Act of Sederunt (Appointment of Judicial Factors and Rules of Court Amendment No. 2) 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/487 |
| Year | 1967 |
1967 No. 487 (S. 33)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Appointment of Judicial Factors and Rules of Court Amendment No. 2) 196717thMarch 1967
17thMarch 1967
The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40 of the Judicial Factors Act 1849(a), section 21 of the Judicial Factors (Scotland) Act 1889(b), section 16 of the Administration of Justice (Scotland) Act 1933(c), and of all other powers competent to them in that behalf, do hereby enact and declare as follows:—
1. Section 2 of the Judicial Factors Act 1849 shall be amended by deleting the words "and no factor shall enter upon the duties of his office, nor shall an extract of his appointment be issued, until after such caution is found and received as sufficient; and the factor shall extract his appointment without delay"; and by substituting therefor the words:— "and no factor shall enter upon the duties of his office, nor shall a certified copy interlocutor of his appointment be issued, until after such caution is found and received as sufficient; and the factor shall obtain a certified copy interlocutor of his appointment without delay".
2. Section 3 of the Judicial Factors Act 1849 shall be amended by deleting the words "extracting his appointment" where they occur and by substituting therefor in each place the words "obtaining an official certified copy interlocutor of his appointment".
3. Section 13 of the Judicial Factors (Scotland) Act 1889 shall be amended by deleting the word "extract" where it occurs, and in each place by substituting therefor the words "certified copy interlocutor".
4. Section 66 of the Finance Act 1916(d) as amended by section 15(3) of the National Debt Act 1958(e) shall be amended by deleting the word "extract" where it occurs, and in each place by substituting therefor the words "certified copy interlocutor".
5. Rule 133 of the Rules of Court(f) shall be amended by deleting the words "extract of the appointment; and the factor may obtain extract of the decree for payment of the sum or sums to which his appointment relates in his own name as factor either in gremio the extract of his appointment or in a separate and subsequent extract" and by substituting therefor the words "the issue of a certified copy interlocutor of the appointment".
6. There shall be added at the end of Section 3 of Chapter III of the Rules of Court a new Rule as follows:—
"170A—The Principal Clerk of Session or...
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