Act of Sederunt (Rules of the Court of Session Amendment No. 6) 1996

Statutory Instruments

1996 No. 2769 (S.213)

COURT OF SESSION, SCOTLAND

Act of Sederunt (Rules of the Court of Session Amendment No. 6) 1996

Made

30th October 1996

Coming into force

14th November 1996

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988((1)a nd of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 6) 1996 and shall come into force on 14th November 1996.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Revocation of Chapter 34A of the Rules of the Court of Session

2.  Subject to paragraph 3 below, Chapter 34A (pursuers' offers) of the Rules of the Court of Session((2)i s hereby revoked; and accordingly the Rules shall be amended–

(a) by omitting the Chapter; and

(b) by omitting from the appendix Forms 34A.2 (form of minute of offer to settle), 34A.4 (form of minute of withdrawal of offer to settle) and 34A.5 (form of minute of acceptance of offer to settle).

Saving

3.  Chapter 34A of the Rules of the Court of Session shall continue to have effect (and the forms mentioned in that paragraph shall continue to be applicable) as respects any offer to settle made, in accordance with that Chapter, at any time before this Act of Sederunt comes into force.

Rodger of Earlsferry

Lord President

I.P.D.

Edinburgh

30th October 1996

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt revokes Chapter 34A of the Rules of the Court of Session (which provides for an offer made by a pursuer to a defender to settle a claim by the pursuer against the defender) and amends the Rules by omitting the Chapter and such Forms in the appendix to the Rules as are applicable in terms of the Chapter. The Chapter is however to continue to have effect, and the forms to be applicable, as respects any such offer made before the Act of Sederunt comes into force.

(1)

1988 c. 36; section 5 was amended by the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(3) and by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 45.

(2)

S.I. 1994/1443.