{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-17",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-17.json",
  "legislation": "ssi/2016/200",
  "legislation_title": "Act of Sederunt (Simple Procedure) 2016",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016",
  "path": "schedule/1/part/17",
  "kind": "part",
  "number": "17: Miscellaneous matters",
  "heading": null,
  "text": "17.1\nWhat is this Part about?\n(1)\nThis Part is about some miscellaneous matters which can arise during a case.\n17.2\nHow can a case be transferred out of the simple procedure?\n(1)\nWhere a sheriff orders that a case should no longer proceed subject to these rules, that order must identify the procedure under which the case is to continue.\n(2)\nIf the sheriff orders that the case should proceed as an ordinary cause, the sheriff must also order three things:\n(a)\nthat the claimant must lodge an initial writ and intimate it to every other party within 2 weeks from the date of the order,\n(b)\nthat the respondent must lodge defences within 4 weeks from the date of the order, and\n(c)\nthat an options hearing is to be held on the first suitable court day occurring not sooner than 10 weeks (or such lesser period as the sheriff considers appropriate) after the last date for lodging the initial writ.\n(3)\nIf the sheriff orders that the case should proceed as an ordinary cause the sheriff may also certify in the order that the importance or difficulty of the proceedings makes it appropriate to transfer the case to the Sheriff Personal Injury Court.\n17.3\nHow can the sheriff make a reference to the Court of Justice of the European Union?\n(1)\nIf a question of EU law arises in a case, the sheriff may refer that question to the Court of Justice of the European Union using the CJEU Reference Form.\n(2)\nThe sheriff may decide to do this when asked to by a party, or without being asked.\n(3)\nThe sheriff must draft the reference within 4 weeks of deciding to do so.\n(4)\nOnce a reference has been drafted, the sheriff clerk must send a copy to the parties.\n(5)\nOnce the draft reference has been sent to the parties, each party has 4 weeks to send suggested amendments of that reference to the sheriff.\n(6)\nOnce that 4 weeks has passed, the sheriff has 2 weeks to consider any suggested amendments.\n(7)\nAt the end of that period of 2 weeks, the sheriff must finalise and sign the reference.\n(8)\nThe sheriff clerk must transmit the reference to the Court of Justice of the European Union and inform parties that the reference has been made.\n17.4\nHow can a statutory intervener intervene?\n(1)\nA statutory intervener may apply to the sheriff to intervene in a case by sending to the court and to the parties an Application to Intervene.\n(2)\nThe Application to Intervene must set out the reasons for the proposed intervention, the issues which the intervention would address, and the reasons why the intervention would assist the sheriff.\n(3)\nThe sheriff may grant the application with or without a discussion, but there must be a discussion if a party asks for one.\n(4)\nThe sheriff may grant the Application to Intervene only if satisfied that:\n(a)\nthe case has a relevant connection to one of the functions of the statutory intervener,\n(b)\nthe intervention is likely to assist the sheriff, and\n(c)\nthe intervention will not unduly delay or otherwise prejudice the interests of the parties, including their liability for expenses.\n(5)\nThe sheriff may impose conditions on the intervention.\n(6)\nThe sheriff may invite the statutory intervener to intervene in a simple procedure case by sending to the statutory intervener and to all parties an Invitation to Intervene.\n(7)\nAn Invitation to Intervene must be accompanied by a copy of the Claim Form and the Response Form, and any other documents relevant to the reasons for the proposed intervention.\n(8)\nThe sheriff may impose conditions on an intervention when making an invitation.\n17.5\nWhat can a statutory intervener do in an intervention?\n(1)\nAn intervention is a written submission of 5,000 words or less (including any appendices).\n(2)\nA copy of the intervention must be sent to all parties.\n(3)\nIn exceptional circumstances, the sheriff may allow a longer written submission or an oral submission.\nManagement of damages\n17.6\nWhen is a damages management order available?\n(1)\nDamages management orders are available:\n(a)\nwhere a claimant who is under a legal disability asks for the payment of a sum of money as damages,\n(b)\nwhere another person makes a claim on behalf of a person who is under a legal disability asking for the payment of a sum of money as damages.\n(2)\nIn either case, a damages management order is only available if the person who is under a legal disability is 16 years of age or older.\n17.7\nWhen must the sheriff make a damages management order?\n(1)\nThe sheriff must make a damages management order if the sheriff orders the respondent to pay the claimant a sum of money as damages.\n(2)\nThe sheriff must also make a damages management order if the claimant accepts an offer from the respondent to pay a sum of money as damages to settle the claim.\n17.8\nWhat can the sheriff do in a damages management order?\n(1)\nThe sheriff must make an order about how the money is to be paid to and managed for the person under a legal disability.\n(2)\nThe sheriff may order the money to be paid to different people to be managed for the benefit of the person under a legal disability.\n(3)\nThe sheriff may order the money to be paid to:\n(a)\nthe Accountant of Court,\n(b)\nthe sheriff clerk, or\n(c)\nthe guardian of the person who is under a legal disability.\n(4)\nAlternatively, the sheriff may decide that the person under a legal disability is capable of managing the money and order that the money is paid directly to that person.\n(5)\nWhere the sheriff orders the money to be paid to the sheriff clerk or a guardian, the sheriff may also tell that person how to manage the money for the benefit of the person under a legal disability.\n17.9\nHow can the damages management order be changed?\n(1)\nAn interested person can ask the sheriff to change the damages management order by sending an Application to Change a Damages Management Order to the court and every party.\n(2)\nIf a person who has been sent the Application to Change a Damages Management Order objects to the proposed orders, that person must send that Application to Change a Damages Management Order to the court within 10 days of it being sent, setting out that objection.\n(3)\nAfter considering the Application to Change a Damages Management Order, and any objection that may have been sent, the sheriff may ...:\n(a)\ngrant the application, and send written orders to the parties and the interested person,\n(b)\nrefuse the application,\n(c)\norder the parties and the interested person to appear at a discussion in court, where the sheriff will consider whether to make any orders.\n17.10\nHow can further instructions about managing the money be given?\n(1)\nAn interested person can also ask the sheriff to tell the sheriff clerk or a guardian how to manage the money by sending an Application for Instructions about a Damages Management Order to the court and every party.\n(2)\nIf a guardian is managing the money, the Application for Instructions about a Damages Management Order must also be sent to the guardian.\n(3)\nIf a person who has been sent the Application for Instructions about a Damages Management Order, objects to the proposed instructions, that person must send that Application for Instructions about a Damages Management Order to the court within 10 days of it being sent, with a note setting out that objection.\n(4)\nAfter considering the Application for Instructions about a Damages Management Order, and any objection that may have been sent, the sheriff may ...:\n(a)\ngrant the application, and send further instructions to the parties, the interested person and the sheriff clerk or guardian,\n(b)\nrefuse the application,\n(c)\norder the parties, the interested person and the guardian (if there is one) to appear at a discussion in court, where the sheriff will consider whether to give further instructions.\n17.11\nWhen can someone apply for a child's property administration order?\n(1)\nA person may ask the sheriff to make a child's property administration order in any simple procedure case where the sheriff has made an order under section 13 of the Children (Scotland) Act 1995 (section 13 is about the payment and management of money to (or for the benefit of) a child).\n17.12\nHow can someone apply for a child's property administration order?\n(1)\nA person can ask the sheriff to make a child's property administration order by sending an Application for a Child's Property Administration Order to the court and every party.\n(2)\nIf a person who has been sent the Application for a Child's Property Administration Order objects to the proposed orders, that person must send that Application for a Child's Property Administration Order to the court within 10 days of it being sent, setting out that objection.\n(3)\nAfter considering the Application for a Child's Property Administration Order, and any objection that may have been sent, the sheriff may ...:\n(a)\ngrant the application, and send written orders to the parties and the applicant,\n(b)\nrefuse the application,\n(c)\norder the parties and the applicant to appear at a discussion in court, where the sheriff will consider whether to make any orders.\nThe Equality Act 2010\n17.13\nWhat is an Equality Act 2010 claim?\n(1)\nAn Equality Act 2010 claim is a claim made under section 114(1) of the Equality Act 2010 (section 114 is about claims related to the provision of services, the exercise of public functions, the disposal and management of premises, education (other than in relation to disability), and associations).\n17.14\nHow can the Commission for Equality and Human Rights (“the CEHR”) be notified of an Equality Act 2010 claim?\n(1)\nThe claimant must send a copy of the Claim Form in an Equality Act 2010 claim to the CEHR.\n17.15\nHow can an Equality Act 2010 claim be transferred to the Employment Tribunal?\n(1)\nThe sheriff may order an Equality Act 2010 claim to be transferred to the Employment Tribunal.\n(2)\nThe sheriff must state in that order the reasons for making it.\n(3)\nThat order may include an order about expenses.\n(4)\nWhen the sheriff makes that order, the sheriff clerk must transmit, within one week of the order, the following things to the Employment Tribunal:\n(a)\nthe Claim Form,\n(b)\nthe Response Form,\n(c)\nany written orders, and\n(d)\nany other document the sheriff orders to be transmitted.\n17.16\nHow can an Employment Tribunal case be transferred to simple procedure?\n(1)\nWhen proceedings are transferred to simple procedure from the Employment Tribunal under section 140(3) of the Equality Act 2010, the sheriff clerk must register those proceedings as a claim.\n(2)\nThe sheriff must, within 2 weeks of the claim being registered, order a case management discussion.\n17.17\nWhat if a question of national security arises in an Equality Act 2010 claim?\n(1)\nWhere the sheriff considers it expedient in the interests of national security, the sheriff may order any of the following persons to be excluded from any or all hearings, case management discussions or discussions in court of an Equality Act 2010 claim:\n(a)\nthe claimant,\n(b)\nthe claimant's representative,\n(c)\nthe claimant's courtroom supporter.\n(2)\nThat order may allow an excluded claimant or representative to send a written statement to the court before the case (or part of the case) from which they have been excluded.\n(3)\nWhen the sheriff makes an order excluding persons, the sheriff clerk must send a copy of the order to the Advocate General for Scotland.\n(4)\nWhere the sheriff considers it expedient in the interests of national security, the sheriff may take any steps or make any order required to keep secret any or all of the reasons for the sheriff's decision in an Equality Act 2010 claim.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 rule 17.4 heading substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 7(3)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in sch. 1 rule 17.4(1) substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 7(3)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in sch. 1 rule 17.4(4)(a) substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 7(3)(c)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in sch. 1 rule 17.4(6) substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 7(3)(d)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Sch. 1 rule 17.5 heading substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 7(4)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in sch. 1 rule 17.9(3) omitted (31.5.2023) by virtue of Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(bb) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in sch. 1 rule 17.10(4) omitted (31.5.2023) by virtue of Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(bb) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in sch. 1 rule 17.12(3) omitted (31.5.2023) by virtue of Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(bb) (with para. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/17",
    "retrieved_at": "2026-10-28T21:23:36.581509+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}