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

S.S.I. 2005/20 · made 18 January 2005

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

Made under: Sheriff Courts (Scotland) Act 1971 (Section 32)

PDFs: Printed copy https://openlegislation.uk/act-of-sederunt-ordinary-cause-rules-amendment-caution-and-security-2005/pdf/ssi_20050020_en.pdf

## Introductory text

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 1971 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:

## 1 Citation 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.

## 2 Amendment of the Ordinary Cause Rules

(1) The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 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 2000”.
(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.

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Source: https://www.legislation.gov.uk/ssi/2005/20 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-ordinary-cause-rules-amendment-caution-and-security-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.