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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  • Serious Crime Prevention Orders

    Oct 25, 2016
    The Act of Sederunt (Rules of the Court of Session 1994 and Summary Application Rules 1999 Amendment) (Serious Crime Prevention Orders etc.) 2016 extends the availability of Serious Crime Prevention Orders so that they can be made in Scotland.
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  • Changes under postal services act

    Oct 25, 2016
    The Act of Sederunt (Rules of the Court of Session1994 Amendment) (Postal Administration) 2016 results from legislative changes under the Postal Services Act 2011.
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  • Simple procedure implementation

    Oct 21, 2016
    The Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 is part of the implementation programme for simple procedure and comes into force on the same day, 28 November 2016, as the relevant parts of the Courts Reform (Scotland) Act 2016 and the simple procedure rules.
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  • New Bankruptcy Rules

    Oct 06, 2016
    Two new bankruptcy Rules have been made.
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  • Lay representation for non natural persons

    Sep 22, 2016
    The Act of Sederunt makes provision regarding the lay representation of non-natural persons (for example a company) in civil proceedings in the Court of Session, the Sheriff Appeal Court and the sheriff court, and partly implements Chapter 4 (lay representation for non-natural persons) of the Courts Reform (Scotland) Act 2014.
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  • Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 3) (Miscellaneous) 2016

    Sep 06, 2016
    Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 3) (Miscellaneous) 2016 makes changes to the Ordinary Cause Rules to make it clear that, when a family or civil partnership action is intimated to a child who is not a party to the proceedings, a copy of the initial writ must not be sent to the child. It also amends other rules of court in relation to the form of charge for payment, applications for liability orders and recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility.
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  • Court reforms amendments

    Aug 18, 2016
    New Rules have been made in relation to ongoing court reforms. The Rules, which come into force on 28 November, 2016, deal with changes to sections 87, 100 and 101 of the Courts Reform (Scotland) Act 2014.
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  • New compulsory Pre-Action Protocol

    Jul 25, 2016
    The Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016 introduces a new chapter into both the Ordinary Cause Rules (Chapter 3A) and the Summary Cause Rules (Chapter 4A) requiring parties to a prospective action of damages for personal injury to comply with a compulsory protocol prior to commencing proceedings.
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  • Sheriff Appeal Court rules

    Jun 23, 2016
    The main content of this miscellaneous Act of Sederunt are amendments to the Act of Sederunt (Sheriff Appeal Court Rules) 2015, which have been made by the Council following feedback on the operation of the Sheriff Appeal Court since it was established on 1 January 2016. It also contains minor and consequential amendments to various other sheriff court rules as a result of these procedural changes within the Sheriff Appeal Court.
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  • New Simple Procedure

    Jun 13, 2016
    The Act of Sederunt (Simple Procedure) 2016 provides rules of court, forms and a set of standard orders for the simple procedure which will replace the small claims procedure for cases which have a value of £5,000 or less in the sheriff court.
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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