Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999
CHAPTER 1 GENERAL
1.1 Citation and commencement
1.2 Interpretation
1.3 Revocation
1.4 Application
CHAPTER 2 SUMMARY APPLICATION RULES
PART I INTERPRETATION
2.1 Interpretation
PART II GENERAL RULES
2.2 Application
2.3 Relief from failure to comply with rules
2.4 The initial writ
2.5 Order for intimation to interested persons by sheriff
2.6 Time limits
2.7 Warrants, forms and certificate of citation
2.8 Orders against which caveats may be lodged
2.9 Form, lodging and renewal of caveats
2.10 Postal service or intimation
“This envelope contains a citation to or intimation from (specify...
2.11 Service within Scotland by sheriff officer
2.12 Service on persons furth of Scotland
2.13 Service where address of person is not known
2.14 Persons carrying on business under trading or descriptive name
2.15 Endorsation unnecessary
2.16 Re-service
2.17 No objection to regularity of citation, service or intimation
2.18 Service of schedule of arrestment
2.19 Arrestment on dependence before service
2.20 Movement of arrested property
2.21 Transfer to another sheriff court
2.22 Applications for time to pay directions
2.23 Remuneration of assessors
2.24 Deposits for expenses
2.25 When decrees extractable
2.26 Form of extract decree
2.27 Form of warrant for execution
“This extract is warrant for all lawful execution hereon.”.
2.28 Date of decree in extract
2.29 Decrees in absence where defender furth of Scotland
2.30 Motion procedure
2.31 Power of sheriff to make orders
CHAPTER 3 RULES ON APPLICATIONS UNDER SPECIFIC STATUES
PART I ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1972
3.1.1 Interpretation and application
3.1.2 Applications under section 1(1) of the Act
PART II BETTING AND GAMING APPEALS
3.2.1 Interpretation
3.2.2 Appeals under Part I of the 1963 Act
3.2.3 Appeals by applicants under Part II of the 1968 Act
3.2.4 Appeals by the Gaming Board under Part II of the 1968 Act
3.2.5 Appeals under Part III of the 1968 Act and Part III of the 1976 Act
PART III COAL MINING SUBSIDENCE ACT 1991
3.3.1 Interpretation and application
3.3.2 Applications under section 41 of the Act
PART IV CONVEYANCING AND FEUDAL REFORM (SCOTLAND) ACT 1970
3.4.1 Application
3.4.2 Disposal of applications under Part II of the Act
PART V COPYRIGHT, DESIGNS AND TRADE MARKS
3.5.1 Interpretation
3.5.2 Orders for delivery up, forfeiture, destruction or other disposal
3.5.3 Service of notice on interested persons
3.5.4 Procedure where leave of court required
PART VI DRUG TRAFFICKING ACT 1994
3.6.1 Interpretation and application
3.6.2 Determination of applications for continued detention of cash
3.6.3 Determination of application for release of cash
3.6.4 Determination of application for forfeiture of cash
3.6.5 Service
3.6.6 Sist of party
PART VII LICENSING (SCOTLAND) ACT 1976
3.7.1 Interpretation and application
3.7.2 Service
3.7.3 Statement of reasons of licensing board
PART VIII MENTAL HEALTH (SCOTLAND) ACT 1984
3.8.1 Interpretation and application
3.8.2 Appointment of hearing
3.8.3 Service of application
3.8.4 Duties of responsible medical officer
3.8.5 Appointment of curatorad litem
3.8.6 Appointment of solicitor by court
3.8.7 Intimation to representatives
3.8.8 Service by sheriff officer
3.8.9 Variation of conditions of community care order
3.8.10 Hearing
3.8.11 Appeal against community care order
PART IX PROCEEDS OF CRIME (SCOTLAND) ACT 1995
3.9.1 Interpretation and application
3.9.2 Service of restraint orders
3.9.3 Recall or variation of restraint orders
3.9.4 Applications for interdict
3.9.5 Applications in relation to arrestment
3.9.6 Appeals to the Court of Session
3.9.7 Applications for appointment of administrators
3.9.8 Incidental applications in an administration
3.9.9 Requirements where order to facilitate realisation of property considered
3.9.10 Documents for Accountant of Court
3.9.11 Procedure for fixing and finding caution
3.9.12 Administrator’s title to act
3.9.13 Duties of administrator
3.9.14 State of funds and scheme of division
3.9.15 Objections to scheme of division
3.9.16 Application for discharge of administrator
3.9.17 Appeals against determination of outlays and remuneration
PART X RATING (DISABLED PERSONS) ACT 1978
3.10.1 Interpretation and application
3.10.2 Appeals under section 6(5) or 6(5A) of the Act
PART XI REPRESENTATION OF THE PEOPLE ACT 1983
3.11.1 Interpretation and application
3.11.2 Initiation of proceedings
3.11.3 Security for expenses by bond of caution
3.11.4 Objections to bond of caution
3.11.5 Security by deposit
3.11.6 Amendment of pleadings
3.11.7 Notice of date and place of trial
3.11.8 Clerk of court
3.11.9 Shorthand writer’s charges
3.11.10 Appeals
3.11.11 List of votes objected to and of objections
3.11.12 Petition against undue return
3.11.13 Prescribed officer
3.11.14 Leave to abandon
3.11.15 Death of petitioner
3.11.16 Notice by respondent that he does not oppose petition
3.11.17 Application to be admitted as respondent
3.11.18 Public notice of trial not proceeding
3.11.19 Notice to a party’s agent sufficient
3.11.20 Cost of publication
3.11.21 Expenses
PART XII REQUESTS OR APPLICATIONS UNDER THE MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION
3.12.1 Interpretation
3.12.2 Application
3.12.3 Recognition and enforcement of awards
PART XIII SEX DISCRIMINATION ACT 1975
3.13.1 Interpretation
3.13.2 Application
3.13.3 Taxation of Commission expenses
3.13.4 Proceedings under section 66 of the Act
SCHEDULE 1 FORMS
SCHEDULE 2 REVOCATIONS
(1) (2) (3) Act of Sederunt Reference Extent of Revocation...
(1) (2) (3) Act of Sederunt Reference Extent of Revocation...
TABLE OF DERIVATIONS
In this Table— “the 1907 Act” means the Sheriff Courts...
TABLE OF DESTINATIONS
In this Table, “1999 Rules” means the Act of Sederunt...

1999 No. 929 (S. 65)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

Made

Coming into force

The Lords of Council and Session, under and by virtue of the powers conferred on them by Schedule 1, paragraphs 24(1), 28D and 28(2), Schedule 2, paragraph 7 and Schedule 3, paragraph 13(3) to the Betting Gaming and Lotteries Act 1963F1, Schedule 2, paragraphs 33(1), 34(1), 45 and 47, and Schedule 9, paragraph 15 to the Gaming Act 1968F2, section 32 of the Sheriff Courts (Scotland) Act 1971F3, sections 66(5A) and 75 of the Sex Discrimination Act 1975F4, section 39(9) of the Licensing (Scotland) Act 1976F5, Schedule 3, paragraph 12 to the Lotteries and Amusements Act 1976F6, sections 136, 139, 146, 147, 152, 153, 182(3) and 185 of the Representation of the People Act 1983F7, sections 114(3), 204(3) and 231(3) of the Copyright, Designs and Patents Act 1988F8, section 19(3) of the Trade Marks Act 1994F9, section 46 of the Drug Trafficking Act 1994F10, Regulation 5(3) of the Olympics Association Right (Infringement Proceedings) Regulations 1995F11, and sections 31(5) and 48 of, and Schedule 1, paragraph 11 to, the Proceeds of Crime (Scotland) Act 1995F12 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

Annotations:
Amendments (Textual)
F1

1963 c.2; paragraph 28D of Schedule 1 was inserted by S.I. 1997/947.

F4

1975 c.65; subsection (5A) of section 66 was inserted by the Race Relations Act 1976 (c.74), Schedule 4, paragraph 5(2) and section 75 was amended by the Industrial Tribunals Act 1996 (c.17), Schedule 1, paragraph 3.

F7

1983 c.2; section 136 was amended by the Representation of the People Act 1985 (c.50), Schedule 4, paragraph 48. Section 185 contains a definition of “prescribed” which is relevant to the exercise of the statutory powers under which these rules are made.