http://www.legislation.gov.uk/uksi/1996/2445/schedule/made

Act of Sederunt (Sheriff Court Ordinary Cause Rules Amendment) (Miscellaneous) 1996

Legislation

King's Printer of Acts of Parliament

2021-09-03

SHERIFF COURT, SCOTLAND

This Act of Sederunt amends the Ordinary Cause Rules in the Sheriff Court by:–amending Chapter 9 (standard procedure in defended causes) to provide that where a second or subsequent Options Hearing requires to be fixed, the sheriff clerk will intimate to all parties the new dates in relation to defences, adjustment and the hearing (paragraph 3(13)); further amending Chapter 9 to provide that where an Options Hearing is continued, and further adjustment or amendment is made to the pleadings, the pursuer is required to lodge a certified copy of the pleadings in process not later than 2 days before the continued Options Hearing (paragraph 3(14)); and further providing for the lodging of the note of the basis for preliminary pleas where an Options Hearing is so continued (paragraph 3(29));amending rule 12.2 (provisions in relation to interlocutors) to make provision for the content of interlocutors in undefended causes, other than family actions, in which evidence has been led, and to require the sheriff, when requested to do so by a party, to provide a note setting out the reasons for his decision in any other interlocutor (paragraph 3(17));amending Chapter 14 (applications by minute) to introduce a new procedure for minutes, and providing new forms (paragraph 3(20), (21) and (65)(b) and (c));amending Chapter 15 (motions) to introduce a new procedure for motions, and providing new forms (paragraph 3(22) and (65)(b));amending Chapter 19 (counterclaims) to prescribe the form of record where a counterclaim is lodged (paragraph 3(27));extending rule 29.6 (hearing parts of proof separately) to apply to all types of action (paragraph 3(39));amending Chapter 31 (appeals) to introduce new rules to regulate the procedure in appeals and providing a new form (paragraph 3(43) and (65)(i));amending Chapter 33 (family actions) to make provision for applications for financial provision on divorce where the order is in respect of a pension lump sum under section 12A of the Family Law (Scotland) Act 1985, including the provision of a new form (paragraph 3(45), (50), (51) and (65)(k)); andmaking minor consequential and typographical amendments (all other sub-paragraphs of paragraph 3).