Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016
| Jurisdiction | UK Non-devolved |
| Citation | SSI 2016/315 |
2016 No. 315
COURT OF SESSION SHERIFF APPEAL COURT SHERIFF COURT
Made 11thOctober 2016
Laid before the Scottish Parliament 13thOctober 2016
Coming into force 28thNovember 2016
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 2014(2) and all other powers enabling it to do so.
Citation and commencement, etc.
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016.
(2) It comes into force on 28th November 2016.
(3) A certified copy is to be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session 1994
2.—(1) The Rules of the Court of Session 1994(3) are amended in accordance with this paragraph.
(2) In rule 1.3(1) (interpretation) after the definition of ‘send’, insert—
‘‘simple procedure case’ has the meaning given by section 72(9) of the Courts Reform (Scotland) Act 2014;’.
(3) In rule 40.7(2)(b)(iii) (procedure following transmission of appeal process)—
(a) omit ‘or a small claim under the Act of Sederunt (Small Claim Rules) 2002’;
(b) after ‘the stated case of the sheriff’, insert ‘, or in an appeal in a simple procedure case, the Decision Form and Appeal Report’.
Revocation and saving of the Small Claim Rules 2002
3.—(1) The Act of Sederunt (Small Claim Rules) 2002(4) is revoked.
(2) Despite that revocation, the Small Claim Rules 2002 continue to apply to a small claim commenced before 28th November 2016.
(3) Despite the revocation of paragraph 3 of the Act of Sederunt (Small Claim Rules) 2002 (transitional provision), the law and practice in force immediately before 10th June 2002 continues to apply to a small claim commenced before that date.
Amendment of the Act of Sederunt (Summary Cause Rules) 2002
4.—(1) The Act of Sederunt (Summary Cause Rules) 2002(5) is amended in accordance with this paragraph.
(2) In paragraph 2 (Summary Cause Rules), omit ‘other than a small claim’.
(3) In schedule 1 (Summary Cause Rules 2002)—
(a) in rule 1.1 (citation, interpretation and application)—
(i) in paragraph (2), omit the definition of ‘small claim’;
(ii) omit paragraph (6);
(b) in rule 16.2B (remits from ordinary cause or small claim to summary cause)—
(i) the heading becomes ‘Remits from ordinary cause to summary cause’;
(ii) omit ‘or small claim’;
(iii) in subparagraph (a), omit ‘in the case of an ordinary cause,’;
(c) in appendix 2 (glossary)—
(i) in the term ‘remit between procedures’, for ‘e.g. small claim or’ substitute ‘i.e.’;
(ii) after the term ‘sheriff officer’, insert—
‘Simple procedure Simple procedure is a court process designed to provide a speedy, inexpensive and informal way to resolve disputes.’;
(iii) omit the term ‘small claim’.
Amendment of the Rules for Applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002
5.—(1) The Rules for Applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002(6) are amended in accordance with this paragraph.
(2) In rule 1(2) (interpretation) at the end, insert—
‘‘simple procedure case’ has the meaning given by section 72(9) of the Courts Reform (Scotland) Act 2014.’
(3) After rule 6A (vulnerable witnesses), insert—
‘Simple procedure
6AA.—(1) This rule applies to any application under these rules relating to or following from a simple procedure case.
(2) Any form may be adapted where required to fit the terminology or procedure in a simple procedure case.
(3) Where these rules require an application to be made by minute, that application must be made by Form 35 (debt arrangement and attachment application), and references to a minute include references to that form.
(4) References to a certified copy of an interlocutor mean a certified copy of an order of the sheriff.’.
(4) In appendix 1 (forms) at the end, insert the form set out in schedule 1 of this Act of Sederunt.
(5) In appendix 2 (glossary)—
(a) omit the term ‘hearing date’;
(b) in the term ‘incidental application’, omit ‘a small claim or’;
(c) in the term ‘motion’, omit ‘small claim or’;
(d) in the term ‘remit between procedures’, omit ‘either the small claim or’;
(e) in the term ‘return day’, omit ‘small claim or’;
(f) after the term ‘sheriff officer’, insert—
‘Simple procedure Simple procedure is a court process designed to provide a speedy, inexpensive and informal way to resolve disputes.’;
(g) omit the term ‘small claim’;
(h) in the term ‘summary cause’, for ‘usually having a higher value than a small claim and’ substitute ‘(other than simple procedure cases), with’;
(i) in the term ‘summons’, omit ‘small claim or’;
(j) in the term ‘writ’, omit ‘a small claim or’.
Amendment of the Act of Sederunt (Sheriff Appeal Court Rules) 2015
6.—(1) The Act of Sederunt (Sheriff Appeal Court Rules) 2015(7) is amended in accordance with this paragraph.
(2) In chapter 29 (appeals from summary causes and small claims)—
(a) the heading of the chapter becomes ‘Appeals from summary causes’;
(b) in rule 29.1(1) omit subparagraph (b);
(c) in rule 29.3(1)—
(i) omit ‘or rule 23.4(4) of the Small Claim Rules 2002’;
(ii) in subparagraph (a), omit ‘or form 23 of the Small Claim Rules 2002’.
(3) In paragraph 1(3)(h) of schedule 1, omit ‘and small claims’.
Amendment of the Act of Sederunt (Simple Procedure) 2016
7.—(1) The Act of Sederunt (Simple Procedure) 2016(8) is amended in accordance with this paragraph.
(2) In paragraph 3(1) (interpretation of the Simple Procedure Rules)—
(a) in the definition of ‘a case where the expenses of a claim are capped’, omit subparagraph (b);
(b) for ‘a decision absolving the responding party’ substitute ‘a decision which absolves the respondent’;
(c) for ‘a decision ordering the responding party to deliver something to the claimant’ substitute ‘a decision which orders the respondent to deliver something to the claimant’;
(d) for ‘a decision ordering the responding party to do something for the claimant’ substitute ‘a decision which orders the respondent to do something for the claimant’;
(e) in the definition of ‘child's property administration order’ for ‘11(1)’ substitute ‘11(1)(d)’;
(f) for ‘restart a case’ substitute ‘restart the case’.
(3) In schedule 1 (the simple procedure rules)—
(a) in rule 1.8(12), for ‘part of claim’ substitute ‘part of a claim’;
(b) in rule 5.6(2), for ‘order’ substitute ‘an order’;
(c) in rule 6.5(1)—
(i) for ‘4’ substitute ‘5’;
(ii) after subparagraph (d) insert—
‘(e) delivering it to a document exchange of which that party or that party's representative is a member.’;
(d) in rule 6.6(1)—
(i) for ‘three’ substitute ‘4’;
(ii) after subparagraph (c) insert—
‘(d) delivering it to a document exchange of which the sheriff clerk is a member.’;
(e) in rule 6.7(1)—
(i) for ‘three’ substitute ‘4’;
(ii) in after subparagraph (c) insert—
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