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Act of Sederunt (Judicial Factors Rules) (Amendment) 1994

S.I. 1994/2354 · Made 6 September 1994

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SHERIFF COURT, SCOTLAND

Made 6th September 1994

Coming into force 1st October 1994

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Judicial Factors (Scotland) Act 1880f1, section 32 of the Sheriff Courts (Scotland) Act 1971f2 and of all other powers enabling them in that behalf, having approved with modifications draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

Annotations to the whole text

Footnotes

f1

1880 c. 4.

f2

1971 c. 58.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Act of Sederunt (Judicial Factors Rules) 1992
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation and commencement

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Judicial Factors Rules) (Amendment) 1994 and shall come into force on 1st October 1994.

2Amendment of the Act of Sederunt (Judicial Factors Rules) 1992

(1)

The Act of Sederunt (Judicial Factors Rules) 1992f1 shall be amended in accordance with the following sub-paragraphs.

(2)

In rule 6 (intimation and service)—

(a)

in paragraph (1)(a), for the words “a copy of the application” substitute the words “a notice in Form 7”; and

(b)

after paragraph (2), insert the following paragraph:—

“(3)

Before the first order in an application is pronounced, a copy of the application shall be lodged with the sheriff clerk, who may provide any interested party with further details of the application.”.

(3)

In the Schedule, after Form 6, insert the form set out in the Schedule to this Act of Sederunt.

Signature

J A D Hope

Lord President, IPD

Edinburgh

6th September 1994

FORM 7

FORM OF NOTICE TO BE INTIMATED ON WALLS OF COURT

Rule 6(1)

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt substitutes, for the requirement in rule 6(1) of the Act of Sederunt (Judicial Factors Rules) 1992 for the first order in an application to provide for intimation of a copy of the application by display on the walls of court, the requirement to lodge a copy of the application with the sheriff clerk and intimation of a notice of the application only. It also provides the form of the notice.