# Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004, Article 4: Amendment of Summary Cause Rules


(1) The Act of Sederunt (Summary Cause Rules) 2002 is amended in accordance with paragraphs (2) to (5).
(2) In rule 4.4 (authentication and effect of summons)–
(a) at the end of paragraph (1)(c), insert–
“; or
(d) a warrant for arrestment on the dependence, or to found jurisdiction, is sought”;
(b) in paragraph (2), for “, (b) or (c)” substitute “to (d)”; and
(c) after paragraph (3), insert–
“(4) Where a warrant for arrestment on the dependence, or to found jurisdiction, is sought, averments to justify that warrant must be included in the statement of claim.”.
(3) In rule 5.7 (service on persons outwith Scotland)–
(a) for paragraph (4), substitute–
“(4) If the document requires to be served in a country to which the Council Regulation applies, service–
(a) may be effected by the methods prescribed in paragraph (3)(b) or (c) only in exceptional circumstances; and
(b) is effected only if the receiving agency has informed the person that acceptance of service may be refused on the ground that the document has not been translated in accordance with paragraph (12).”;
(b) in paragraph (12), omit from “an official language” to the end of that paragraph and insert on a new line–
“(a) an official language of the country in which service is to be executed; or
(b) in a country to which the Council Regulation applies, a language of the member state of transmission that is understood by the person on whom service is being executed.”; and
(c) after paragraph (13), insert–
“(14) In this rule “the Council Regulation” means Council Regulation (EC) No. 1348/2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.”.
(4) In rule 10.1 (counterclaim)–
(a) in paragraph (4), omit from “and” where it first occurs to the end;
(b) after paragraph (4), insert–
“(4A) Where an application under paragraph (3) is made–
(a) the counterclaim must include averments to justify the grant of the warrant sought; and
(b) the sheriff may grant the application if he thinks it appropriate.
(4B) If the sheriff grants an application under paragraph (3), then the sheriff shall add to the counterclaim the words “Warrant granted as craved”, and authenticate the counterclaim in an appropriate manner.”.
(5) In rule 11.3 (warrants for diligence in a third party notice), after paragraph (1) insert–
“(1A) On an application under paragraph (1) being made–
(a) the sheriff may grant the application if he thinks it appropriate; and
(b) the sheriff shall not grant the application unless averments to justify the warrant sought have been made.”.

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Source: https://www.legislation.gov.uk/ssi/2004/197/article/4 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-ordinary-cause-summary-application-summary-cause-and-small-claim-rules-amendment-miscellaneous-2004/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.