New miscellaneous instrument

Dec 15, 2016

2016 No. 384 Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 5) (Miscellaneous) 2016 was made on 23 November 2016 and will come into force on 24 December 2016. These rules have been developed in response to policy requests from the Office of the Advocate General (OAG) and the Scottish Courts and Tribunals Service (SCTS).

The request from the OAG notes that changes to the Company Directors Disqualification Act 1986 and the Insolvency Act 1986 (IA 1986) now require consequential amendments to be made to rules of court in order to make provision for new types of court order available under the IA 1986. In addition, the Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 2016 have replaced the previous rules and so consequential amendments require to be made to the rules of court to ensure that all statutory references are up to date.

This instrument also amends the form of jury precept in the Rules of the Court of Session. The amendment to Form 37.2-A increases the number of jurors to be summoned from 36 people to 50 and will enable the SCTS to carry out the process of citing jurors more effectively.



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