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”).

Since the commencement of Simple Procedure Rules in November 2016, the Council’s Secretariat has liaised with officials from the Scottish Courts and Tribunals Service with a view to ensuring the rules can operate effectively in the courts. The Council has also received feedback on the Rules from the Society of Messengers at Arms and Sheriff Officers, and Citizens Advice Scotland. This feedback has been considered in detail and amendments have been made to improve and clarify the Rules 

The Simple Procedure Rules are amended as follows:

  • the Decision Form (Form 13A) is amended and requires the sheriff clerk to set out the date of the decision
  • the Form of Charge used in Simple Procedure cases is amended to align it with the Form of Charge prescribed in all other civil proceedings under schedule 1 of the Act of Sederunt (Form of Charge for Payment) 1988
  • Rule 15.3 is amended and provides (per section 7(1) of the Sheriff Courts (Scotland) Extracts Act 1892), that service of a charge is required  prior to enforcing a decision by: (i) an earnings arrestment; (ii) a money attachment; or (iii) the attachment of articles.

In terms of the Fatal Accident Inquiry Rules, the Delegated Powers and Law Reform Committee of the Scottish Parliament raised a number of minor drafting issues with the new rules, which come into force on 15 June 2017. This Instrument makes these various minor amendments prior to commencement of the Rules to ensure that they operate as intended.

The Act of Sederunt will come into force on 15 June 2017.


Providing Feedback

The SCJC welcomes feedback on any aspect of court rules.

Please email your comments to the Secretariat