Amendments to Court of Session and Sheriff Court rules

Feb 23, 2016

The Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2016 comes into force on 21st March 2016. 

Rule 4.7 is amended to reduce the number of copy documents that must be lodged in process and the number of copies that must be provided to other parties. Similarly, rules 41.14, 41.48 and 41.50 are amended to reduce the number of copy documents referred to in those rules.

Rule 38.2(5)(g) is amended to remove an interlocutor refusing a sist from the list of interlocutors that may be reclaimed against without leave.

The Rules of the Court of Session 1994 are also amended in order to allow Form 40.2 (form of application for leave to appeal) and Form 41A.2 (form of application for permission to appeal to the Supreme Court) to be signed by an applicant or a solicitor rather than by counsel.

Form 41.52C (form of notice of intention to pursue application or appeal under the Nationality, Immigration and Asylum Act 2002) is revoked because it is no longer used. It was introduced by rule 41.52C, which was revoked by the Act of Sederunt (Rules of the Court of Session Amendment No.5) (Causes in the Inner House) 2011.

This Act of Sederunt also amends the Ordinary Cause Rules 1993 to make provision concerning the appointment of Child Welfare Reporters and local authorities to assist the court in relation to child welfare issues in civil partnership actions. The provision made replicates the provision previously made in relation to family actions by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Child Welfare Reporters) 2015.

Rule 49.22(10) of the Rules of the Court of Session 1994 is also amended to ensure consistency with the corresponding provision in the Ordinary Cause Rules.

Paragraph 4 of this Act of Sederunt makes a number of minor corrections to Part 46 (Counter-Terrorism and Security Act 2015) of Chapter 3 of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc.) 1999.

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