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Act of Sederunt (Ordinary Cause Rules) Amendment (Caution and Security) 2005

S.S.I. 2005/20 · Made 18 January 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SHERIFF COURT

Made 18th January 2005

Coming into force 1st February 2005

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

Annotations to the whole text

Footnotes

f1

1971 c. 58. Section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4), the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2), the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 13 and the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43 and was extended by the Child Support Act 1991 (c. 48), sections 39(2) and 49.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Ordinary Cause Rules
  3. Signature
  4. Explanatory note

1Citation and commencement

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules) Amendment (Caution and Security) 2005, and shall come into force on 1st February 2005.

(2)

This Act of Sederunt shall be inserted in the Books of Sederunt.

2Amendment of the Ordinary Cause Rules

(1)

The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907f1 are amended in accordance with sub paragraphs (2) and (3).

(2)

In rule 27.5 (cautioners and guarantors) for the words from “obtained” to the end substitute “shall be given only by a person who is an ‘authorised person’ within the meaning of section 31 of the Financial Services and Markets Act 2000f2”.

(3)

In rule 27.6(2) (form of bonds of caution and other securities) for the words from “by” to the end substitute “by a person shall state whether that person is an ‘authorised person’ within the meaning of section 31 of the Financial Services and Markets Act 2000”.

Signature

Cullen of Whitekirk

Lord President I.P.D.

Edinburgh

18th January 2005

Explanatory note

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

This Act of Sederunt amends Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (“the Ordinary Cause Rules”).

Article 2(2) amends rule 27.5 of the Ordinary Cause Rules to provide that a bond of caution or other security may be given only by a person authorised in terms of section 31 of the Financial Services and Markets Act 2000.

Article 2(3) amends rule 27.6(2) of the Ordinary Cause Rules to require a bond of caution or other security document to state whether it is given by a person so authorised.