{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-20",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-20.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/20",
  "kind": "part",
  "number": "20: Provisional orders",
  "heading": null,
  "text": "20.1\nWhat is this Part about?\n(1)\nThis Part is about provisional orders which protect or secure the claimant's position before the sheriff makes a final decision in a case.\n20.2\nWhen can a claimant ask for provisional orders to be made?\n(1)\nThe claimant may apply for provisional orders to be made by completing a Provisional Orders Application and sending it to the sheriff court with the Claim Form.\n(2)\nThe claimant may also apply for provisional orders at any time before the sheriff makes a final decision in a case by completing a Provisional Orders Application and sending it to the sheriff court.\n(3)\nThe claimant must also send the Provisional Orders Application to the respondent and any interested person, unless the claimant has asked the court to make the provisional orders without holding a provisional orders hearing.\n20.3\nWhat happens when the court receives a Provisional Orders Application?\n(1)\nThe next steps depend on whether the claimant has asked the court to grant the Provisional Orders Application with or without holding a hearing.\n(2)\nIf the claimant has asked the court to hold a hearing, before deciding whether to grant the Provisional Orders Application, the sheriff must—\n(a)\nsend the claimant notice of when and where the hearing is to be held, and\n(b)\norder the claimant to tell the respondent and any interested person when and where it is to be held.\n(3)\nIf the claimant has asked the court to grant the Provisional Orders Application without holding a hearing, the sheriff may ...:\n(a)\ngrant the Provisional Orders Application and send the claimant written orders containing the provisional orders,\n(b)\nrefuse to grant the Provisional Orders Application without holding a hearing and send the claimant notice of when and where the hearing is to be held, or\n(c)\nwhere the claimant has indicated in Form 20A that they do not want the court to arrange a hearing under paragraph (3)(b), refuse the Provisional Orders Application.\n(4)\nWhere the sheriff grants the Provisional Orders Application without holding a hearing, the sheriff must also fix a provisional orders review hearing and order the claimant to tell the respondent and any interested person when and where it is to be held.\n(5)\nIf the sheriff refuses to grant the Provisional Orders Application without holding a hearing, the sheriff must also order the claimant to send the respondent and any interested person notice of when and where the hearing is to be held.\n20.4\nHow can the claimant tell the respondent or an interested party about a hearing?\n(1)\nThe claimant can tell the respondent or an interested party about any hearing under this Part by sending a Provisional Orders Hearing Notice to the respondent or interested party.\n20.5\nHow can you ask the court to reconsider provisional orders that it has made?\n(1)\nThe respondent can ask the sheriff to reconsider a provisional order by sending a Provisional Orders Reconsideration Application to the court, the claimant and any interested person.\n(2)\nAn interested person can ask the sheriff to reconsider a provisional order by sending a Provisional Orders Reconsideration Application to the court, the claimant, the respondent and any other interested person.\n(3)\nWhen the court receives a Provisional Orders Reconsideration Application, the sheriff must order every person to whom the application was sent to appear at a provisional orders review hearing where the sheriff will consider whether to change the provisional order.\n(4)\nThe sheriff may also order notice of the provisional orders review hearing to be given to any other person that the sheriff is satisfied has an interest.\n20.6\nHow can you ask the court to consider other applications about provisional orders?\n(1)\nA party may make any other application mentioned in Part 1A of the Debtors (Scotland) Act 1987 or Part 1A of the Debt Arrangement and Attachment (Scotland) Act 2002 by sending an Additional Orders Application (see Part 9) to the court, the other party and any interested person.\n(2)\nAn interested person may make any other application mentioned in Part 1A of the Debtors (Scotland) Act 1987 or Part 1A of the Debt Arrangement and Attachment (Scotland) Act 2002 by sending an Additional Orders Application (see Part 9) to the court, the parties and any other interested person.\n(3)\nWhen the court receives such an Incidental Orders Application, the sheriff must order every person to whom the application was sent to appear at a provisional orders discussion in court, where the sheriff will consider whether to make any orders.\n20.7\nHow are provisional orders made effective?\n(1)\nThe method for making a provisional order effective depends on the type of provisional order.\n(2)\nAn arrestment on the dependence (see rule 3.8(2)(a)) is made effective in accordance with rule 20.8.\n(3)\nAn inhibition on the dependence (see rule 3.8(2)(b)) is made effective in accordance with section 148(3)(b) of the Bankruptcy and Diligence (Scotland) Act 2007 and the Diligence (Scotland) Regulations 2009 (but see rule 20.9 if the respondent's address is not known).\n(4)\nAn interim attachment (see rule 3.8(2)(c)) is made effective in accordance with Chapter 1A of the Rules for Applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002 .\n20.8\nHow is an arrestment on the dependence made effective?\n(1)\nAn arrestment on the dependence is made effective by formally serving an Arrestment Notice on the person named in the provisional order who holds the respondent's goods or money.\n(2)\nAn arrestment Notice must be formally served by a sheriff officer. The sheriff officer must use one of the methods of formal service mentioned in rule 18.3.\n(3)\nAfter formally serving an Arrestment Notice, the sheriff officer must complete a Confirmation of Formal Service of Arrestment Notice and send it to the sheriff court within one week of service taking place.\n(4)\nThe requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926.\n20.9\nHow is an inhibition on the dependence made effective if the claimant does not know the respondent's address?\n(1)\nIf the claimant does not know the respondent's address, an inhibition on the dependence is made effective if the sheriff officer does two additional things:\n(a)\nsend the schedule of inhibition to the sheriff clerk of the sheriff court district where the respondent's last known address is located;\n(b)\nsend a copy of the schedule of inhibition by post to the respondent's last known address.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 rule 20.3 substituted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(gg)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in sch. 1 rule 20.3(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)(ee) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in sch. 1 rule 20.6 substituted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(ff) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in sch. 1 rule 20.7(2) substituted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(hh)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Sch. 1 rule 20.8(4) inserted (28.11.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/367), paras. 1(2), 5(3)(d)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1987 c. 18. Part 1A was inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 169."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "2002 asp 17. Part 1A was inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 173."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "2007 asp 3."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "S.S.I. 2009/68, as amended by S.S.I. 2009/396."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "Those Rules are contained in Schedule 1 to the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/20",
    "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."
}