Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 2012
| Jurisdiction | Scotland |
| Citation | SSI 2012/126 |
| Year | 2012 |
2012 No. 126
Court Of Session
Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 2012
Made 24th April 2012
Laid before the Scottish Parliament 26th April 2012
Coming into force 28th May 2012
The Lords of Council and Session, under and by virtue of the powers conferred 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, commencement etc.
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 2012 and comes into force on 28th May 2012.
(2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
(3) In this Act of Sederunt, “the Rules” means the Rules of the Court of Session 19942.
Disposals under petition procedure
2.—(1) The Rules are amended in accordance with the following subparagraph.
(2) After rule 14.9 (unopposed petitions), insert—
“Disposals in petitions
14.10.—(1) The court may make such order to dispose of a petition as it thinks fit, whether or not such order was sought in the petition.
(2) An order referred to in paragraph (1) is any order that could be made if sought in any action or petition.”.
Actions based on clinical negligence
3.—(1) The Rules are amended in accordance with the following subparagraph.
(2) In rule 43.1A (actions based on clinical negligence)3, in paragraph (6), for “The” substitute “Rules 43.11 (applications for interim payments of damages)4, 43.12 (adjustment on final decree)5and 43.13 (applications for further damages)6shall apply, but the”.
Applications for judicial review
4.—(1) The Rules are amended in accordance with the following subparagraph.
(2) In the Appendix, in Form 58.6 (form of petition in application for judicial review)7, in paragraph 1, for “,title and interest” substitute “and standing”.
Applications for parental orders under the Human Fertilisation and Embryology Act 2008
5.—(1) The Rules are amended in accordance with the following subparagraph.
(2) In the Appendix, in Form 97.3 (form of petition for parental order under section 54 of the Human Fertilisation and Embryology Act 2008)8, in paragraph 7, for “other than the female petitioner” substitute “who is not one of the petitioners”.
A.C. HAMILTON
Lord President
I.P.D.
Edinburgh
24th April 2012
EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)
This Act of Sederunt makes amendments to the Rules of the Court...
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