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Act of Sederunt (Rules of the Court of Session 1994) 1994

Consolidated Text As Enacted Cited authorities 666 Cited in Related
Vincent

1994 No. 1443 (S.69)

COURT OF SESSION, SCOTLAND

Act of Sederunt (Rules of the Court of Session 1994) 1994

Made 31th May 1994

Coming into force 5th September 1994

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 19881, the provisions specified in Schedule 1 to this Act of Sederunt and of all other powers enabling them in that behalf, do hereby enact and declare:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994) 1994 and shall come into force on 5th September 1994.

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

S-2 Rules of the Court of Session

Rules of the Court of Session

2. The provisions of Schedule 2 to this Act of Sederunt shall have effect for the purpose of providing new rules for the Court of Session.

S-3 Amendments, repeals, revocations and savings

Amendments, repeals, revocations and savings

3.—(1) The enactments mentioned in Schedule 3 to this Act of Sederunt shall have effect subject to the amendments there specified.

(2) The enactments mentioned in Schedule 4 to this Act of Sederunt, being enactments relating to matters in respect of which the rules specified in the fourth column of that Schedule are made, are repealed to the extent specified in the third column of that Schedule.

(3) Subject to paragraphs (5) and (6) below, the Acts of Sederunt mentioned in Schedule 5 to this Act of Sederunt are revoked to the extent specified in the third column of that Schedule.

(4) All Acts of Sederunt to the extent that they relate to practice or procedure in the Court of Session made before 10th November 1964 (being the date on which the Act of Sederunt (Rules of Court, consolidation and amendment) 19652was made) are, in so far as still in force, revoked.

(5) No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to fees and outlays of solicitors, witnesses' fees and allowances or shorthand writers' fees shall affect fees or allowances in respect of anything done, or outlays incurred, before the date on which this Act of Sederunt comes into force.

(6) No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to interest on decrees or extracts shall affect interest included in or exigible under a decree pronounced or an extract extracted before the coming into force of this Act of Sederunt.

J.A.D. Hope

Lord President, IPD

Edinburgh

31st May 1994

SCHEDULE 1

Preamble

POWERS UNDER AND BY VIRTUE OF WHICH THIS ACT OF SEDERUNT IS MADE

Column 1

Column 2

Column 3

Relavant enactment conferring power

Relevant amending enactment

Relevant provision in Schedule 2

Section 34A of the Judicial Factors Act  1849 (c. 51)

Inserted by section 67 of the Law Reform (Miscellaneous Provisions) (Scotland) Act  1990 (c. 40)

Rules 61.31 and 61.32

Section 40 of the Judicial Factors Act 1849

Amended by paragraph 15 of Schedule 1 to the Age of Legal Capacity (Scotland) Act  1991 (c. 50)

Chapter 61

Section 11B of the Judicial Factors Act  1889 (c. 39)

Inserted by paragraph 4 of Schedule 7 to the Bankruptcy (Scotland) Act  1985 (c. 66)

Rules 61.9 and Part II of Chapter 61

Section 21 of the Judicial Factors Act 1889

  

Chapter 61

Section 4 of the Court of Session Consignations (Scotland) Act  1895 (c. 19)

  

Rule 33.12(4)

Section 11 of the Administration of Justice Act  1920 (c. 81)

  

Part II of Chapter 62

Section 12(b) of the Foreign Judgments (Reciprocal Enforcement) Act  1933 (c. 13)

  

Part II of Chapter 62

Section 1(1) of the Public Records (Scotland) Act  1937 (c. 43)

Amended by section 1(3) and (7) of the Public Registers and Records (Scotland) Act  1948 (c. 57)

Rule 9.1

Section 1(2) of the Public Records (Scotland) Act 1937

  

Rule 9.2

Section 58C of the Trade Marks Act  1938 (c. 22)

Inserted by section 300 of the Copyright, Designs and Patents Act  1988 (c. 48)

Rules 55.17

Section 8(4) of the Law Reform (Miscellaneous Provisions) (Scotland) Act  1966 (c. 19)

Amended by section 52(5) of the Court of Session Act  1988 (c. 36)

Rules 32.3 and 32.7

Section 7(b) of the Arbitration (International Investment Disputes) Act  1966 (c. 41)

  

Part III of Chapter 62

Section 1(3) of the Administration of Justice (Scotland) Act  1972 (c. 59)

  

Chapter 64

Paragraph 5 of Schedule 3 to the Domicile and Matrimonial Proceedings Act  1973 (c. 45)

  

Rule 49.1(3)

Sections 47(6) and 102(1) and (3) of the Children Act  1975 (c. 72)

Section 102 was amended by Schedule 4 to the Adoption Act  1976 (c. 36)

Rule 49.20

Section 48(1) of the Children Act 1975

Amended by Schedule 2 to the Law Reform (Parent and Child) (Scotland) Act  1986 (c. 9)

Rules 49.8(3)(g) and 49.20

Section 11 of the Divorce (Scotland) Act  1976 (c. 39)

  

Rule 49.17

Section 15 of the Presumption of Death (Scotland) Act 1977

  

Chapter 50

Section 92(4) of the Patents Act  1977 (c. 37)

  

Rule 66.7

Section 59(1) of the Adoption Act  1978 (c. 28)

  

Chapter 67

Section 57(4) of the Solicitors (Scotland) Act  1980 (c. 46)

Amended by Schedule 2 to the Solicitors (Scotland) Act  1988 (c. 42) and section 37(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Rules 68.2(1) and 68.3

Section 4 of the Civil Jurisdiction and Judgments Act  1982 (c. 27)

Extended by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993 [ S.I. 1993/604]

Rule 62.28

Section 12 of the Civil Jurisdiction and Judgments Act 1982

Extended by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993

Rule 62.40

Section 48 of the Civil Jurisdiction and Judgments Act 1982

  

Part V of Chapter 62

Section 9(5) of the Merchant Shipping (Liner Conferences) Act  1982 (c. 37)

  

Part VI of Chapter 62

Sections 121(3) and (4) and 1853 of the Representation of the People Act  1983 (c. 2)

  

Rules 69.2 and 69.3

Sections 136(2)–(4) and (7) and 185 of the Representation of the People Act 1983

Amended by paragraph 48 of Schedule 4 to the Representation of the People Act  1985 (c. 50)

Rule 69.4

Sections 138(1) and 185 of the Representation of the People Act 1983

  

Rule 69.8

Sections 139(1) and 185 of the Representation of the People Act 1983

  

Rule 69.9

Sections 146(1) and 185 of the Representation of the People Act 1983

  

Rule 69.18

Sections 147(1) and (2) and 185 of the Representation of the People Act 1983

  

Rule 69.19

Sections 152(3) and 185 of the Representation of the People Act 1983

  

Rule 69.20

Sections 153(1) and 185 of the Representation of the People Act 1983

  

Rule 69.25

Section 10 of the Child Abduction and Custody Act  1985 (c. 60)

  

Parts I and II of Chapter 70

Section 24 of the Child Abduction and Custody Act 1985

  

Parts I and III of Chapter 70

Section 1A(1)(b) of the Bankruptcy (Scotland) Act  1985 (c. 66)

Inserted by section 1(1) of the Bankruptcy (Scotland) Act  1993 (c. 6)

Rule 72.6(1)

Section 14(4) of the Bankruptcy (Scotland) Act 1985

Amended by paragraph 3 of Schedule 1 to the Bankruptcy (Scotland) Act 1993

Rule 72.6(3)

Section 62(2) of the Bankruptcy (Scotland) Act 1985

  

Rule 72.5

Paragraph 2 of Schedule 5 to the Bankruptcy (Scotland) Act 1985

  

Rule 72.6(3) and (4)

Section 27 of the Family Law Act  1986 (c. 55)

  

Rule 71.3

Section 28 of the Family Law Act 1986

  

Rule 71.6

Section 90(4) of the Debtors (Scotland) Act  1987 (c. 18)

  

Rule 16.15(1)(i)

Section 102 of the Debtors (Scotland) Act 1987

  

Part II of Chapter 16

Section 8(4) of the Criminal Justice (Scotland) Act  1987 (c. 41)

  

Rule 76.4(2)

Section 22 of the Criminal Justice (Scotland) Act 1987

  

Rules 76.10 to 76.14

Section 28(1) of the Criminal Justice (Scotland) Act 1987

  

Part VII of Chapter 62

Section 46 of the Criminal Justice (Scotland) Act 1987

  

Rules 76.3(2) and 76.7(2)

Section 7(e) of the Multilateral Investment Guarantee Agency Act  1988 (c. 8)

  

Part VIII of Chapter 62

Section 91(1) and (2) of the Criminal Justice Act  1988 (c. 33)

  

Part VII of Chapter 62

Section 6(i) of the Court of Session Act 1988

  

Chapter 3

Section 6(ii) of the Court of Session Act 1988

  

Rules 14.2 and 14.3

Section 6(iii) of the Court of Session Act 1988

  

Rules 46.2, 46.3 and 46.5

Section 6(iv) of the Court of Session Act 1988

  

Rules 46.2 and 46.4

Section 6(v) of the Court of Session Act 1988

  

Chapter 25

Section 6(vi) of the Court of Session Act 1988

  

Part II of Chapter 63

Section 6(vii) of the Court of Session Act 1988

  

Rule 13.6(b)

Section 26(2) of the Court of Session Act 1988

  

Rule 77.10

Section 26(3) of the Court of Session Act 1988

  

Rule 77.3

Sections 28 and 514 of the Court of Session Act 1988

  

Chapter 38

Sections 29(1) and 51 of the Court of Session Act 1988

  

Rules 39.1 to 39.5

Sections 34 and 51 of the Court of Session Act 1988

  

Rule 53.1 and Chapter 60

Sections 48(2)(b) and 51 of the Court of Session Act 1988

Section 48(2)(b) was substituted by paragraph 38 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Rule 23.14

Sections 49(1) and 51 of the Court of Session Act 1988

  

Rule 58.1(3)

Section 114(3) of the Copyright, Designs and Patents Act  1988 (c. 48)

  

Rule 55.17(2)

Section 204(3) of the Copyright, Designs and Patents Act 1988

  

Rule 55.17(2)

Section 231(3) of the Copyright, Designs and Patents Act 1988

  

Rule 55.17(2)

Paragraph 11(2) of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act  1989 (c. 4)

  

Rule 76.24

Paragraph 19(1)–(3) of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989

  

Part VII of Chapter 62

Section 8(1) to the Access to Health Records Act  1990 (c. 23)

  

Rule 79.3

SCHEDULE 2

Paragraph 2

THE RULES OF THE COURT OF SESSION 1994

1 Preliminary

Preliminary

CITATION, APPLICATION, INTERPRETATION AND FORMS

CITATION, APPLICATION, INTERPRETATION AND FORMS

SCH-2.1.1

1.1. Citation

These Rules may be cited as the Rules of the Court of Session 1994.

SCH-2.1.2

1.2. Application

...

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