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Rule 18.4 Methods of finding caution or giving securityF1I1

Scotland

(1)

A person who is ordered to find caution must do so by obtaining a bond of caution.

(2)

A person who is ordered to consign a sum of money into court must do so by consignation under the Sheriff Courts Consignations (Scotland) Act 1893f1 in the name of the Clerk.

(3)

The Court may order a person to give security by—

(a)

a method other than those mentioned in paragraphs (1) and (2);

(b)

a combination of two or more methods of security.

(4)

Any document by which an order to find caution or give security is satisfied must be lodged in process.

(5)

A document lodged under paragraph (4) may not be borrowed from process.

Annotations

Textual amendments

F1

Rules revoked (with saving in rule 34.3) (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.1 (with rules 1.2, 34.3)

Commencement

I1

Rule 18.4 in force at 1.1.2016, see rule 1.1(2)

Footnotes

f1

1893 c. 44, amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42), section 6(2); the Sheriff Courts (Scotland) Act 1971 (c. 58), section 4 and Schedule 1, paragraph 1; the Statute Law (Repeals) Act 1986, Schedule 1, Part 1, Group 4 and Schedule 2, paragraph 1; and S.I. 1974/1274, article 3(4) and Schedule 1. The Act is prospectively applied to the Sheriff Appeal Court by S.S.I. 2015/xxxx, Schedule, paragraph 1.