New court rules to make provision in consequence of the coming into force of the Land Registration etc. (Scotland) Act 2012 are due to come into effect.

The Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 2) (Miscellaneous) 2014, which makes provision about a number of matters relating to land registration, was made on 05 November 2014 and comes into force on 08 December 2014.

It inserts new chapters into the Rules of the Court of Session and the Ordinary Cause Rules, which prescribe the procedure to be followed in relation to caveats, the form of decree of reduction, and the form of an order for rectification.

The Act of Sederunt amends the Rules of the Court of Session, the Ordinary Cause Rules, the Summary Cause Rules and the Small Claim Rules in respect of recalls of inhibitions on the dependence. The amendments provide that certain information about the inhibition must be specified in the motion or incidental application for recall.

It also amends the Rules of the Court of Session in relation to the withdrawal of actions from the Commercial Roll, giving the commercial judge a new power to withdraw an action where the judge is satisfied that it is not appropriate for it remain on that roll.

Read the Act of Sederunt here.