Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021
Feb 17, 2021
This Act of Sederunt comes in to force on 01 March 2021 and amends various Forms in the appendices of the Rules of the Court of Session 1994 and the Ordinary Cause Rules 1993. The Forms, which are simplified divorce and dissolution of civil partnership applications, are amended in consequence of the United Kingdom’s withdrawal from the European Union. Under the Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104) the jurisdiction of the Court of Session and sheriff courts in these court actions has been brought back to the position before there was EU provision in this area. Necessary consequential amendments are made to the Forms by this Act of Sederunt. 

This Act of Sederunt also amends rule 49.91 of the Rules of the Court of Session 1994 and rule 33.96 of the Ordinary Cause Rules 1993 to make minor provision in relation to actions for declarator of recognition, or non-recognition, of certain foreign decrees in consequence of European Union withdrawal. The rules, as amended, apply to such actions concerning decrees of divorce, nullity or separation in respect of an opposite sex marriage or a same sex marriage. 

Paragraph 3(2) removes a reference to Council Regulation (E.C.) No. 2201/2003 of 27th November 2003 concerning the jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility from rule 33.2 of the Ordinary Cause Rules. Saving and transitional provision is made by paragraph 4 of this Act of Sederunt in relation to that amendment. 

Minor amendments, unconnected to European Union withdrawal, are made to the Forms to provide that references to “General Register Office” and “General Register Office (Scotland)” are substituted with “National Records of Scotland”.

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Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) 2021
Jan 20, 2021
This Act of Sederunt  provides for a change to Chapter 58 of the Rules of the Court of Session (Judicial Review) by extending the period a case can be sisted for a legal aid application from 28 days to two months at a time. 

The instrument also amends Chapter 49 of the Rules of the Court of Session by providing that the last date for amendment is now 56 days before the proof, and lists of witnesses and inventories of productions should be lodged with the Court 56 days before the diet of proof.

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Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit)) (Amendment) 2020 
Jan 07, 2021
This Act of Sederunt amends the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Court of Session) 2019 (S.S.I. 2019/328) and the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Sheriff Appeal Court and Sheriff Court) 2019 (S.S.I. 2019/329) (“the two Principal Instruments”). 

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Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020
Dec 21, 2020
This Act of Sederunt was made by the court on 17 December and comes into force in accordance with article 1(2). It amends the Rules of the Court of Session 1994 (the “RCS”), the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986 (the “1986 Rules”) and the Act of Sederunt (Fatal Accident Inquiry Rules) 2017 (the “2017 Rules”). It comes into force on IP completion day. The amendments made to Chapter 74 of the RCS, the 1986 Rules and the 2017 Rules are in consequence of the United Kingdom’s withdrawal from the European Union. 

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  • Illegal working compliance order applications

    Nov 13, 2017
    This Act of Sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999. It makes provision for applications connected to illegal working compliance orders under the Immigration Act 2016 (c.19) to be made by minute in the process of the original order, and comes into force on 1 December 2017.
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  • Applications for expenses out of the Legal Aid Fund

    Oct 17, 2017
    The Act of Sederunt (Civil Legal Aid Rules Amendment) 2017 amends the Act of Sederunt (Civil Legal Aid Rules) 1987 in relation to applications under section 19(1) of the Legal Aid (Scotland) Act 1986. It comes into force on 13 November 2017.
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  • Case management & other provisions

    Jul 13, 2017
    Act of Sederunt (Rules of the Court of Session 1994 and Summary Application Rules 1999 Amendment) (Miscellaneous) 2017 amends Chapter 49 of the Rules of the Court of Session 1994 and comes into force on 18 September.
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  • Trafficking & Exploitation Order

    Jun 21, 2017
    This Act of Sederunt (Summary Application Rules 1999 Amendment) (Trafficking and Exploitation Orders) 2017) amends the current Summary Applications, Statutory Applications and Appeals etc. Rules 1999 in consequence of the Human Trafficking and Exploitation (Scotland) Act 2015 (‘the 2015 Act’). The rules relating to TEPOs in the Act of Sederunt will come into force on 30 June 2017 and the rules relating to TEROs will come into force on 31 October 2017.
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  • Insolvency Proceedings

    Jun 19, 2017
    This Act of Sederunt amends the Sheriff Court Bankruptcy Rules 2016, the Rules of the Court of Session 1994, the Judicial Factors Rules 1992 and the Sheriff Court Company Insolvency Rules 1986 to replace references to Regulation (EC) 1346/2000 of 29 May 2000 on insolvency proceedings. It comes into force on 26 June 2017.
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  • EU Damages Directive & Competition Act

    Jun 19, 2017
    The Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Competition Proceedings) 2017 amends various court rules in consequence of recent amendments to the Competition Act 1998 made by the Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017. It came into force on 26 May 2017.
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  • Agents withdrawal & Judicial Review Rules

    Jun 15, 2017
    This Act of Sederunt amends chapter 30 (withdrawal of agents) of the Rules of the Court of Session (“Rules”) to place additional requirements on agents who withdraw from acting and to allow the Court, on its own initiative, to ordain the party whose agent has withdrawn from acting to intimate whether they intend to proceed. It comes into force on 17 July 2017.
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  • European Small Claims Procedure

    Jun 08, 2017
    Act of Sederunt (Sheriff Court Rules Amendment) (European Small Claims Procedure and European Order for Payment Procedure) 2017, will come into force on 14 July 2017.
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  • Lay Representation Rules

    Jun 08, 2017
    This Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017) amends the current Court of Session, Sheriff Appeal Court, Ordinary Cause. Summary Cause and Summary Application Rules. It comes into force on 3 July 2017.
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  • Rules for Simple Procedure & FAI

    May 23, 2017
    This Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2017, amends the Act of Sederunt (Simple Procedure) 2016 (‘the Simple Procedure Rules”) and the Act of Sederunt (Fatal Accident Inquiry Rules) 2017 (“the FAI Rules”).
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Providing Feedback

The SCJC welcomes feedback on any aspect of court rules.

Please email your comments to the Secretariat scjc@scotcourts.gov.uk