Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Miscellaneous) 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1756 |
| Year | 1996 |
1996 No. 1756 (S.146)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996
Made 4th July 1996
Coming into force 5th August 1996
The Lords of Council and Session, under and by virtue of the powers conferred on them by sections 10 and 24 of the Child Abduction and Custody Act 19851, sections 5 and 6(ii) of the Court of Session Act 19882, paragraph 19(1)—(3) of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 19893, section 177(2) of the Merchant Shipping Act 19954, section 36(1) and (2) of the Proceeds of Crime (Scotland) Act 19955, regulation 5(3) of the Olympics Association Right (Infringement Proceedings) Regulations 19956and 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 No.3) (Miscellaneous) 1996 and shall come into force on 5th August 1996.
(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 Session 19947shall be amended in accordance with the following sub-paragraphs.
(2) In rule 4.7 (lodging of documents in Inner House causes), in paragraph (1)(d), omit the words “or 38.7(3)”.
(3) In rule 14.2 (applications by petition in the Outer House)—
(a)
(a) at the end of paragraph (g), omit the word “and”;
(b)
(b) at the end of paragraph (h), for the full-stop, substitute “; and”; and
(c)
(c) after paragraph (h), insert the following paragraph:—
“(i)
“(i) an application to the court in exercise of itsparens patriae jurisdiction.”.
(4) In rule 14.7 (intimation and service of petitions), after paragraph (2), insert the following paragraph:—
“3 A petition to the court in exercise of itsparens patriae jurisdiction shall not be intimated on the walls of the court.”.
(5) In rule 40.1 (application and interpretation of this Chapter), in paragraph (2)(c)—
(a)
(a) in head (i), at the end, insert the word “or”;
(b)
(b) in head (ii), for “; or” substitute a full-stop; and
(c)
(c) omit head (iii).
(6) In rule 40.12 (objections to competency of appeals), in paragraph (4), for the words “whether or not any other party has opposed the motion for grounds of appeal under paragraph (1), he may,”, substitute the words “he may, at any time”.
(7) In rule 41.1 (application and interpretation of this Chapter), in paragraph (2)—
(a)
(a) in the definition of “appeal”, after the word “submission”, insert the words “, or an application under an enactment by virtue of which a person may question the validity of a decision”; and
(b)
(b) in the definition of “decision”, for the words “determination or assessment”, substitute the words “assessment, determination, order or scheme”.
(8) In rule 41.2 (applications for leave to appeal)—
(a)
(a) in paragraph (1), for the words from “unless” to “court”, substitute the following:—
“unless—
(a) the enactment allowing the appeal requires the application to be made to the court; or
(b) there are special circumstances which make it impracticable or impossible to apply to the tribunal”;
(b)
(b) in paragraph (3)(b), for the words from “within 14 days” to “paragraph (4)”, substitute the words “within the period mentioned in paragraph (1)(b) of rule 41.20 (lodging of appeal in court)”;
(c)
(c) omit paragraph (4); and
(d)
(d) paragraphs (5) and (6) shall become, respectively, paragraphs (4) and (5).
(9) In rule 41.5 (applications for case)—
(a)
(a) in paragraph (2)(b), for the words from “14 days” to “as the case may be”, substitute the words “the period mentioned in paragraph (3)”; and
(b)
(b) after paragraph (2), insert the following paragraph:—
“3 The period referred to in paragraph (2)(b) is—
(a) the period prescribed by the enactment under which the appeal is made; or
(b) where no such period is prescribed, within 14 days after the issue of the decision or statement of reasons, as the case may be.”.
(10) In rule 41.20 (lodging of appeal in court)—
(a)
(a) in paragraph (1), for the words “paragraph (2)”, substitute the words “paragraphs (2) and (3)”;
(b)
(b) in sub-paragraph (b) of paragraph (1)—
(i) in head (i), after “appellant;”, insert the word “or”;
(ii) in head (ii), for “; or”, substitute a full-stop; and
(iii) omit head (iii);
(c)
(c) paragraph (2) shall become paragraph (4); and
(d)
(d) after paragraph (1), insert the following paragraphs:—
“2 Where leave to appeal to the court has been granted by the tribunal under any of the following enactments, the appeal shall be lodged in the General Department within 42 days after the date on which the decision to grant leave was intimated to the appellant:—
(a) section 25 of the Child Support Act 19918(appeal from decision of a commissioner on a question of law with leave of the commissioner);
(b) section 24 of the Social Security Administration Act 19929(appeal from decision of a commissioner on a question of law with leave of the commissioner); and
(c) section 9 of the Asylum and Immigration Appeals Act 199310(appeal on a question of law from a final determination of an immigration appeals tribunal with leave of the tribunal).
3 Where an application for leave to appeal was made to the court within the period specified in paragraph (1)(b) but that period has expired before leave has been granted, the appeal may be lodged within 7 days after the date on which that leave was granted.”.
(11) In rule 41.21 (orders for service and answers), in paragraph (3)—
(a)
(a) after the words “to an appeal under”, insert the words “section 25(1) of the Child Support Act 1991 (appeal from Child Support Commissioner) or”; and
(b)
(b) in sub-paragraph (a), for the word “Services”, substitute the words “Security and the Chief Child Support Officer or the Chief Adjudication Officer, as the case may be”.
(12) In rule 42.111(remit to the Auditor), in paragraph (2)(a), for the words “a final interlocutor in which a finding for”, substitute the words “the final interlocutor in which a finding in respect of”.
(13) In rule 42.4 (objections to report of the Auditor), in paragraph (2)(a), for the words “the party liable in expenses”, substitute the words “any other party who appeared or was represented at the diet of taxation”.
(14) In rule 42.1312(charges for witnesses)—
(a)
(a) in paragraph (2), omit the words “or (2A)”; and
(b)
(b) in paragraph (3)—
(i) after the words “paragraph (2)”, insert the words “or (2A)”; and
(ii) for the words from “granted a motion” to the words “(b) recording”, substitute the following words:—
“, on granting a motion made for the purpose, not later than the time at which it awarded expenses—
(a) certified that the witness was a skilled witness; and
(b) recorded”.
(15) In rule 46.9 (International Oil Pollution Compensation Fund)—
(a)
(a) in paragraph (1)—
(i) for the definition of “the Act of 1974”, substitute the following definition:—
““the Act of 1995” means the Merchant Shipping Act 199513”; and
(ii) for the words “International Oil Pollution Compensation Fund referred to in section 1(1) of the Act of 1974”, substitute the words “International Fund established by the Fund Convention referred to in section 172(1)(b) of the Act of 1995”;
(b)
(b) in paragraph (2)—
(i) for the words “section 1 of the Merchant Shipping (Oil Pollution) Act 1971”, substitute the words “section 153 of the Act of 1995”; and
(ii) for the words “section 6(2) of the Act of 1974”, substitute the words “section 177(2) of that Act”;
(c)
(c) in paragraph (6), for the words “section 4 of the Act of 1974”, substitute the words “section 175 of the Act of 1995”;
(d)
(d) in paragraph (7), for the words “section 4A(3)(b) of the Act of 1974”, substitute the words “section 176(3)(b) of the Act of 1995”; and
(e)
(e) in paragraph (8), for the words “section 4A(3)(a) of the Act of 1974”, substitute the words “section 176(3)(a) of the Act of 1995”.
(16) In rule 49.8 (warrants for intimation in family actions)—
(a)
(a) in paragraph (1)—
(i) at the end of sub-paragraph (j), omit the word “and”;
(ii) at the end of sub-paragraph (k), for the full-stop, substitute “; and”; and
(iii) after sub-paragraph (k), insert the following sub-paragraph:—
“(l)
“(l) in an action where the pursuer makes an application for an order under section 8(1)(ba) of the Act of 198514(orders under section 12A of the Act of 1985 for pension lump sum), to the trustees or managers of the pension scheme, in the following terms:— “Warrant to intimate to (name and address ) as trustees [ or managers] of the pension scheme in respect of which an order is sought in the ( number ) conclusion of this summons.”.”; and
(b)
(b) in paragraph (3)—
(i) at the end of sub-paragraph (l), for the full-stop, substitute a semi-colon; and
(ii) after sub-paragraph (l), insert the following sub-paragraph:—
“(m)
“(m) under paragraph (1)(l) (orders for pension lump sums), in Form 49.8-M.”.
(17) In rule 49.23 (referral to family mediation and conciliation service)—
(a)
(a) in the heading to the rule, omit the words “and conciliation service”;
(b)
(b) omit the words “and with the consent of the parties”; and
(c)
(c) for the words “specified family mediation and conciliation service”, substitute the words “mediator accredited to a specified family mediation organisation”.
(18) In rule 49.49 (applications relating to orders for financial provision)—
(a)
(a) in paragraph (2), after the words “a motion under”, insert the words “paragraph (1) of”; and
(b)
(b) after paragraph (2), insert the following paragraph:—
“3 An application under—
(a) paragraph (5) of section 12A of the Act of 1985 (recall or variation of order in respect of a pension lump sum), or
(b) paragraph (7) of that section (variation of order in respect of pension lump sum to substitute trustees or managers),
shall be made by minute in the...
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