Act of Sederunt (Rules of Court Amendment No. 3) (Presumption of Death) 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/161 |
| Year | 1978 |
1978 No. 161 (S. 20)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Rules of Court Amendment No. 3) (Presumption of Death) 19781stFebruary 1978
1stMarch 1978
The Lords of Council and Session under and by virtue of the powers conferred upon them by section 16 of the Administration of Justice (Scotland) Act 1933(a) and by section 15 of the Presumption of Death (Scotland) Act 1977(b) and of all other powers competent to them in that behalf, do hereby enact and declare:—
Citation, commencement and interpretation
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of Court Amendment No. 3) (Presumption of Death) 1978 and shall come into operation on 1st March 1978.
(2) The Interpretation Act 1889(c) shall apply to this Act of Sederunt as it applies to an Act of Parliament.
Actions and applications under the Presumption of Death (Scotland) Act 1977
2. In the Rules of Court(d), as amended, after rule 188A (Procedure under Defamation Act 1952), there is inserted the following rule—
"Section 8—Actions and applications under the Presumption of Death (Scotland) Act 1977.
188B(1) In this rule—
(a) "the Act" means the above Act;
(b) "action" means an action of declarator under section 1(1) of the Act;
(c) "application" means an application under section 4(1) of the Act;
(d) "remitted action" means an action of declarator raised in the Sheriff Court and remitted to the Court of Session under section 1(6) of the Act;
(e) "remitted application" means an application made in the Sheriff Court and remitted to the Court of Session under section 4(4) of the Act.
(2) An application shall be made by way of minute in the original process.
(a) 1933 c. 41.
(b) 1977 c. 27.
(c) 1889 c. 63.
(d) S.I. 1965/321.
(3) The pursuer in an action and the minuter in an application shall, subject to the provisions of this rule, intimate the summons or minute, as the case may be, to the following persons—
(a) the missing person's—
(i) husband or wife, as the case may be, and
(ii) children, including illegitimate or adopted children; or, if he has no children, his nearest known relative;
(b) any person, including any insurance company, who as far as the pursuer is aware, has any interest in the action;
(c) the Lord Advocate,
and any such person may lodge defences to an action or answers to a minute, as the case may be, within such period as the Court may allow.
(4) Any summons intimated to any person under paragraph (3) shall contain a warrant in the...
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