Act of Sederunt (Rules of the Court of Session Amendment) (Optional Procedure and Miscellaneous) 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/88 |
1992 No. 88 (S.8)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Rules of the Court of Session Amendment) (Optional Procedure and Miscellaneous) 1992
Made 16th January 1992
Coming into force 10th February 1992
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 19881and 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) (Optional Procedure and Miscellaneous) 1992 and shall come into force on 10th February 1992.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2.—(1) The Rules of the Court of Session2shall be amended in accordance with the following sub-paragraphs.
(2) In rule 74(g) (application for recall of diligence before calling)3, for the words from “The solicitors for the parties” to the word “signet”, substitute the following words:—
“The clerk shall be accompanied by counsel, solicitor or both counsel and solicitor for each party. The solicitor or counsel for the pursuer shall produce to the Lord Ordinary the principal summons bearing the signet.”.
(3) In rule 95(a) (application for commission and diligence for recovery of documents), for the words from “The applicant’s solicitor” to the words “shall also appear”, substitute the following words:—
“The clerk shall be accompanied by counsel or solicitor or both counsel and solicitor for the applicant and for any party who wishes to oppose the application and for the Lord Advocate if he wishes to oppose the application. The solicitor or counsel for the applicant shall produce to the Lord Ordinary the principal summons bearing the signet.”.
(4) In rule 95A(a) (application for order under section 1 of the Administration of Justice (Scotland) Act 1972)4, for the words from “The applicant’s solicitor” to the words “shall also appear”, substitute the following words:—
“The clerk shall be accompanied by counsel or solicitor or both counsel and solicitor for the applicant and for any party who wishes to oppose the application and for the Lord Advocate if he wishes to oppose the application. The solicitor or counsel for the applicant shall produce to the Lord Ordinary the principal summons bearing the signet.”.
(5) In rule 188J (diet roll)5—
(a)
(a) in paragraph (4) after the word...
To continue reading
Request your trial