63.8. Subject to rule 63.9 (referral to Inner House), all proceedings in an application to which this Part applies shall be brought before a judge of the court nominated for that purpose by the Lord President or, where the nominated judge is not available, any other judge of the court (including the vacation judge); and, in this Part, “Lord Ordinary” shall be construed accordingly.
Commencement Information
I2Sch. 2 rule 63.8 in force at 5.9.1994, see para. 1(1)
63.9. The Lord Ordinary, if he thinks fit, may at any time remit a petition to which this Part applies to the Inner house to be determined by a Division of the Inner House.
Commencement Information
I3Sch. 2 rule 63.9 in force at 5.9.1994, see para. 1(1)
63.10.—(1) Subject to the following paragraphs of this rule, an application to which this Part applies shall be made by petition.
(2) An application for an order in a petition to which this Part applies which is in dependence shall be made by motion.
(3) At the hearing of a motion under paragraph (2), the court may order that the application be made by note; and, in such a case, shall make an order for the lodging of answers to the note in process within such period as the court thinks fit.
(4) Intimation to the court by the Lord Advocate under section 1(6) or 5(13) of the Act of 1990 (interdict until intimation to court) shall be made by motion for recall of the interlocutor.
Commencement Information
I4Sch. 2 rule 63.10 in force at 5.9.1994, see para. 1(1)
63.11. A petition to which this Part applies shall be served on all persons who may have an interest in the subject-matter of the petition.
Commencement Information
I5Sch. 2 rule 63.11 in force at 5.9.1994, see para. 1(1)
63.12.—(1) if, on the expiry of the period of notice, no answers have been lodged, the petitioner may apply by motion for an order granting the prayer of the petition.
(2) On a motion under paragraph (1), the Lord Ordinary may, before determining that motion–
(a)remit to a reporter to inquire into, and report on, the petition and any scheme appended to it;
(b)order the petitioner to lodge evidence by affidavit or documentary evidence;
(c)order a further hearing; or
(d)make such other order as he thinks fit.
Commencement Information
I6Sch. 2 rule 63.12 in force at 5.9.1994, see para. 1(1)
63.13.—(1) Where answers are lodged in a petition, the parties may adjust the petition and answers during the period of 28 days from the date on which answers are lodged or from the expiry of the period of notice, whichever is the later.
(2) Within 14 days after the expiry of the period allowed for adjustment under paragraph (1), the petitioner shall enrol a motion for an order for such further procedure as he shall specify.
(3) On a motion under paragraph (2), the Lord Ordinary shall make such order as he thinks fit for the further procedure of the petition; and, in particular–
(a)may–
(i)remit to a reporter to inquire into, and report on, the petition and any scheme appended to it;
(ii)order a party to lodge evidence by affidavit or documentary evidence; and
(b)then, or thereafter, shall appoint the cause to a hearing.
(4) At a hearing appointed under paragraph (3)(b), the Lord Ordinary shall–
(a)determine the petition; or
(b)make such order for further procedure as he thinks fit.
(5) If at any stage answers are withdrawn, the petition shall proceed as if answers had not been lodged.
Commencement Information
I7Sch. 2 rule 63.13 in force at 5.9.1994, see para. 1(1)
63.14. An interlocutor approving a cy près scheme or a scheme for the variation or reorganisation of a public trust shall contain a warrant for the registration of an official certified copy of the interlocutor, and a copy of the scheme certified by the agent to the petitioner, in the Books of Council and Session or the books of a specified sheriff court.
Commencement Information
I8Sch. 2 rule 63.14 in force at 5.9.1994, see para. 1(1)
63.15. An order made under paragraph (a) or (g) of section 7(4) of the Act of 1990 (interim interdict or interdict of body holding itself out as a charity etc.) shall, unless the court otherwise directs, be advertised forthwith in one or more newspapers as the court shall direct for ensuring that it comes to the notice of persons dealing with a non-recognised body within the meaning of section 2(2) of that Act.
Commencement Information
I9Sch. 2 rule 63.15 in force at 5.9.1994, see para. 1(1)
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