Act of Sederunt (Rules of Court Amendment No.5) (Miscellaneous) 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/2160 |
| Year | 1987 |
1987 No. 2160 (S.144)
COURT OF SESSION, SCOTLAND
Act of Sederunt (Rules of Court Amendment No.5) (Miscellaneous) 1987
Made 10th December 1987
Coming into force 5th January 1988
The Lords of Council and Session, under and by virtue of the powers conferred on them by section 16 of the Administration of Justice (Scotland) Act 19331and 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 Court Amendment No.5) (Miscellaneous) 1987 and shall come into force on 5th January 1988.
(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) After rule 68A (service, intimation and citation)3, insert the following section and rules:—
“SITTINGS OF THE COURT
SECTION 11.—(68B) Sessions of court
(1)
(1) There shall be three sessions of the court, namely—
(a) a winter session;
(b) a spring session; and
(c) a summer session, the dates of which shall be such as the Lord President shall direct annually.
(2)
(2) The Lord President may, if at any time he considers the business of the court so requires, direct that a session of the court shall be extended for such period as may be necessary.
(68C) Sederunt days
(1)
(1) A day on which the court sits during session under rule 68D(1) shall be a sederunt day.
(2)
(2) The Lord President may by direction provide that such days in vacation as he may specify in the direction shall be sederunt days.
(68D) Sittings during session
(1)
(1) Subject to the following paragraphs of this rule, the court shall sit on Tuesday, Wednesday, Thursday and Friday of each week during session at such times as the Lord President may direct.
(2)
(2) The court shall not sit during session—
(a) subject to paragraph (3), on such public holidays; or
(b) on such other days in exceptional circumstances, as the Lord President may direct.
(3)
(3) A Division or Lord Ordinary may sit—
(a) on a Monday where it is considered necessary to hear and determine a cause; or
(b) on a Saturday, Sunday or public holiday to hear and determine a matter of urgency.
(68E) Sittings during vacation
(1)
(1) During vacation one or more of the judges of the court, other than the Lord President and the Lord Justice Clerk, shall act from time to time as vacation judge sitting in court or in chambers.
(2)
(2) A vacation judge shall deal with the business of the vacation judge under rule 1 on such days and at such times as may be convenient, subject to any direction of the Lord President.
(3)
(3) A Division or Lord Ordinary may sit during vacation, whether or not on a sederunt day, to conclude a hearing commenced in session.
(4)
(4) A Division may sit during vacation, whether or not on a sederunt day, to hear and determine urgent Inner House business which cannot competently be heard and determined by the vacation judge.
(68F) Lord Ordinary in exchequer causes
The Lord Ordinary in exchequer causes may hear and determine an exchequer cause whether during a session of the court or in vacation.
(68G) Exercise of powers of Lord President by Lord Justice Clerk
In the absence of the Lord President, the Lord Justice Clerk may exercise a power conferred on the Lord President in this section to make directions.”.
(3) In rule 89(ac) (decree in absence)4—
(a)
(a) after the words “court and”, insert the words “, in a cause to which the Civil Jurisdiction and Judgments Act 19825applies,”
(b)
(b) for the words “sections 41 to 46 to the Civil Jurisdiction and Judgments Act 1982”, substitute the words “the provisions of that Act”.
(4) In rule 90 (making up record)6, omit paragraph (6).
(5) In rule 189 (Outer House petitions)—
(a)
(a) for head (xxiv)7, substitute the following head:—
“(xxiv)
“(xxiv) Petitions under the Adoption (Scotland) Act 19788;”
(b)
(b) after head (xxix)9, insert the following heads:—
“(xxx)
“(xxx) Applications under section 27 of the Civil Jurisdiction and Judgments Act 1982;
(xxxi)
(xxxi) Applications under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 198510, which shall be by petition where rectification of a document is not to be sought with other remedies in a cause initiated by summons;
(xxxii)
(xxxii) Petitions for judicial review;
(xxxiii)
(xxxiii) Petitions under the Child Abduction and Custody Act 198511;
(xxxiv)
(xxxiv) Petitions under the Financial Services act 198612;
(xxxv)
(xxxv) Petitions under section 6(3) of the Law Reform (Parent and Child) (Scotland) Act 198613;
(xxxvi)
(xxxvi) Applications under section 48, 49 or 93 of the Banking Act 198714;”.
(6) In rule 197(e) (unopposed petitions)15—
(a)
(a) after the words “court and”, insert the words “, in a cause to which the Civil Jurisdiction and Judgments Act 1982 applies,”; and
(b)
(b) for the words “sections 41 to 46 of the Civil Jurisdiction Act 1982”, substitute the words “the provisions of that Act”.
(7) In rule 230(4)(a) (opening of sealed confidential envelope)16, after the word “refers”, insert the words, “or to a solicitor, local authority or adoption agency authorised in writing by the adopted person to obtain information from the process”.
(8) After rule 260L (general provisions in applications under the Child Abduction and Custody Act 1985)17, insert the following section and rules:—
“CAUSES UNDER THE FINANCIAL SERVICES ACT 1986
SECTION 18.—(260M) Interpretation
In this section, “the Act of 1986” means the Financial Services Act 1986.
(260N) Causes under the Financial Services Act 1986
(1)
(1) An application by virtue of any of the following provisions of the Financial...
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