# Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 S.I. 1999/929 · made 19 March 1999 · revised to 1 December 2025 This Act of Sederunt consolidates with minor and drafting amendments rules of the Sheriff Court relating to statutory applications and appeals. It also incorporates the Sheriff Court Summary Application Rules. Rules replaced by the consolidated rules are revoked in Schedule 2. Made under: Betting, Gaming and Lotteries Act 1963 (repealed) (Schedule 1, Schedule 2 paragraph 24, Schedule 2 paragraph 28D, Schedule 2 paragraph 28, Schedule 3 paragraph 7); Gaming Act 1968 (repealed) (Schedule 2, Schedule 9 paragraph 33, Schedule 9 paragraph 34, Schedule 9 paragraph 45, Schedule 9 paragraph 47); Sheriff Courts (Scotland) Act 1971 (Section 32); Sex Discrimination Act 1975 (repealed) (Section 66, Section 75); Licensing (Scotland) Act 1976 (repealed) (Section 39); Lotteries and Amusements Act 1976 (repealed) (Schedule 3); Representation of the People Act 1983 (Section 136, Section 139, Section 146, Section 147, Section 152, Section 153, Section 182, Section 185); Copyright, Designs and Patents Act 1988 (Section 114, Section 204, Section 231); Trade Marks Act 1994 (Section 19); Drug Trafficking Act 1994 (Section 46); Proceeds of Crime (Scotland) Act 1995 (Section 31, Section 48, Schedule 1) PDFs: Printed copy https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999/pdf/uksi_19990929_en.pdf ## Introductory text SHERIFF COURT, SCOTLAND Made 19th March 1999 Coming into force 1st July 1999 The Lords of Council and Session, under and by virtue of the powers conferred on them by Schedule 1, paragraphs 24(1), 28D and 28(2), Schedule 2, paragraph 7 and Schedule 3, paragraph 13(3) to the Betting Gaming and Lotteries Act 1963, Schedule 2, paragraphs 33(1), 34(1), 45 and 47, and Schedule 9, paragraph 15 to the Gaming Act 1968, section 32 of the Sheriff Courts (Scotland) Act 1971, sections 66(5A) and 75 of the Sex Discrimination Act 1975, section 39(9) of the Licensing (Scotland) Act 1976, Schedule 3, paragraph 12 to the Lotteries and Amusements Act 1976, sections 136, 139, 146, 147, 152, 153, 182(3) and 185 of the Representation of the People Act 1983, sections 114(3), 204(3) and 231(3) of the Copyright, Designs and Patents Act 1988, section 19(3) of the Trade Marks Act 1994, section 46 of the Drug Trafficking Act 1994, Regulation 5(3) of the Olympics Association Right (Infringement Proceedings) Regulations 1995, and sections 31(5) and 48 of, and Schedule 1, paragraph 11 to, the Proceeds of Crime (Scotland) Act 1995 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 Sheriff Courts (Scotland) Act 1971, do hereby enact and declare: ## Part CHAPTER 1: GENERAL ## 1.1 Citation and commencement (1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 and shall come into force on 1st July 1999. (2) This Act of Sederunt shall be inserted in the Books of Sederunt. ## 1.2 Interpretation (1) In this Act of Sederunt, unless the context otherwise requires– “the 2004 Act” means the Vulnerable Witnesses (Scotland) Act 2004; “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; “Ordinary Cause Rules” means the First Schedule to the Sheriff Courts (Scotland) Act 1907; “sheriff clerk” includes sheriff clerk depute; and “summary application” has the meaning given by section 3(p) of the Sheriff Courts (Scotland) Act 1907. (2) Unless the context otherwise requires, any reference in this Act of Sederunt to a specified Chapter, Part or rule shall be construed as a reference to the Chapter, Part or rule bearing that number in this Act of Sederunt, and a reference to a specified paragraph, sub-paragraph or head shall be construed as a reference to the paragraph, sub-paragraph or head so numbered or lettered in the provision in which that reference occurs. (3) Any reference in this Act of Sederunt to a numbered Form shall, unless the context otherwise requires, be construed as a reference to the Form so numbered in Schedule 1 to this Act of Sederunt and includes a form substantially to the same effect with such variation as circumstances may require. (4) In this Act of Sederunt, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act. ## 1.3 Revocation The Acts of Sederunt mentioned in column (1) of Schedule 2 to this Act of Sederunt are revoked to the extent specified in column (3) of that Schedule. ## 1.4 Application Unless otherwise provided in this Act of Sederunt or in any other enactment, any application or appeal to the sheriff shall be by way of summary application and the provisions of Chapter 1A and Chapter 2 of this Act of Sederunt shall apply accordingly. ## Part CHAPTER 1A: LAY REPRESENTATION ## 1A.1 Application and interpretation (1) This Chapter is without prejudice to any enactment (including any other provision in these Rules) under which provision is, or may be, made for a party to a particular type of case before the sheriff to be represented by a lay representative. (2) In this Chapter, a “lay representative” means a person who is not— (a) a solicitor; (b) an advocate, or (c) someone having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. ## 1A.2 Lay representation for party litigants (1) In any proceedings in respect of which no provision as mentioned in rule 1A.1(1) is in force, the sheriff may, on the request of a party litigant, permit a named individual (a “lay representative”) to appear, along with the litigant, at a specified hearing for the purpose of representing the litigant at that hearing. (2) An application under paragraph (1)— (a) is to be made orally on the date of the first hearing at which the litigant wishes a named individual to represent the litigant; and (b) is to be accompanied by a document, signed by the named individual, in Form A1. (3) The sheriff may grant an application under paragraph (1) only if the sheriff is of the opinion that it would be in the interests of justice to grant it. (4) It is a condition of permission granted by the sheriff that the lay representative does not receive directly or indirectly from the litigant any remuneration or other reward for his or her assistance. (5) The sheriff may grant permission under paragraph (1) in respect of one or more specified hearings in the case; but such permission is not effective during any period when the litigant is legally represented. (6) The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1). (6A) Where permission is granted under paragraph (1), the lay representative may do anything in the preparation or conduct of the hearing that the litigant may do. (7) Where permission has been granted under paragraph (1), the litigant may— (a) show the lay representative any document (including a court document); or (b) impart to the lay representative any information, which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the lay representative is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant. (8) Any expenses incurred by the litigant in connection with lay representation under this rule are not recoverable expenses in the proceedings. ## Part CHAPTER 2: SUMMARY APPLICATION RULES ### Chapter PART I: INTERPRETATION ## 2.1 Interpretation In this Chapter, unless the context otherwise requires– “decree” includes any judgment, deliverance, interlocutor, act, order, finding or authority which may be extracted; “defender” means any person other than the pursuer who is a party to a summary application; and “pursuer” means any person making a summary application. ### Chapter PART II: GENERAL RULES ## 2.2 Application This Part applies to summary applications. ## 2.2A Lay support (1) At any time during proceedings the sheriff may, on the request of a party litigant, permit a named individual to assist the litigant in the conduct of the proceedings by sitting beside or behind (as the litigant chooses) the litigant at hearings in court or in chambers and doing such of the following for the litigant as he or she requires— (a) providing moral support; (b) helping to manage the court documents and other papers; (c) taking notes of the proceedings; (d) quietly advising on— (i) points of law and procedure; (ii) issues which the litigant might wish to raise with the sheriff; (iii) questions which the litigant might wish to ask witnesses. (2) It is a condition of such permission that the named individual does not receive from the litigant, whether directly or indirectly, any remuneration for his or her assistance. (3) The sheriff may refuse a request under paragraph (1) only if— (a) the sheriff is of the opinion that the named individual is an unsuitable person to act in that capacity (whether generally or in the proceedings concerned); or (b) the sheriff is of the opinion that it would be contrary to the efficient administration of justice to grant it. (4) Permission granted under paragraph (1) endures until the proceedings finish or it is withdrawn under paragraph (5); but it is not effective during any period when the litigant is represented. (5) The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1); but the sheriff must first be of the opinion that it would be contrary to the efficient administration of justice for the permission to continue. (6) Where permission has been granted under paragraph (1), the litigant may— (a) show the named individual any document (including a court document); or (b) impart to the named individual any information, which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the named individual is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant. (7) Any expenses incurred by the litigant as a result of the support of an individual under paragraph (1) are not recoverable expenses in the proceedings. ## 2.3 Relief from failure to comply with rules (1) The sheriff may relieve a party from the consequences of failure to comply with a provision in this Part which is shown to be due to mistake, oversight or other excusable cause, on such conditions as he thinks fit. (2) Where the sheriff relieves a party from the consequences of a failure to comply with a provision in this Part of these Rules under paragraph (1), he may make such order as he thinks fit to enable the summary application to proceed as if the failure to comply with the provision had not occurred. ## 2.4 The initial writ (1) Unless otherwise prescribed by any other enactment, a summary application shall be commenced by initial writ in Form 1. (2) The initial writ shall be written, typed or printed on A4 size paper of durable quality and shall not be backed or folded. (3) Where the pursuer has reason to believe that an agreement exists prorogating jurisdiction over the subject-matter of the summary application to another court, the initial writ shall contain details of that agreement. (4) Where the pursuer has reason to believe that proceedings are pending before another court involving the same cause of action and between the same parties as those named in the instance of the initial writ, the initial writ shall contain details of those proceedings. (4A) In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974— (a) the initial writ shall include an averment that such an agreement exists and details of the agreement; and (b) a copy of the regulated agreement shall be lodged with the initial writ. (5) An article of condescendence shall be included in the initial writ averring– (a) the ground of jurisdiction; and (b) the facts upon which the ground of jurisdiction is based. (6) Where the residence, registered office or place of business, as the case may be, of the defender is not known and cannot reasonably be ascertained, the pursuer shall set out in the instance of the initial writ that the whereabouts of the defender are not known and aver in the condescendence what steps have been taken to ascertain his present whereabouts. (7) The initial writ shall be signed by the pursuer or his solicitor (if any) and the name and address of that solicitor shall be stated on the back of every service copy of that writ. (8) The initial writ shall include averments about those persons who appear to the pursuer to have an interest in the application and in respect of whom a warrant for citation is sought. (9) Where warrant to arrest on the dependence is sought, the initial writ shall include averments to justify the grant of such a warrant. ## 2.5 Order for intimation to interested persons by sheriff The sheriff may make an order for intimation to any person who appears to him to have an interest in the summary application. ## 2.6 Time limits (1) This rule applies to a summary application where the time within which the application , being an appeal under statute or an application in the nature of an appeal, may be made is not otherwise prescribed. (2) An application to which this rule applies shall be lodged with the sheriff clerk within 21 days after the date on which the decision, order, scheme, determination, refusal or other act complained of was intimated to the pursuer. (3) On special cause shown, the sheriff may hear an application to which this rule applies notwithstanding that it was not lodged within the period prescribed in paragraph (2). ## 2.7 Warrants, forms and certificate of citation (1) Subject to paragraph (2), a warrant for citation or intimation may be signed by the sheriff or sheriff clerk. (1A) A warrant for arrestment on the dependence may be signed by the sheriff, if the sheriff considers it appropriate. (2) A warrant containing a period of notice shorter than the period of notice to be given to a defender under rule 3.6(1)(a) or (b), as the case may be, of the Ordinary Cause Rules or any other warrant which the sheriff clerk may not sign, shall be signed by the sheriff. (3) Where the sheriff clerk refuses to sign a warrant which he may sign, the party presenting the summary application may apply to the sheriff for the warrant. (4) Where citation is necessary– (a) the warrant of citation shall, subject to paragraphs (5) and (7ZA)(a), and rule 3.18.3(1) (appeals under section 103J of the Local Government (Scotland) Act 1973) and rule 3.50.4 (applications for orders under paragraphs 27ZF(2) or 27E(2) of schedule 3A of the Communications Act 2003), be in Form 2; and (b) citation shall, subject to paragraphs (7) and (7ZA)(b), and rules 2.13 (service where address of person is not known) and 3.18.3(2) (appeals under section 103J of the Local Government (Scotland) Act 1973) and rule 3.50.4 (applications for orders under paragraphs 27ZF(2) or 27E(2) of schedule 3A of the Communications Act 2003), be in Form 3. (5) Where a time to pay direction under the Debtors (Scotland) Act 1987 or a time order under the Consumer Credit Act 1974 may be applied for by the defender, the warrant of citation shall be in Form 4. (6) Where a warrant of citation in accordance with Form 4 is appropriate, there shall be served on the defender (with the initial writ and warrant) a notice in Form 5. (7) Where a time to pay direction under the Debtors (Scotland) Act 1987 or a time order under the Consumer Credit Act 1974 may be applied for by the defender, citation shall be in Form 6 which shall be attached to a copy of the initial writ and warrant of citation. (7ZA) In an application for enforcement of security over residential property within the meaning of Part IV of Chapter 3— (a) the warrant of citation will be in Form 6ZA; (b) citation will be in Form 6ZB which is to be attached to a copy of the initial writ, Form 11C and warrant of citation. (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Where citation is necessary, the certificate of citation shall be in Form 7 which shall be attached to the initial writ. (9) Where citation is by a sheriff officer, one witness shall be sufficient for the execution of citation. (10) Where citation is by a sheriff officer, the certificate of citation shall be signed by the sheriff officer and the witness and shall state– (a) the method of citation; and (b) where the method of citation was other than personal or postal citation, the full name and designation of any person to whom the citation was delivered. (11) Where citation is executed under paragraph (3) of rule 2.11 (depositing or affixing by sheriff officer), the certificate shall include a statement– (a) of the method of service previously attempted; (b) of the circumstances which prevented such service being executed; and (c) that a copy of the document was sent in accordance with the provisions of paragraph (4) of that rule. ## 2.8 Orders against which caveats may be lodged A person may lodge a caveat against an interim order (other than an order under section 1 of the Administration of Justice (Scotland) Act 1972 (orders for inspection of documents and other property, etc.)) sought before service of the initial writ. ## 2.9 Form, lodging and renewal of caveats (1) A caveat shall be in Form 8 and shall be lodged with the sheriff clerk. (2) A caveat shall remain in force for a period of one year from the date on which it was lodged and may be renewed on its expiry for a further period of one year and yearly thereafter. (3) Where a caveat has been lodged and has not expired, no order in respect of which the caveat was lodged may be pronounced unless the sheriff is satisfied that all reasonable steps have been taken to afford the person who lodged the caveat an opportunity of being heard; and the sheriff may continue the hearing on such an order until he is satisfied that such steps have been taken. ## 2.10 Postal service or intimation (1) In any summary application in which service or intimation of any document or citation of any person may be by recorded delivery, such service, intimation or citation shall be by the first class recorded delivery service. (2) Notwithstanding the terms of section 4(2) of the Citation Amendment (Scotland) Act 1882 (time from which period of notice reckoned), where service or intimation is by post, any period of notice contained in the warrant of citation shall run from the beginning of the day after the date of posting. (3) On the face of the envelope used for postal service or intimation under this rule there shall be written or printed the following notice:– “This envelope contains a citation to or intimation from (specify the court). If delivery cannot be made at the address shown it is to be returned immediately to:– The Sheriff Clerk (insert address of sheriff clerk’s office).”. (4) The certificate of citation or intimation in the case of postal service shall have attached to it any relevant postal receipts. ## 2.11 Service within Scotland by sheriff officer (1) An initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree served by a sheriff officer on any person shall be served– (a) personally; or (b) by being left in the hands of a resident at the person’s dwelling place or an employee at his place of business. (2) Where service is executed under paragraph (1)(b), the certificate of citation or service shall contain the full name and designation of any person in whose hands the initial writ, decree, charge, warrant or other order or writ, as the case may be, was left. (3) Where a sheriff officer has been unsuccessful in executing service in accordance with paragraph (1), he may, after making diligent enquiries, serve the document in question by– (a) depositing it in that person’s dwelling place or place of business; or (b) by leaving it at that person’s dwelling place or place of business in such a way that it is likely to come to the attention of that person. (4) Subject to rule 2.18 (service of schedule of arrestment), where service is executed under paragraph (3), the sheriff officer shall, as soon as possible after such service, send a letter containing a copy of the document by ordinary first class post to the address at which he thinks it most likely that the person on whom service has been executed may be found. (5) Where the firm which employs the sheriff officer has in its possession– (a) the document or a copy of it certified as correct by the pursuer’s solicitor, the sheriff officer may serve the writ upon the defender without having the document or certified copy in his possession, in which case he shall if required to do so by the person on whom service is executed and within a reasonable time of being so required, show the document or certified copy to the person; or (b) a certified copy of the interlocutor pronounced allowing service of the document, the sheriff officer may serve the document without having in his possession the certified copy interlocutor if he has in his possession a facsimile copy of the certified copy interlocutor (which he shall show, if required, to the person on whom service is executed). (6) Where service is executed under paragraphs (1)(b) or (3), the document and the citation or notice of intimation, as the case may be, must be placed in an envelope bearing the notice “This envelope contains a citation to or intimation from (insert name of sheriff court)” and sealed by the sheriff officer. ## 2.12 Service on persons furth of Scotland (1) Subject to the following provisions of this rule, an initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree served on a person furth of Scotland shall be served– (a) at a known residence or place of business in England, Wales, Northern Ireland, the Isle of Man, the Channel Islands or any country with which the United Kingdom does not have a convention providing for service of writs in that country– (i) in accordance with the rules for personal service under the domestic law of the place in which service is to be executed; or (ii) by posting in Scotland a copy of the document in question in a registered letter addressed to the person at his residence or place of business; (b) in a country which is a party to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters dated 15th November 1965 or the Convention in Schedule 1 or 3C to the Civil Jurisdiction and Judgments Act 1982– (i) by a method prescribed by the internal law of the country where service is to be executed for the service of documents in domestic actions upon persons who are within its territory; (ii) by or through the central, or other appropriate, authority in the country where service is to be executed at the request of the Scottish Ministers; (iii) by or through a British Consular Office in the country where service is to be executed at the request of the Secretary of State for Foreign, Commonwealth and Development Affairs; (iv) where the law of the country in which the person resides permits, by posting in Scotland a copy of the document in a registered letter addressed to the person at his residence; or (v) where the law of the country in which service is to be executed permits, service by an huissier, other judicial officer or competent official of the country where service is to be executed; or (c) in a country with which the United Kingdom has a convention on the service of writs in that country other than the conventions mentioned in sub-paragraph (b), by one of the methods approved in the relevant convention; ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) In a country to which the EC Service Regulation applies, service– (a) may be effected by the methods prescribed in paragraph (1)(b)(ii) or (iii) 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 (6). (2) Any document which requires to be posted in Scotland for the purposes of this rule shall be posted by a solicitor or a sheriff officer, and on the face of the envelope there shall be written or printed the notice set out in rule 2.10(3). (3) In the case of service by a method referred to in paragraph (1)(b)(ii) and (iii), the pursuer shall– (a) send a copy of the writ and warrant of service with citation attached, or other document, as the case may be, with a request for service by the method indicated in the request to the Scottish Ministers or, as the case may be, the Secretary of State for Foreign, Commonwealth and Development Affairs; and (b) lodge in process a certificate signed by the authority which executed service stating that it has been, and the manner in which it was, served. (4) In the case of service by a method referred to in paragraph (1)(b)(v), the pursuer or the sheriff officer shall– (a) send a copy of the writ and warrant for service with citation attached, or other document, as the case may be, with a request for service by the method indicated in the request to the official in the country in which service is to be executed; and (b) lodge in process a certificate of the official who executed service stating that it has been, and the manner in which it was, served. (5) Where service is executed, in accordance with paragraph (1)(a)(i) or (1)(b)(i) other than on another party in the United Kingdom, the Isle of Man or the Channel Islands, the party executing service shall lodge a certificate by a person who is conversant with the law of the country concerned and who practises or has practised law in that country or is a duly accredited representative of the Government of that country, stating that the method of service employed is in accordance with the law of the place where service was executed. (6) Every writ, document, citation or notice on the face of the envelope mentioned in rule 2.10(3) shall be accompanied by a translation in ... (a) an official language of the country in which service is to be executed; or (b) in a country to which the EC Service Regulation applies, a language of the member state of transmission that is understood by the person on whom service is being executed. (7) A translation referred to in paragraph (6) shall be certified as correct by the person making it and the certificate shall– (a) include his full name, address and qualifications; and (b) be lodged with the execution of citation or service. (8) In this rule “the EC Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000, as amended from time to time. ## 2.13 Service where address of person is not known (1) Where the address of a person to be cited or served with a document is not known and cannot reasonably be ascertained, the sheriff shall grant warrant for citation or service upon that person by– (a) the publication of an advertisement in Form 9 in a specified newspaper circulating in the area of the last known address of that person; or (b) displaying on the walls of court a copy of the instance and crave of the initial writ, the warrant of citation and a notice in Form 10; and any period of notice contained in the warrant of citation shall run from the date of publication of the advertisement or display on the walls of court, as the case may be. (2) Where service requires to be executed under paragraph (1), the pursuer shall lodge a service copy of the initial writ and a copy of any warrant of citation with the sheriff clerk from whom they may be uplifted by the person for whom they are intended. (3) Where a person has been cited or served in accordance with paragraph (1) and, after the summary application has commenced, his address becomes known, the sheriff may allow the initial writ to be amended subject to such conditions as to re-service, intimation, expenses or transfer of the summary application as he thinks fit. (4) Where advertisement in a newspaper is required for the purpose of citation or service under this rule, a copy of the newspaper containing the advertisement shall be lodged with the sheriff clerk by the pursuer. (5) Where display on the walls of court is required under paragraph (1)(b), the pursuer shall supply to the sheriff clerk for that purpose a certified copy of the instance and crave of the initial writ and any warrant of citation. ## 2.14 Persons carrying on business under trading or descriptive name (1) A person carrying on a business under a trading or descriptive name may be designed in the instance of the initial writ by such trading or descriptive name alone, and an extract of a– (a) decree pronounced in the sheriff court; or (b) decree proceeding upon any deed, decree arbitral, bond, protest of a bill, promissory note or banker’s note or upon any other obligation or document on which execution may proceed, recorded in the sheriff court books, against such person under such trading or descriptive name, shall be a valid warrant for diligence against such person. (2) An initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree in a summary application in which a person carrying on business under a trading or descriptive name is designed in the instance of the initial writ by that name shall be served– (a) at any place of business or office at which such business is carried on within the sheriffdom of the sheriff court in which the cause is brought; or (b) where there is no place of business within that sheriffdom, at any place where such business is carried on (including the place of business or office of the clerk or secretary of any company, corporation or association or firm). ## 2.15 Endorsation unnecessary An initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree may be served, enforced or otherwise lawfully executed anywhere in Scotland without endorsation by a sheriff clerk and, if executed by a sheriff officer, may be so executed by a sheriff officer of the court which granted it or by a sheriff officer of the sheriff court district in which it is to be executed. ## 2.16 Re-service Where it appears to the sheriff that there has been any failure or irregularity in citation or service on a person, he may order the pursuer to re-serve the initial writ on such conditions as the sheriff thinks fit. ## 2.17 No objection to regularity of citation, service or intimation (1) A person who appears in a summary application shall not be entitled to state any objection to the regularity of the execution of citation, service or intimation on him, and his appearance shall remedy any defect in such citation, service or intimation. (2) Nothing in paragraph (1) shall preclude a party from pleading that the court has no jurisdiction. ## 2.18 Service of schedule of arrestment If a schedule of arrestment has not been personally served on an arrestee, the arrestment shall have effect only if a copy of the schedule is also sent by registered post or the first class recorded delivery service to– (a) the last known place of residence of the arrestee; or (b) if such a place of residence is not known, or if the arrestee is a firm or corporation, to the arrestee’s principal place of business if known, or, if not known, to any known place of business of the arrestee, and the sheriff officer shall, on the certificate of execution, certify that this has been done and specify the address to which the copy of the schedule was sent. ## 2.18A Form of schedule of arrestment on the dependence (1) An arrestment on the dependence shall be served by serving the schedule of arrestment on the arrestee in Form 10A. (2) A certificate of execution shall be lodged with the sheriff clerk in Form 10B. ## 2.19 Arrestment on dependence before service (1) An arrestment on the dependence of a summary application used before service shall cease to have effect if the initial writ is not served within 20 days from the date of arrestment and either– (a) in the case where the pursuer is entitled to minute for decree in absence on the expiry of a period of notice contained in the warrant of citation, decree in absence has not been pronounced within 20 days after the expiry of the period of notice; or (b) in the case where the pursuer is not entitled to minute for decree in absence prior to the first hearing of the summary application, there is no appearance by the pursuer at the first hearing and the summary application drops from the roll. (2) After such an arrestment has been executed, the party who executed it shall forthwith report the execution to the sheriff clerk. ## 2.20 Movement of arrested property (1) Any person having an interest may apply by motion for a warrant authorising the movement of a vessel or cargo which is the subject of an arrestment to found jurisdiction or on the dependence of a summary application. (2) Where the court grants a warrant sought under paragraph (1), it may make such further order as it thinks fit to give effect to that warrant. ## 2.21 Transfer to another sheriff court (1) The sheriff may, on cause shown, remit a summary application to another sheriff court. (2) Subject to paragraph (4), where a summary application in which there are two or more defenders has been brought in the sheriff court of the residence or place of business of one of them, the sheriff may transfer the summary application to any other sheriff court which has jurisdiction over any of the defenders. (3) Subject to paragraph (4), where a plea of no jurisdiction is sustained, the sheriff may transfer the summary application to the sheriff court before which it appears to him the summary application ought to have been brought. (4) The sheriff shall not transfer a summary application to another sheriff court under paragraph (2) or (3) except– (a) on the motion of a party; and (b) where he considers it expedient to do so having regard to the convenience of the parties and their witnesses. (5) On making an order under paragraph (1), (2) or (3), the sheriff– (a) shall state his reasons for doing so in the interlocutor; and (b) may make the order on such conditions as to expenses or otherwise as he thinks fit. (6) The court to which a summary application is transferred under paragraph (1), (2) or (3) shall accept the summary application. (7) A transferred summary application shall proceed in all respects as if it had been originally brought in the court to which it is transferred. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 2.22 Applications for time to pay directions or time orders (1) This rule applies to a summary application in which— (a) a time to pay direction may be applied for under the Debtors (Scotland) Act 1987 ; or (b) a time order may be applied for under the Consumer Credit Act 1987 (2) A defender may apply for a time to pay direction or time order and, where appropriate, for recall or restriction of an arrestment– (a) by appearing and making the appropriate motion at a diet fixed for hearing of the summary application; (b) except where the warrant of citation contains a shorter period of notice than the period of notice to be given to a defender under rule 3.6(1)(a) or (b), as the case may be, of the Ordinary Cause Rules, by completing and returning the appropriate portion of Form 5 to the sheriff clerk at least 14 days before the first diet fixed for hearing of the summary application or the expiry of the period of notice or otherwise, as the case may be in the warrant of citation; or (c) by application to the court at any stage before final decree. (3) On lodging an application under paragraph (2)(b), the defender shall send a copy of it to the pursuer by first class ordinary post. (4) Where the pursuer objects to the application of the defender lodged under paragraph (2)(b) he shall— (a) complete and lodge with the sheriff clerk Form 5A prior to the date fixed for the hearing of the summary application; and (b) send a copy of that form to the defender. (5) The sheriff clerk shall then fix a hearing in relation to the application under paragraph (2)(b) and intimate the hearing to the pursuer and the defender. (6) The sheriff may determine an application under paragraph (2)(c) without the defender having to appear. ## 2.22A Applications under the Mortgage Rights (Scotland) Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 2.23 Remuneration of assessors Where an assessor is appointed by the sheriff to assist him in determining the summary application, the remuneration to be paid to such assessor shall be part of the expenses of the application. ## 2.24 Deposits for expenses Where, under any enactment, the sheriff requires the pursuer to deposit a sum of money to cover the expenses of an appeal under the enactment, such sum shall, subject to the provisions of that enactment, not exceed an amount which is twenty-five times the amount of the fee payable at that time in respect of lodging the initial writ. ## 2.25 When decrees extractable (1) Subject to the following paragraphs– (a) subject to sub-paragraph (c), a decree in absence may be extracted after the expiry of 14 days from the date of decree; (b) subject to sub-paragraph (c), any decree pronounced in a defended summary application may be extracted at any time after whichever is the later of the following– (i) the expiry of the period within which an application for leave to appeal may be made and no such application has been made; (ii) the date on which leave to appeal has been refused and there is no right of appeal from such refusal; (iii) the expiry of the period within which an appeal may be made and no appeal has been made; or (iv) the date on which an appeal has been finally disposed of; and (c) where the sheriff has, in pronouncing decree, reserved any question of expenses, extract of that decree may be issued only after the expiry of 14 days from the date of the interlocutor disposing of the question of expenses unless the sheriff otherwise directs. (2) The sheriff may, on cause shown, grant a motion to allow extract to be applied for and issued earlier than a date referred to in paragraph (1). (3) In relation to a decree referred to in paragraph (1)(b) or (c), paragraph (2) shall not apply unless– (a) the motion under that paragraph is made in the presence of the parties; or (b) the sheriff is satisfied that proper intimation of the motion has been made in writing to every party not present at the hearing of the motion. (4) Nothing in this rule shall affect the power of the sheriff to supersede extract. ## 2.26 Form of extract decree The extract of a decree shall be in Form 11. ## 2.27 Form of warrant for execution An extract of a decree on which execution may proceed shall include a warrant for execution in the following terms:– “This extract is warrant for all lawful execution hereon.”. ## 2.28 Date of decree in extract (1) Where the Sheriff Appeal Court has adhered to the decision of the sheriff following an appeal, the date to be inserted in the extract decree as the date of decree shall be the date of the decision of the Sheriff Appeal Court. (2) Where a decree has more than one date it shall not be necessary to specify in an extract what was done on each date. ## 2.29 Decrees in absence where defender furth of Scotland (1) Where a defender is domiciled in another part of the United Kingdom or in another Contracting State, the sheriff shall not grant decree in absence until it has been shown that the defender has been able to receive the initial writ in sufficient time to arrange for his defence or that all necessary steps have been taken to that end, and for the purposes of this paragraph– (a) the question whether a person is domiciled in another part of the United Kingdom shall be determined in accordance with sections 41 and 42 of the Civil Jurisdiction and Judgements Act 1982; (b) the question whether a person is domiciled in another Contracting State shall be determined in accordance with Article 52 of the Convention in Schedule 1 or 3C to that Act, as the case may be; and (c) the term “Contracting State” has the meaning assigned in section 1 of that Act. (2) Where an initial writ has been served in a country to which the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters dated 15th November 1965 applies, decree shall not be granted until it is established to the satisfaction of the sheriff that the requirements of Article 15 of the Convention have been complied with. ## 2.30 Motion procedure Except where the sheriff otherwise directs, any motion relating to a summary application shall be made in accordance with, and regulated by, Chapter 15 of the Ordinary Cause Rules. ## 2.31 Power of sheriff to make orders The sheriff may make such order as he thinks fit for the progress of a summary application in so far as it is not inconsistent with section 50 of the Sheriff Courts (Scotland) Act 1907. ## 2.32 Live links (1) On cause shown, a party may apply by motion for authority for the whole or part of– (a) the evidence of a witness or the party to be given; or (b) a submission to be made, through a live link. (2) In paragraph (1)– “witness” means a person who has been or may be cited to appear before the court as a witness , except a vulnerable witness within the meaning of section 11(1) of the 2004 Act; “submission” means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of a motion; and “live link” means a live television link or such other arrangement as may be specified in the motion by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom. ## 2.33 Enquiry when fixing hearing Where the sheriff fixes a hearing he shall make enquiry whether there is or is likely to be a vulnerable witness within the meaning of section 11(1) of the 2004 Act who is to give evidence at any proof or hearing, consider any child witness notice or vulnerable witness application that has been lodged where no order has been made and consider whether any order under section 12(1) of the 2004 Act requires to be made. ## 2.34 Vulnerable witness procedure Except where the sheriff otherwise directs, where a vulnerable witness is to give evidence in a hearing of a summary application any child witness notice or vulnerable application relating to the vulnerable witness shall be made in accordance with and regulated by Chapter 45 of the Ordinary Cause Rules. ## 2.35 Representation (1) A party may be represented by any person authorised under any enactment to conduct proceedings in the sheriff court in accordance with the terms of that enactment. (2) The person referred to in paragraph (1) may do everything for the preparation and conduct of an action as may have been done by an individual conducting his own action. ## 2.36 Expenses (1) A party who– (a) is or has been represented by a person authorised under any enactment to conduct proceedings in the sheriff court; and (b) would have been found entitled to expenses if he had been represented by a solicitor or an advocate, May be awarded expenses or outlays to which a party litigant may be found entitled under the Litigants in Person (Costs and Expenses) Act 1975 or any enactment under that Act. ## 2.37 Statutory interveners – interpretation In rules 2.38 to 2.40, “statutory intervener” means a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment. ## 2.38 Application to intervene (1) This rule applies where an enactment requires a statutory intervener to apply for leave to intervene in proceedings. (2) An application for leave to intervene in proceedings is to be by way of minute of intervention in Form 11AA and must set out— (a) the name of the statutory intervener and the relevant statutory provisions which confer power on it to intervene; (b) where the relevant statutory provisions prescribe conditions which must be satisfied before an application may be made by it or permission to intervene may be granted by the sheriff, how it is considered those conditions are satisfied; (c) the issue in the proceedings which the statutory intervener wishes to address; (d) the propositions to be advanced by the statutory intervener and the reasons for believing that they are relevant to the proceedings. (3) The statutory intervener must— (a) send a copy of the minute to all the parties; (b) lodge it in process, certifying that sub-paragraph (a) has been complied with. (4) Where the relevant statutory provisions prescribe conditions which must be satisfied before leave to intervene may be granted by the sheriff, leave to intervene may only be granted by the sheriff if the sheriff is so satisfied. (5) In granting leave, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. (6) The sheriff clerk is to give written intimation of a grant or refusal of leave to the statutory intervener and all the parties. (7) This rule is without prejudice to any other entitlement of a statutory intervener to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so. ## 2.39 Invitation to intervene (1) This rule applies where an enactment makes provision for a statutory intervener to be invited by the sheriff to intervene in proceedings. (2) Where an enactment requires that the sheriff be satisfied that intervention is likely to assist the sheriff, the sheriff may invite an intervention only if the sheriff is so satisfied. (3) An invitation by the sheriff to a statutory intervener to intervene in proceedings is to be in Form 11AB and the sheriff clerk is to send a copy of it to the statutory intervener and all the parties. (4) An invitation is to be accompanied by— (a) a copy of the pleadings in the proceedings; (b) such other documents relating to the proceedings as the sheriff thinks relevant. (5) When issuing an invitation, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. ## 2.40 Form of intervention (1) An intervention by a statutory intervener is to be by way of a written submission which (including any appendices) does not exceed 5000 words. (2) The statutory intervener must lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct. (3) The sheriff may in exceptional circumstances— (a) allow a longer written submission to be made; (b) direct that an oral submission is to be made. (4) Where a diet is fixed pursuant to paragraph (3)(b), the sheriff clerk is to give written intimation of the diet to the statutory intervener and all the parties. ## 2.41 Form of intervention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 2.42 Lodging audio or audio-visual recordings of children (1) In this rule “child” is a person under the age of 16 on the date of commencement of the proceedings and “children” shall be construed accordingly. (2) Except where the sheriff otherwise directs, where a party seeks to lodge an audio or audio-visual recording of a child as a production in a summary application, this shall be done in accordance with and regulated by Chapter 50 of the Ordinary Cause Rules. (3) A party who has lodged a recording of a child shall— (a) within 14 days after the final determination of the application, where no subsequent appeal has been made, or (b) within 14 days after the disposal of any appeal made on the final determination of the application, uplift the recording from process. (4) Where a recording has not been uplifted as required by paragraph (3), the sheriff clerk shall intimate to— (a) the solicitor who lodged the recording, or (b) where no solicitor is acting, the party or such other party as seems appropriate, that if he or she fails to uplift the recording within 28 days after the date of such intimation, it will be disposed of in such a manner as the sheriff directs. ## Part CHAPTER 3: RULES ON APPLICATIONS UNDER SPECIFIC STATUES ### Chapter PART I: ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1972 ## 3.1.1 Interpretation and application (1) In this Part, (a) “the Act” means the Administration of Justice (Scotland) Act 1972; and (b) “listed items” means a list of the documents and other property which the applicant in terms of rule 3.1.2 wishes to be made the subject of the order. (2) This Part applies to applications under section 1(1) of the Act. ## 3.1.2 Applications under section 1(1) of the Act (1) An application for an order under section 1(1) of the Act (orders for inspection of documents and other property, etc.) shall be made by summary application where the proceedings in respect of which the application is made have not been commenced. (2) The summary application shall contain– (a) the listed items; (b) the address of the premises within which the applicant believes the listed items are to be found; and (c) the facts which give rise to the applicant’s belief that, were the order not to be granted, the listed items, or any of them, would cease to be available for the purposes of section 1 of the Act. ## 3.1.3 Accompanying documents The applicant shall lodge with the summary application– (a) an affidavit supporting the averments in the summary application; and (b) an undertaking by the applicant that he– (i) will comply with any order of the sheriff as to payment of compensation if it is subsequently discovered that the order, or the implementation of the order, has caused loss to the respondent or, where the haver is not the respondent, to the haver; (ii) will bring within a reasonable time of the execution of the order any proceedings which he decides to bring; and (iii) will not, without leave of the sheriff, use any information, documents or other property obtained as a result of the order, except for the purpose of any proceedings which he decides to bring and to which the order relates. ## 3.1.4 Modification of undertakings The sheriff may, on cause shown, modify, by addition, deletion or substitution, the undertaking mentioned in rule 3.1.3. ## 3.1.5 Intimation and service of application (1) Before granting the summary application, the sheriff may order such intimation or service of the summary application to be given or executed, as the case may be, as he thinks fit. (2) Any person receiving intimation or service of the summary application by virtue of an order under paragraph (1) may appear and oppose the summary application. ## 3.1.6 Form of order An order made under this Part shall– (a) be in Form 11A; and (b) include in addition a warrant of citation in Form 2. ## 3.1.7 Caution and other security On granting, in whole or in part, the summary application the sheriff may order the applicant to find such caution or other security as he thinks fit. ## 3.1.8 Execution of an order The order made in terms of rule 3.1.6 shall be served by the Commissioner in person and it shall be accompanied by a copy of the affidavit referred to in rule 3.1.3(a). ## 3.1.9 Duties of a Commissioner The Commissioner appointed by the sheriff shall, on executing the order– (a) give to the haver a copy of the notice in Form 11B; (b) explain to the haver– (i) the meaning and effect of the order; and (ii) that he may be entitled to claim that some or all of the listed items are confidential or privileged; (c) inform the haver of his right to seek legal advice and to ask the sheriff to vary or recall the order; (d) enter the premises and take all reasonable steps to fulfil the terms of the order; (e) where the order has authorised the recovery of any of the listed items, prepare an inventory of all the listed items to be recovered before recovering them; and (f) send any recovered listed items to the sheriff clerk to await the further order of the sheriff. ## 3.1.10 Confidentiality (1) Where confidentiality is claimed for any listed item, that listed item shall, where practicable, be enclosed in a sealed envelope. (2) A motion to have such a sealed envelope opened may be made by the party who obtained the order and he shall intimate the terms of the motion, by registered post or first class recorded delivery, to the person claiming confidentiality. (3) A person claiming confidentiality may oppose a motion made under paragraph (2). ## 3.1.11 Restrictions on service (1) Except on cause shown, the order may be served on Monday to Friday only, between the hours of 9am and 5pm only. (2) The order shall not be served at the same time as a search warrant granted in the course of a criminal investigation. (3) The Commissioner may be accompanied only by– (a) any person whom he considers necessary to assist him to execute the order; (b) such representatives of the applicant as are named in the order, and if it is likely that the premises will be occupied by an unaccompanied female and the Commissioner is not female, one of the people accompanying the Commissioner shall be female. (4) If it appears to the Commissioner when he comes to serve the order that the premises are occupied by an unaccompanied female and the Commissioner is neither female nor accompanied by a female, the Commissioner shall not enter the premises. ## 3.1.12 Right of haver to consult (1) The haver may seek legal or other professional advice of his or her choice. (2) Where the purpose of seeking this advice is to help the haver to decide whether to ask the sheriff to vary or recall the order, the haver may ask the Commissioner to delay starting the search for up to 2 hours or such other longer period as the Commissioner may permit. (3) Where the haver is seeking advice under this rule, he or she must— (a) inform the Commissioner and the applicant’s agent of that fact; (b) not disturb or remove any listed items; (c) permit the Commissioner to enter the premises, but not to start the search. ### Chapter PART II: BETTING AND GAMING APPEALS ## 3.2.1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.2.2 Appeals under Part I of the 1963 Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.2.3 Appeals by applicants under Part II of the 1968 Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.2.4 Appeals by the Gaming Board under Part II of the 1968 Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.2.5 Appeals under Part III of the 1968 Act and Part III of the 1976 Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ### Chapter PART III: COAL MINING SUBSIDENCE ACT 1991 ## 3.3.1 Interpretation and application (1) In this Part– “the Act” means the Coal Mining Subsidence Act 1991; “agreement or consent” means the agreement or consent referred to in section 41 of the Act; “person” means a person referred to in section 41 of the Act; “any person with responsibility for subsidence affecting any land” has the meaning given in section 43 of the Coal Industry Act 1994. (2) This Part applies to proceedings under section 41 of the Act. ## 3.3.2 Applications under section 41 of the Act (1) An application under section 41 of the Act (disputes about withholding of agreement or consent) shall specify– (a) the person with whom any person with responsibility for subsidence affecting any land has reached agreement and from whom any person with responsibility for subsidence affecting any land obtained consent; and (b) the steps which have been taken to obtain the agreement or consent of the person who is withholding such agreement or consent. (2) An application under section 41 of the Act made in relation to the exercise of a power under section 5(3) or (5) of the Act, shall, when lodged with the sheriff clerk, be accompanied by the notice of proposed remedial action under section 4(2) of the Act. ### Chapter PART IV: ENFORCEMENT OF SECURITIES OVER HERITABLE PROPERTY ### Interpretation ## 3.4.1 In this Part— “the 1894 Act” means the Heritable Securities (Scotland) Act 1894; “the 1970 Act” means the Conveyancing and Feudal Reform (Scotland) Act 1970; “application for enforcement of security over residential property” means any of the following— (a)an application under section 24(1B) of the 1970 Act alone (“a 1970 Act only application”); (b)an application under section 5(1) of the 1894 Act, in a case falling within section 5(2) of that Act, alone (“an 1894 Act only application”); (c)an application under paragraphs (a) and (b) together (“a combined 1970 Act and 1894 Act application”); “entitled resident” means— (a)in a 1970 Act only application, a person falling within the definition of that expression provided by section 24C of the 1970 Act; (b)in an 1894 Act only application, a person falling within the definition of that expression provided by section 5D of the 1894 Act; (c)in a combined 1970 Act and 1894 Act application, a person falling within either of those definitions; “entitled resident application” means any of the following— (a)an application under section 24B of the 1970 Act alone; (b)an application under section 5C of the 1894 Act alone; (c)an application under paragraphs (a) and (b) together. “pre-action requirements” means— (a)in a 1970 Act only application, the requirements specified in sections 24A(2) to (6) of the 1970 Act, together with any provision made under section 24A(8) of that Act; (b)in an 1894 Act only application, the requirements specified in sections 5B(2) to (6) of the 1894 Act, together with any provision made under section 5B(8) of that Act; (c)in a combined 1970 Act and 1894 Act application, both of those sets of requirements; “a recall of decree application” means any of the following— (a)an application under section 24D of the 1970 Act alone; (b)an application under section 5E of the 1894 Act alone; (c)an application under paragraphs (a) and (b) together. ### Disposal of applications under Part II of the 1970 Act for non-residential purposes ## 3.4.2 (1) This rule applies to an application or counter-application made by virtue of paragraph (3)(2)(b) of the Act of Sederunt (Sheriff Court Rules) (Enforcement of Securities over Heritable Property) 2010. (2) An interlocutor of the sheriff disposing of an application or counter-application is final and not subject to appeal except as to a question of title or as to any other remedy granted. ### Initial writ ## 3.4.3 (1) An application for enforcement of security over residential property must include averments that the pre-action requirements have been complied with. (2) The pursuer must lodge Form 11C with the initial writ. (3) The initial writ must specify the name and particulars of all persons known by the pursuer to be entitled residents; and crave warrant for intimation to such persons. ### Appointment of Hearing ## 3.4.4 On an application being submitted under rule 3.4.3, the sheriff must— (a) fix a hearing; (b) appoint service and intimation of the initial writ and Form 11C. ### Answers ## 3.4.5 (1) Where a defender opposes an application, the sheriff may order answers to be lodged within such period that the sheriff specifies. (2) The answers must— (a) specify the name and particulars of all persons known by the defender to be entitled residents who have not already been named in the initial writ; and crave warrant for intimation to such persons; or (b) state that to the best of the defender’s knowledge there are no other entitled residents. ## 3.4.6 The sheriff must order that a copy of the initial writ together with a notice in Form 11D and Form 11E be intimated to all entitled residents referred to in rules 3.4.3(3) and 3.4.5(2)(a). ### Application to court by entitled residents ## 3.4.7 (1) This rule applies to an entitled resident application. (2) Such application is to be made by lodging a minute in Form 11E in the principal application to which the application relates. (3) On a Form 11E being lodged, the sheriff must— (a) fix a hearing of the entitled resident application; (b) order parties to lodge answers (where the sheriff considers it appropriate to do so) within such period that the sheriff specifies; (c) order the applicant to serve upon every party and intimate to every entitled resident— (i) a copy of the entitled resident application; (ii) a note of the date, time and place of the hearing. ### Recall of decree ## 3.4.8 (1) This rule applies to a recall of decree application. (2) Such application is to be made by lodging a minute in Form 11F. (3) On a Form 11F being lodged, the sheriff clerk must fix a hearing of the recall of decree application. (4) Where a hearing has been fixed under paragraph (3) the person seeking recall must, not less than seven days before the date fixed for the hearing, serve upon every party and intimate to every entitled resident— (a) a copy of the recall of decree application; (b) a note of the date, time and place of the hearing. (4A) Where service or intimation under this rule is to be made to a party represented in the cause by a solicitor, a notice sent to such party’s solicitor shall be held to be notice to the party. (5) At a hearing fixed under paragraph (3), the sheriff must recall the decree so far as not implemented and the hearing will then proceed as a hearing held under rule 3.4.4(a). (6) A minute for recall of a decree, when lodged and served or intimated in terms of this rule, will have the effect of preventing any further action being taken to enforce the decree. (7) If it appears to the sheriff that there has been any failure or irregularity in service or intimation of the minute for recall of a decree, the sheriff may order re-service or re-intimation of the minute (as the case may be) on such conditions as he or she thinks fit. (8) Where the person seeking recall does not appear or is not represented at the hearing for recall, the sheriff will pronounce an interlocutor ordaining that person to appear or be represented at a peremptory diet fixed by the sheriff to state whether or not that person intends to proceed with the person’s defence or application, under certification that if that person fails to do so the sheriff may grant decree or make such other order or finding as the sheriff thinks fit. (9) The diet fixed in the interlocutor under paragraph (8) must not be less than 14 days after the date of the interlocutor unless the sheriff otherwise orders. (10) The sheriff must appoint a party to intimate to the person seeking recall a copy of the interlocutor and a notice in Form 11G. (11) Where a person on whom a notice and interlocutor has been intimated under paragraph (10) fails to appear or be represented at a diet fixed under paragraph (8) and to state his or her intention as required by that paragraph, the sheriff may grant decree of new or make such other order or finding as the sheriff thinks fit. ### Chapter PART V: COPYRIGHT, DESIGNS AND TRADE MARKS ## 3.5.1 Interpretation In this Part– “the 1988 Act” means the Copyright, Designs and Patents Act 1988; “the 1994 Act” means the Trade Marks Act 1994; and “the 1995 Regulations” means the Olympics Association Right (Infringement Proceedings) Regulations 1995. ## 3.5.2 Orders for delivery up, forfeiture, destruction or other disposal An application to the sheriff made under sections 99, 114, 195, 204, 230, 231 or 298 of the 1988 Act, under sections 16 or 19 of the 1994 Act or under Regulation 3 or 5 of the 1995 Regulations, shall be made– (a) by motion or incidental application, as the case may be, where proceedings have been commenced; or (b) by summary application where no proceedings have been commenced. ## 3.5.3 Service of notice on interested persons Where an application has been made under section 114, 204, 231 or 298 of the 1988 Act, section 19 of the 1994 Act or Regulation 5 of the 1995 Regulations– (a) the application shall– (i) specify the name and address of any person known or believed by the applicant to have an interest in the subject matter of the application; or (ii) state that to the best of the applicant’s knowledge and belief no other person has such an interest; and (b) the sheriff shall order that there be intimated to any person who has such an interest, a copy of the pleadings and any motion, incidental application or summary application, as the case may be. ## 3.5.4 Procedure where leave of court required (1) Where leave of the court is required under the 1988 Act before the action may proceed, the pursuer shall lodge along with the initial writ or summons a motion or incidental application, as the case may be, stating the grounds upon which leave is sought. (2) The sheriff may hear the pursuer on the motion or incidental application and may grant or refuse it or make such other order in relation to it as he considers appropriate prior to determination. (3) Where such motion or incidental application is granted, a copy of the sheriff’s interlocutor shall be served upon the defender along with the warrant of citation. ### Chapter PART VI: DRUG TRAFFICKING ACT 1994 ## 3.6.1 Interpretation and application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.6.2 Determination of applications for continued detention of cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.6.3 Determination of application for release of cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.6.4 Determination of application for forfeiture of cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.6.5 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.6.6 Sist of party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ### Chapter PART VII: LICENSING (SCOTLAND) ACT 1976 ## 3.7.1 Interpretation and application (1) In this Part, “the Act” means the Licensing (Scotland) Act 1976. (2) This Part applies to appeals under section 39 of the Act. ## 3.7.2 Service The appellant shall serve a copy of the initial writ on– (a) the clerk to the licensing board and the chief constable; (b) if he was the applicant at the hearing before the licensing board, upon all parties who appeared at the hearing; and (c) if he was an objector at the hearing, upon the applicant. ## 3.7.3 Statement of reasons of licensing board (1) Where the appellant has received from the licensing board a statement of reasons for its decision, he shall lodge a copy thereof with the sheriff clerk along with the initial writ. (2) The sheriff may, at any time prior to pronouncing a final interlocutor, require the licensing board to state the ground of refusal of an application and to give their reasons for finding such ground to be established. ### Chapter PART VIII: MENTAL HEALTH (SCOTLAND) ACT 1984 ## 3.8.1 Interpretation and application (1) In this Part, “the Act” means the Mental Health (Scotland) Act 1984. (2) This Part applies to– (a) applications for admission submitted to a sheriff under section 21 of the Act; (b) guardianship applications submitted to a sheriff under section 40 of the Act; and (c) community care applications submitted under section 35A of the Act. ## 3.8.2 Appointment of hearing (1) On an application being submitted, the sheriff shall appoint a hearing subject, in the case of an application for admission, to section 21(3A) of the Act. (2) The sheriff may, where he considers it appropriate in all the circumstances, appoint that the hearing of an application shall take place in a hospital or other place. ## 3.8.3 Service of application (1) The sheriff clerk shall serve or cause to be served on the patient a copy of the application, with the exception of any medical recommendation, together with a notice in Form 12. (2) Where the patient is not a resident patient in a hospital, the notice and copy application shall be served on him personally by sheriff officer. (3) Where the patient is a resident patient in a hospital, the notice and copy application shall be served together with a notice in Form 13 on his responsible medical officer– (a) by first class recorded delivery service; or (b) personally by sheriff officer. (4) Where the patient is already the subject of a guardianship order, the notice and copy application (including any medical recommendations) shall, in addition to any other service required by this rule, be served on the guardian– (a) by first class recorded delivery service; or (b) personally by a sheriff officer. ## 3.8.4 Duties of responsible medical officer (1) On receipt of a notice in Form 13 the responsible medical officer shall, subject to rule 3.8.5(1)– (a) deliver the notice in Form 12 to the patient; and (b) as soon as practicable thereafter, complete and return to the court a certificate of such delivery in Form 14. (2) Where, in the opinion of the responsible medical officer, it would be prejudicial to the patient's health or treatment if the patient were to be present during the proceedings– (a) in an application to which rule 3.8.3(3) applies, the responsible medical officer shall set forth his reasons for his opinion in the certificate in Form 14; and (b) in any other case, the responsible medical officer or the special medical officer, as the case may be, shall set forth his reasons for his opinion in writing and send them to the sheriff clerk. ## 3.8.5 Appointment of curator ad litem (1) Where two medical certificates are produced stating that it would be prejudicial to the health or treatment of the patient if personal service were effected in terms of rule 3.8.3(2) or 3.8.4(1) the sheriff– (a) may dispense with such service; and (b) if he does so, shall appoint a curator ad litem to receive the application and represent the interest of that patient. (2) The sheriff may appoint a curator ad litem to represent the interests of the patient where he is satisfied that– (a) the patient should be excluded from the whole or any part of the proceedings under section 113(2) of the Act; or (b) in any other case, it is in all the circumstances appropriate to do so. (3) The sheriff clerk shall serve the application on the curator ad litem by handing, or sending by first class recorded delivery service, to him a copy of the application and of the order appointing him as the curator. ## 3.8.6 Appointment of solicitor by court Where the patient has indicated that he wishes to be represented at the hearing but has not nominated a representative, the sheriff may appoint a solicitor to take instructions from the patient. ## 3.8.7 Intimation to representatives Where in any proceedings under the Act, the sheriff clerk is aware that the patient is represented by any person and that representative would not otherwise receive intimation of any diet, a copy of the notice served on the patient shall be intimated to the representative by the sheriff clerk by first class recorded delivery service. ## 3.8.8 Service by sheriff officer (1) Where a copy of an application and any notice has been served personally by sheriff officer, he shall prepare and return to the court an execution of such service setting forth in detail the manner and circumstances of such service. (2) Where a sheriff officer has been unable to effect personal service under this Part, he shall report to the court the reason why service was not effected. ## 3.8.9 Variation of conditions of community care order (1) Where, after consulting the persons referred to in subsections (1) and (2) of section 35D of the Act (variation of conditions of community care order), an application is made by the special medical officer for the variation of a community care order under that section, the special medical officer shall– (a) complete Form 22 in Schedule 2 to the Mental Health (Prescribed Forms) (Scotland) Regulations 1996; and (b) lodge that form with the sheriff clerk, together with a certified copy of the community care order to which the application for variation relates. ## 3.8.10 Hearing (1) Any hearing to determine an application under rule 3.8.9 shall take place within 28 days after receipt by the sheriff clerk of Form 22 and the community care order referred to in that rule. (2) Intimation of the date of the hearing referred to in paragraph (1) shall be given by the sheriff clerk by first class recorded delivery service to such persons as the sheriff may direct; and any intimation of such date to the patient shall be made personally by sheriff officer. ## 3.8.11 Appeal against community care order An application by way of appeal for the revocation of a community care order under section 35F of the Act shall be in Form 15. ### Chapter PART IX: PROCEEDS OF CRIME (SCOTLAND) ACT 1995 ## 3.9.1 Interpretation and application (1) In this Part– “the Act” means the Proceeds of Crime (Scotland) Act 1995; and “administrator” means the person appointed under paragraph 1(1) of Schedule 1 to the Act. (2) This Part applies to proceedings under sections 28, 29, 30, 31 and 33 of, and paragraphs 1, 2, 4, 6 and 12 of Schedule 1 to, the Act. ## 3.9.2 Service of restraint orders Where the sheriff pronounces an interlocutor making a restraint order under section 28(1) of the Act (application for restraint order), the prosecutor shall serve a copy of that interlocutor on every person named in the interlocutor as restrained by the order. ## 3.9.3 Recall or variation of restraint orders (1) An application to the sheriff under any of the following provisions of the Act shall be made by note in the process containing the interlocutor making the restraint order to which the application relates– (a) section 29(4) or (5) (recall of restraint orders in relation to realisable property); (b) section 30(3) or (4) (recall of restraint orders in relation to forfeitable property); (c) section 31(1) (variation or recall of restraint order). (2) In respect of an application by note under paragraph (1)(c) by a person having an interest for an order for variation or recall under section 31(1)(b) of the Act– (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the period of notice for lodging answers to the note shall be 14 days or such other period as the sheriff thinks fit. ## 3.9.4 Applications for interdict (1) An application to the sheriff under section 28(8) of the Act (interdict) may be made– (a) in the application made under section 28(1) of the Act; or (b) if made after a restraint order has been made, by note in the process of the application for that order. (2) An application under section 28(8) of the Act by note under paragraph (1)(b) shall not be intimated, served or advertised before that application is granted. ## 3.9.5 Applications in relation to arrestment (1) An application to the sheriff under section 33(1) of the Act (arrestment of property affected by restraint order) by the prosecutor for warrant for arrestment may be made– (a) in the application made under section 28(1) of the Act; or (b) if made after a restraint order has been applied for, by note in the process of the application for that order. (2) An application to the sheriff under section 33(2) of the Act, to loose, restrict or recall an arrestment shall be made by note in the process of the application for the restraint order. (3) An application to the sheriff under section 33(4) of the Act (recall or restriction of arrestment) shall be made by note in the process containing the interlocutor making the restraint order to which the application relates. ## 3.9.6 Appeals to the Court of Session (1) This rule applies to appeals against an interlocutor of the sheriff refusing, varying or recalling or refusing to vary or recall a restraint order. (2) An appeal to which this rule applies shall be marked within 14 days after the date of the interlocutor concerned. (3) An appeal to which this rule applies shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms:– “The applicant appeals to the Court of Session.”. (4) A note of appeal to which this rule applies shall– (a) be signed by the appellant; (b) bear the date on which it is signed; and (c) where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him in the appeal. (5) The sheriff clerk shall transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session. (6) Within the period specified in paragraph (5), the sheriff clerk shall– (a) send written notice of the appeal to every other party; and (b) certify on the interlocutor sheet that he has done so. (7) Failure of the sheriff clerk to comply with paragraph (6) shall not invalidate the appeal. ## 3.9.7 Applications for appointment of administrators (1) An application to the sheriff under paragraph 1 of Schedule 1 to the Act (appointment of administrators) shall be made– (a) where made after a restraint order has been made, by note in the process of the application for that order; or (b) in any other case, by summary application. (2) The notification to be made by the sheriff clerk under paragraph 1(3)(a) of Schedule 1 to the Act shall be made by intimation of a copy of the interlocutor to the person required to give possession of property to an administrator. ## 3.9.8 Incidental applications in an administration (1) An application to the sheriff under any of the following provisions of Schedule 1 to the Act shall be made by note in the process of the application for appointment of the administrator– (a) paragraph 1(1) with respect to an application after appointment of an administrator to require a person to give property to him; (b) paragraph 1(4) (making or altering a requirement or removal of administrator); (c) paragraph 1(5) (appointment of new administrator on death, resignation or removal of administrator); (d) paragraph 2(1)(n) (directions as to functions of administrator); (e) paragraph 4 (directions for application of proceeds). (2) An application to the sheriff under any of the following provisions of Schedule 1 to the Act shall be made in the application for appointment of an administrator under paragraph 1(1) of that Schedule or, if made after the application has been made, by note in the process– (a) paragraph 2(1)(o) (special powers of administrator); (b) paragraph 2(3) (vesting of property in administrator); (c) paragraph 12 (order to facilitate the realisation of property). ## 3.9.9 Requirements where order to facilitate realisation of property considered Where the sheriff considers making an order under paragraph 12 of Schedule 1 to the Act (order to facilitate the realisation of property)– (a) the sheriff shall fix a date for a hearing in the first instance; and (b) the applicant or noter, as the case may be, shall serve a notice in Form 16 on any person who has an interest in the property. ## 3.9.10 Documents for Accountant of Court (1) A person who has lodged any document in the process of an application for the appointment of an administrator shall forthwith send a copy of that document to the Accountant of Court. (2) The sheriff clerk shall transmit to the Accountant of Court any part of the process as the Accountant of Court may request in relation to an administration which is in dependence before the sheriff unless such part of the process is, at the time of request, required by the sheriff. ## 3.9.11 Procedure for fixing and finding caution Rules 9 to 12 of the Act of Sederunt (Judicial Factors Rules) 1992 (fixing and finding caution in judicial factories) shall, with the necessary modifications, apply to the fixing and finding of caution by an administrator under this Part as they apply to the fixing and finding of caution by a judicial factor. ## 3.9.12 Administrator’s title to act An administrator appointed under this Part shall not be entitled to act until he has obtained a copy of the interlocutor appointing him. ## 3.9.13 Duties of administrator (1) The administrator shall, as soon as possible, but within three months after the date of his appointment, lodge with the Accountant of Court– (a) an inventory of the property in respect of which he has been appointed; (b) all vouchers, securities, and other documents which are in his possession; and (c) a statement of that property which he has in his possession or intends to realise. (2) An administrator shall maintain accounts of his intromissions with the property in his charge and shall, subject to paragraph (3)– (a) within six months after the date of his appointment; and (b) at six monthly intervals after the first account during the subsistence of his appointment, lodge with the Accountant of Court an account of his intromissions in such form, with such supporting vouchers and other documents, as the Accountant of Court may require. (3) The Accountant of Court may waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period. ## 3.9.14 State of funds and scheme of division (1) The administrator shall– (a) where there are funds available for division, prepare a state of funds after application of sums in accordance with paragraph 4(2) of Schedule 1 to the Act, and a scheme of division amongst those who held property which has been realised under the Act and lodge them and all relevant documents with the Accountant of Court; or (b) where there are no funds available for division, prepare a state of funds only and lodge it with the Accountant of Court, and give to the Accountant of Court such explanations as he shall require. (2) The Accountant of Court shall– (a) make a written report on the state of funds and any scheme of division including such observations as he considers appropriate for consideration by the sheriff; and (b) return the state of funds and any scheme of division to the administrator with his report. (3) The administrator shall, on receiving the report of the Accountant of Court– (a) lodge in process the report, the state of funds and any scheme of division; (b) intimate a copy of it to the prosecutor; and (c) intimate to each person who held property which has been realised under the Act a notice stating– (i) that the state of funds and scheme of division or the state of funds only, as the case may be, and the report of the Accountant of Court, have been lodged in process; and (ii) the amount for which that person has been ranked, and whether he is to be paid in full, or by a dividend, and the amount of it, or that no funds are available for payment. ## 3.9.15 Objections to scheme of division (1) A person wishing to be heard by the sheriff in relation to the distribution of property under paragraph 4(3) of Schedule 1 to the Act shall lodge a note of objection in the process to which the scheme of division relates within 21 days of the date of the notice intimated under rule 3.9.14(3)(c). (2) After the period for lodging a note of objection has expired and no note of objection has been lodged, the administrator may apply by motion for approval of the scheme of division and state of funds, or the state of funds only, as the case may be. (3) After the period for lodging a note of objection has expired and a note of objection has been lodged, the sheriff shall dispose of such objection after hearing any objector and the administrator and making such inquiry as he thinks fit. (4) If any objection is sustained to any extent, the necessary alterations shall be made to the state of funds and any scheme of division and shall be approved by the sheriff. ## 3.9.16 Application for discharge of administrator (1) Where the scheme of division is approved by the sheriff and the administrator has paid, delivered or conveyed to the persons entitled the sums or receipts allocated to them in the scheme, the administrator may apply for his discharge. (2) An application to the sheriff for discharge of the administrator shall be made by note in the process of the application under paragraph 1(1) of Schedule 1 to the Act. ## 3.9.17 Appeals against determination of outlays and remuneration An appeal to the sheriff under paragraph 6(2) of Schedule 1 to the Act (appeal against a determination by the Accountant of Court) shall be made by note in the process of the application in which the administrator was appointed. ### Chapter PART X: RATING (DISABLED PERSONS) ACT 1978 ## 3.10.1 Interpretation and application (1) In this Part, “the Act” means the Rating (Disabled Persons) Act 1978. (2) This Part applies to appeals under section 6(5) or 6(5A) of the Act. ## 3.10.2 Appeals under section 6(5) or 6(5A) of the Act Any appeal under this Part shall be lodged within 42 days of the date on which the application to the rating authority is refused by the authority. ### Chapter PART XI: REPRESENTATION OF THE PEOPLE ACT 1983 ## 3.11.1 Interpretation and application (1) In this Part– “sheriff clerk” means, except in rules 3.11.2, 3.11.22 and 3.11.23, the sheriff clerk of the sheriff court district where the trial of the election petition is to take place; “the Act” means the Representation of the People Act 1983. (2) In this Part– (a) rules 3.11.2 to 3.11.21 apply to election petitions under the Act; and (b) rules 3.11.22 to 3.11.24 apply to registration appeals under section 56 of the Act where the appellant is a person– (i) whose entry in the register is an anonymous entry; or (ii) who has applied for such an entry. ## 3.11.2 Initiation of proceedings (1) The election petition shall be lodged with the sheriff clerk of a sheriff court district within which the election questioned has taken place. (2) The sheriff clerk shall without delay transmit it to the sheriff principal who shall forthwith appoint– (a) the time and place for trial of the petition; (b) the amount of the security to be given by the petitioner; and (c) if he thinks fit, answers to be lodged within a specified time after service. (3) Service in terms of section 136(3) of the Act (security for costs) shall be effected– (a) personally within– (i) 5 days; or (ii) such other period as the sheriff principal may appoint, of the giving of security; or (b) by first class recorded delivery post within– (i) 5 days; or (ii) such other period as the sheriff principal may appoint, of the giving of security. ## 3.11.3 Security for expenses by bond of caution (1) If the security proposed is in whole or in part by bond of caution, it shall be given by lodging with the sheriff clerk a bond for the amount specified by the sheriff principal. (2) Such bond shall– (a) recite the nature of the petition; and (b) bind and oblige the cautioner and the petitioner jointly and severally, and their respective heirs, executors and successors whomsoever, that the petitioner shall make payment of all costs, charges and expenses that may be payable by him to any person by virtue of any order or decree pronounced in the petition. (3) The sufficiency of the cautioner must be attested to the satisfaction of the sheriff clerk, as in the case of judicial bonds of caution. ## 3.11.4 Objections to bond of caution (1) Objections to a bond of caution shall be lodged with the sheriff clerk within 14 days of service in terms of section 136(3) of the Act. (2) Objections shall be heard and disposed of by the sheriff clerk. (3) If any objection is allowed, it may be removed by a deposit of such sum of money as the sheriff clerk shall determine, made in the manner provided in rule 3.11.5 and within 5 days after the date of the sheriff clerk’s determination. ## 3.11.5 Security by deposit (1) Security tendered in whole or in part by deposit of money shall be made in such bank as the sheriff clerk may select. (2) The deposit receipt shall be– (a) taken in joint name of the petitioner and the sheriff clerk; (b) handed to the sheriff clerk; and (c) held by the sheriff clerk subject to the orders of the court in the petition. ## 3.11.6 Amendment of pleadings (1) Subject to paragraph (2), the sheriff principal shall have power at any stage to allow the petition and any answers to be amended upon such condition as to expenses or otherwise as he shall think fit. (2) No amendment altering the ground upon which the election was questioned in the petition as presented shall be competent, except to the extent sanctioned by section 129(6) of the Act (time for presentation or amendment of petition questioning local election). ## 3.11.7 Notice of date and place of trial (1) The sheriff clerk shall, as soon as he receives intimation of the time and place fixed for trial– (a) display a notice thereof on the walls of his principal office; and (b) send by first class post one copy of such notice to– (i) the petitioner; (ii) the respondent; (iii) the Lord Advocate; and (iv) the returning officer. (2) The returning officer on receipt of notice from the sheriff clerk shall forthwith publish the time and place fixed for trial in the area for which the election questioned was held. (3) Subject to paragraph (4), display of a notice in accordance with paragraph (1)(a) shall be deemed to be notice in the prescribed manner within the meaning of section 139(1) of the Act (trial of petition) and such notice shall not be vitiated by any miscarriage of or relating to all or any copies sent by post. (4) At any time before the trial it shall be competent for any party interested to bring any miscarriage of notice sent by post before the sheriff principal, who shall deal therewith as he may consider fit. ## 3.11.8 Clerk of court The sheriff clerk shall attend and act as clerk of court at the trial of the petition. ## 3.11.9 Shorthand writer’s charges The shorthand writer’s charges, as approved by the sheriff principal, shall be paid in the first instance by the petitioner. ## 3.11.10 Appeals The application to state a special case referred to in section 146(1) of the Act (special case for determination of the Court of Session) shall be made by minute in the petition proceedings. ## 3.11.11 List of votes objected to and of objections (1) When a petitioner claims the seat for an unsuccessful candidate, alleging that such candidate had a majority of lawful votes, he and the respondent shall, 5 days before the day fixed for the trial, respectively deliver to the sheriff clerk, and send by first class post to the other party and the Lord Advocate, a list of the votes intended to be objected to, and of the objections to each such vote. (2) The sheriff clerk shall allow inspection of such list to all parties concerned. (3) No evidence shall be allowed to be given against any vote or in support of any objection not specified in such list, except by leave of the sheriff principal granted upon such terms as to the amendment of the list, postponement of the trial, and payment of expenses as to him may seem fit. ## 3.11.12 Petition against undue return (1) When on the trial of a petition complaining of an undue return and claiming the office for some person, the respondent intends to give evidence to prove that that person was not duly elected, such respondent shall, 5 days before the day appointed for the trial, deliver to the sheriff clerk, and send by first class post to the petitioner and the Lord Advocate, a list of the objections to the election upon which he intends to rely. (2) No evidence shall be allowed to be given by a respondent in support of any objection to the election not specified in such list except by leave of the sheriff principal granted upon such terms as to the amendment of the list, postponement of the trial, and payment of expenses as to him may seem fit. ## 3.11.13 Prescribed officer The sheriff clerk shall be the prescribed officer for the purposes of sections 143(1) (expenses of witnesses) and 155(2) (neglect or refusal to pay costs) of the Act. ## 3.11.14 Leave to abandon (1) Application for leave to withdraw a petition in terms of section 147(1) of the Act (withdrawal of petition), shall be made by minute in Form 17 and shall be preceded by written notice of the intention to make it, sent by first class post to– (a) the respondent; (b) the Lord Advocate; and (c) the returning officer. (2) The returning officer shall forthwith publish the fact of his having received such notice in the area for which the election questioned was held. (3) The sheriff principal, upon the application being laid before him, shall by interlocutor, fix the time, not being earlier than 8 days after the date of the interlocutor, and place for hearing it. (4) The petitioner shall, at least 6 days before the day fixed for the hearing, publish in a newspaper circulating in the district named in the interlocutor a notice in Form 18. ## 3.11.15 Death of petitioner (1) In the event of the death of the sole petitioner, or of the last survivor of several petitioners, the sheriff clerk shall forthwith, upon the fact being brought to his knowledge, insert in a newspaper circulating in the district a notice in Form 19. (2) The time within which any person who might have been a petitioner in respect of the election may apply to the court by minute in the petition proceedings to be substituted as a petitioner shall be 21 days from the date of publication of such notice. ## 3.11.16 Notice by respondent that he does not oppose petition (1) Notice that a respondent does not intend to oppose a petition shall be given by leaving a written notice to that effect at the office of the sheriff clerk at least 6 days (exclusive of the day of leaving such notice) before the day fixed for the trial. (2) On such notice being left with the sheriff clerk, or on its being brought to his knowledge that a respondent other than a returning officer has died, resigned, or otherwise ceased to hold the office to which the petition relates, the sheriff clerk shall forthwith– (a) advertise the fact once in a newspaper circulating in the district; and (b) send intimation thereof by first class post to– (i) the petitioner; (ii) the Lord Advocate; and (iii) the returning officer, who shall publish the fact in the district. (3) The advertisement to be made by the sheriff clerk shall state the last day on which, under this Part, application to be admitted as a respondent to oppose the petition can be made. ## 3.11.17 Application to be admitted as respondent Application to be admitted as a respondent to oppose a petition on the occurrence of any of the events mentioned in section 153(1) of the Act (withdrawal and substitution of respondents before trial) must be made by minute in the petition proceedings within 10 days after the date of publication of the advertisement mentioned in rule 3.11.16, unless the sheriff principal on cause shown sees fit to extend the time. ## 3.11.18 Public notice of trial not proceeding (1) This rule applies where after the notice of trial has been published the sheriff clerk receives notice of– (a) the petitioner’s intention to apply for leave to withdraw; (b) the respondent’s intention not to oppose; (c) the abatement of the petition by death; or (d) the occurrence of any of the events mentioned in section 153(1) of the Act. (2) Where this rule applies the sheriff clerk shall forthwith give notice by advertisement inserted once in a newspaper circulating in the district, that the trial will not proceed on the day fixed. ## 3.11.19 Notice to a party’s agent sufficient Where a party to proceedings under this Part is represented by a solicitor any reference to such party shall, where appropriate, be construed as a reference to the solicitor representing that party and a notice sent to his solicitor shall be held to be notice to the party. ## 3.11.20 Cost of publication Where under this Part the returning officer or the sheriff clerk requires to have published a notice or advertisement, the cost shall be paid in the first instance by the petitioner or in the case of a notice under rule 3.11.15 from the estate of the sole or last surviving petitioner and shall form part of the general expenses of the petition. ## 3.11.21 Expenses The expenses of petitions and other proceedings under the Act shall be taxed by the auditor of the sheriff court. ## 3.11.22 Application for serial number (1) Where a person desiring to appeal wishes to prevent his identity being disclosed he may, before lodging the appeal, apply to the sheriff clerk for a serial number to be assigned to him for all purposes connected with the appeal. (2) On receipt of an application for a serial number, the sheriff clerk shall assign such a number to the applicant and shall enter a note of it opposite the name of the applicant in the register of such serial numbers. (3) The contents of the register of serial numbers and the names of the persons to whom each number relates shall be treated as confidential by the sheriff clerk and shall not be disclosed to any person other than– (a) the sheriff; (b) the registration officer whose decision or determination is the subject of the appeal. (4) In this rule and in rule 3.11.23 “sheriff clerk” means the sheriff clerk of the sheriff court district in which the appeal is or is to be raised. ## 3.11.23 Confidentiality Unless the sheriff otherwise directs, all documents lodged in process of an appeal to which this rule applies are to be available only to the sheriff and the parties; and such documents are to be treated as confidential by all persons involved in, or party to, the proceedings and by the sheriff clerk. ## 3.11.24 Hearing The hearing of an appeal to which this rule applies is to be in private. ### Chapter PART XII: REQUESTS OR APPLICATIONS UNDER THE MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION ## 3.12.1 Interpretation In this Part, “the Model Law” means the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration as set out in Schedule 7 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. ## 3.12.2 Application (1) Subject to sub-paragraph (2), any request or application which may be made to the sheriff under the Model Law shall be made by summary application. (2) Where proceedings involving the same arbitration and the same parties are already pending before the sheriff under this Part, a further application or request may be made by note in the same process. (3) The sheriff shall order service of such summary application or note to be made on such persons as he considers appropriate. ## 3.12.3 Recognition and enforcement of awards (1) There shall be lodged along with an application under Article 35 of the Model Law– (a) the original arbitration agreement or certified copy thereof; (b) the duly authenticated original award or certified copy thereof; and (c) where appropriate, a duly certified translation in English of the agreement and award. (2) An application under this paragraph shall specify whether to the knowledge of the applicant– (a) the arbitral award has been recognised, or is being enforced, in any other jurisdiction; and (b) an application for setting aside or suspension of the arbitral award has been made to a court of the country in which or under whose law the award was made. (3) Where the sheriff is satisfied that an arbitral award should be recognised and enforced, he shall so order and shall instruct the sheriff clerk to register the award in the Books of the Sheriff Court for execution. ### Chapter PART XIII: SEX DISCRIMINATION ACT 1975 ## 3.13.1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.13.2 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.13.3 Taxation of Commission expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.13.4 Proceedings under section 66 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ### Chapter PART XIV: ACCESS TO HEALTH RECORDS ACT 1990 ## 3.14.1 Interpretation and application (1) In this Part– “the Act” means the Access to Health Records Act 1990; and “the Reg” means the Access to Health Records (Steps to Secure Compliance and Complaints Procedures) (Scotland) Regulations 1991. (2) This Part applies to applications under section 8(1) of the Act (applications to the court for order to comply with requirement of the Act). ## 3.14.2 Accompanying documents An application shall specify those steps prescribed in the Regulations which have been taken by the person concerned to secure compliance with any requirement of the Act, and when lodged in process shall be accompanied by– (a) a copy of the application under section 3 of the Act (applications for access to a health record); (b) a copy of the complaint under regulation 3 or 4 of the Regulations (complaint about non-compliance with the Act); and (c) if applicable, a copy of the report under regulation 6 of the Regulations (report in response to complaint). ## 3.14.3 Time of making application The application shall be made where the applicant– (a) has received a report in accordance with regulation 6 of the Regulations, within one year of the date of the report; (b) has not received such a report, within 18 months of the date of the complaint. ### Chapter PART XV: RACE RELATIONS ACT 1976 ## 3.15.1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.15.2 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.15.3 Intimation of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.15.4 Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ### Chapter PART XVI: ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000 ## 3.16.1 Interpretation In this Part– ... “the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000; “the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003; “adult” means a person who is the subject of an application under the 2000 Act and– (a)has attained the age of 16 years; or (b)in relation to an application for a guardianship order, will attain the age of 16 years within 3 months of the date of the application; “authorised establishment” has the meaning ascribed to it in section 35(2) of the 2000 Act; “continuing attorney” means a person on whom there has been conferred a power of attorney granted under section 15(1) of the 2000 Act; “guardianship order” means an order made under— (a)section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995; or (b)section 58(4) of the 2000 Act; “incapable” has the meaning ascribed to it at section 1(6) of the 2000 Act, and “incapacity” shall be construed accordingly; “intervention order” means an order made under section 53(1) of the 2000 Act; “local authority” has the meaning ascribed to it by section 87(1) of the 2000 Act; “managers” has the meaning ascribed to it in paragraph 1 of Schedule 1 to the 2000 Act; “Mental Welfare Commission” has the meaning ascribed to it by section 87(1) of the 2000 Act; “named person” has the meaning ascribed to it by section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003; “nearest relative” means, subject to section 87(2) of the 2000 Act, the person who would be, or would be exercising the functions of, the adult’s nearest relative under sections 53 to 57 of the 1984 Act if the adult were a patient within the meaning of that Act and notwithstanding that the person neither is or was caring for the adult for the purposes of section 53(3) of that Act; “power of attorney” includes a factory and commission; “primary carer” means the person or organisation primarily engaged in caring for an adult; “Public Guardian” shall be construed in accordance with section 6 of the 2000 Act; and “welfare attorney” means a person on whom there has been conferred a power of attorney granted under section 16(1) of the 2000 Act. ## 3.16.2 Appointment of hearing On an application or other proceedings being submitted under or in pursuance of the 2000 Act the sheriff shall– (a) fix a hearing; (b) order answers to be lodged (where he considers it appropriate to do so) within a period that he shall specify; and (c) appoint service and intimation of the application or other proceedings. ## 3.16.3 Place, and privacy, of any hearing The sheriff may, where he considers it appropriate in all the circumstances, appoint that the hearing of an application or other proceedings shall take place– (a) in a hospital, or any other place than the court building; (b) in private. ## 3.16.4 Service of application and renewal proceedings (1) Service of the application or other proceedings and subsequent proceedings, including proceedings for renewal of guardianship orders, shall be made in Form 20 on — (a) the adult; (b) the nearest relative of the adult; (c) the primary carer of the adult (if any); (d) the named person of the adult (if any); (e) any guardian, continuing attorney or welfare attorney of the adult who has any power relating to the application or proceedings; (f) the Public Guardian; (g) where appropriate, the Mental Welfare Commission; (h) where appropriate, the local authority; (i) where a guardianship order has been made under section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995, to the Lord Advocate and, where the order was made by— (i) the High Court of Justiciary, to the Clerk of Justiciary; or (ii) a sheriff, to the sheriff clerk of the Sheriff Court in which the order was made; and (j) any other person directed by the sheriff. (2) Where the applicant is an individual person without legal representation service shall be effected by the sheriff clerk. (3) Where the adult is in an authorised establishment the person effecting service shall not serve Form 20 on the adult under paragraph (1)(a) but shall instead serve Forms 20 and 21, together with Form 22, on the managers of that authorised establishment by– (a) first class recorded delivery post; or (b) personal service by a sheriff officer. (4) On receipt of Forms 20 and 21 in terms of paragraph (3) the managers of the authorised establishment shall, subject to rule 3.16.5– (a) immediately deliver the notice in Form 20 to the adult; and (b) as soon as practicable thereafter , and in any event before the date of the hearing specified in Form 20, complete and return to the sheriff clerk a certificate of such delivery in Form 22. (5) Where the application or other proceeding follows on a remit under rule 3.16.9 the order for service of the application shall include an order for service on the Public Guardian or other party concerned. (6) Where the application is for an intervention order or a guardianship order, copies of the reports lodged in accordance with section 57(3) of the 2000 Act (reports to be lodged in court along with application) shall be served along with Form 20, or Forms 20, 21 and 22 as the case may be. ## 3.16.5 Dispensing with service on adult (1) Where, in relation to any application or proceeding under or in pursuance of the 2000 Act, two medical certificates are produced stating that intimation of the application or other proceeding, or notification of any interlocutor relating to such application or other proceeding, would be likely to pose a serious risk to the health of the adult the sheriff may dispense with such intimation or notification. (2) Any medical certificates produced under paragraph (1) shall be prepared by medical practitioners independent of each other. (3) In any case where the incapacity of the adult is by reason of mental disorder, one of the two medical practitioners must be a medical practitioner approved for the purposes of section 22(4) of the 2003 Act as having special experience in the diagnosis or treatment of mental disorder. ## 3.16.6 Hearing (1) A hearing to determine any application or other proceeding shall take place within 28 days of the interlocutor fixing the hearing under rule 3.16.2 unless any person upon whom the application is to be served is outside Europe. (2) At the hearing referred to in paragraph (1) the sheriff may determine the application or other proceeding or may order such further procedure as he thinks fit. ## 3.16.7 Prescribed forms of application (1) An application submitted to the sheriff under or in pursuance of the 2000 Act, other than an appeal or remitted matter, shall be in Form 23. (2) An appeal to the sheriff under or in pursuance of the 2000 Act shall be in Form 24. ## 3.16.8 Subsequent applications (1) Unless otherwise prescribed in this Part or under the 2000 Act, any application or proceedings subsequent to an initial application or proceeding considered by the sheriff , including an application to renew an existing order, shall take the form of a minute lodged in the process. (1ZA) Where a guardianship order has been made under section 57(2)(c) or section 58(1A) of the Criminal Procedure (Scotland) Act 1995, an application to renew it shall be made— (a) on the first such application, in Form 23; (b) on any subsequent application, in the form of a minute lodged in the process. (1A) Except where the sheriff otherwise directs, any minute lodged under this rule shall be lodged in accordance with, and regulated by, Chapter 14 of the Ordinary Cause Rules. (2) Where any subsequent application or proceedings under paragraph (1) above are made to a court in another sheriffdom the sheriff clerk shall transmit the court process to the court dealing with the current application or proceeding. (3) Transmission of the process in terms of paragraph (2) shall be made within 4 days of it being requested by the sheriff clerk of the court in which the current application or proceedings have been raised. (4) Where the application is for renewal of a guardianship order, a copy of any report lodged under section 60 of the 2000 Act shall be served along with the minute. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.16.9 Remit of applications by the Public Guardian etc. Where an application is remitted to the sheriff by the Public Guardian or by any other party authorised to do so under the 2000 Act the party remitting the application shall, within 4 days of the decision to remit, transmit the papers relating to the application to the sheriff clerk of the court where the application is to be considered. ## 3.16.10 Caution and Other Security (1) Where the sheriff requires a person authorised under an intervention order or any variation of an intervention order, or appointed as a guardian, to find caution he shall specify the amount and period within which caution is to be found in the interlocutor authorising or appointing the person or varying the order (as the case may be). (1A) The amount of caution specified by the sheriff in paragraph (1) may be calculated and expressed as a percentage of the value of the adult’s estate. (2) The sheriff may, on application made by motion before the expiry of the period for finding caution and on cause shown, allow further time for finding caution in accordance with paragraph (1). (3) Caution shall be lodged with the Public Guardian. (4) Where caution has been lodged to the satisfaction of the Public Guardian he shall notify the sheriff clerk. (5) The sheriff may at any time while a requirement to find caution is in force– (a) increase the amount of, or require the person to find new, caution; or (b) authorise the amount of caution to be decreased. (6) Where the sheriff requires the person referred to in paragraph (1) to give security other than caution, the rules of Chapter 27 of the Ordinary Cause Rules shall apply with the necessary modifications. ## 3.16.11 Appointment of interim guardian An application under section 57(5) of the 2000 Act (appointment of interim guardian) may be made in the crave of the application for a guardianship order to which it relates or, if made after the submission of the application for a guardianship order, by motion in the process of that application. ## 3.16.12 Registration of intervention order or guardianship order relating to heritable property Where an application for an intervention order or a guardianship order seeks to vest in the person authorised under the order, or the guardian, as the case may be, any right to deal with, convey or manage any interest in heritable property which is recorded or capable of being recorded in the General Register of Sasines or is registered or capable of being registered in the Land Register of Scotland, the applicant must specify the necessary details of the property in the application to enable it to be identified in the Register of Sasines or the Land Register of Scotland, as the case may be. ## 3.16.13 Non-compliance with decisions of guardians with welfare powers (1) Where the court is required under section 70(3) of the 2000 Act to intimate an application for an order or warrant in relation to non-compliance with the decision of a guardian with welfare powers, the sheriff clerk shall effect intimation in Form 20 in accordance with paragraphs (2) and (3). (2) Intimation shall be effected– (a) where the person is within Scotland, by first class recorded delivery post, or, in the event that intimation by first class recorded delivery post is unsuccessful, by personal service by a sheriff officer; or (b) where the person is furth of Scotland, in accordance with rule 2.12 (service on persons furth of Scotland). (3) Such intimation shall include notice of the period within which any objection to the application shall be lodged. ### Chapter PART XVII: ANTI-TERRORISM, CRIME AND SECURITY ACT 2001 ## 3.17.1 Interpretation In this Part, any reference to a specified paragraph shall be construed as a reference to the paragraph bearing that number in Schedule 1 to the Anti-terrorism, Crime and Security Act 2001. ## 3.17.2 Applications for extended detention of cash or seized property (1) An application to the sheriff for an order under paragraph 3(2) (extended detention of seized cash) or paragraph 10D(1) (further detention of seized property) shall be made by summary application. (2) An application for any further order for the detention of cash under paragraph 3(2) or seized property under paragraph 10D(1) shall be made by minute in the original process and shall be proceeded with in accordance with sub-paragraph (3) below. (3) On the lodging of an application for any further order the sheriff shall– (a) fix a date for determination of the application; and (b) except where paragraph (4) below applies, order service of the application together with notice of such date for determination on any persons whom he considers may be affected. (4) This paragraph applies where the sheriff determines under paragraph 3(3A) or 10D(4) that the application is to be made and heard without notice. ## 3.17.3 Applications for release of detained cash or detained property (1) An application to the sheriff under— (a) paragraph 5(2) (application for release of detained cash) or paragraph 9(1) (application by person who claims that cash belongs to that person) must be made— (i) in the course of proceedings for an order under paragraph 3(2); or (ii) where an order has been made under paragraph 3(2), by minute in the process of the application for that order; (b) paragraph 10F (release of detained property) must be made— (i) in the course of proceedings for an order under paragraph 10D(1); or (ii) where an order has been made under paragraph 10D(1), by minute in the process of the application for that order; (c) paragraph 10O (victims) must be made— (i) in the course of proceedings for an order under paragraph 10D(1) or 10G(2) (forfeiture); or (ii) where an order under paragraph 10D(1) or 10G(2) has been made, by minute in the process of the application for that order. (2) On the lodging of such an application the sheriff shall– (a) fix a date for a hearing; and (b) order service of the application together with notice of such hearing on the procurator fiscal and any other person whom he considers may be affected by the granting of such an application. ## 3.17.4 Applications for forfeiture of detained cash or detained property (1) An application to the sheriff for an order under— (a) paragraph 6(1)(b) (application for forfeiture of detained cash), where the court has made an order under paragraph 3(2); (b) paragraph 10G(1)(b) (forfeiture), where the court has made an order under paragraph 10D(1), must be made by minute in the process of the application for that order. (2) On the lodging of such an application the sheriff shall– (a) fix a date for a hearing; and (b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application. ## 3.17.5 Applications for compensation (1) An application to the sheriff for an order under— (a) paragraph 10(1) (compensation), where the court has made an order under paragraph 3(2); (b) paragraph 10P(1) (compensation), where the court has made an order under paragraph 10D(1); (c) paragraph 10Z7(2) (compensation), where the court has made an order under paragraph 10Q (application for account freezing order), must be made by minute in the process of the application for that order. (2) On the lodging of such an application the sheriff shall– (a) fix a date for a hearing; and (b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application. ## 3.17.6 Variation and recall of account freezing orders and applications to set aside forfeiture (1) An application to the sheriff for an order under paragraph 10T(1) (variation and setting aside of account freezing order) must be made by minute in the process of the application for that order. (2) An application to the sheriff for an order under paragraph 10Z (application to set aside forfeiture) must be made by summary application. (3) On the lodging of an application under paragraph (1) or (2) above the sheriff must— (a) fix a date for a hearing; and (b) order service of the application together with notice of such hearing on any person whom the sheriff considers may be affected by the granting of such an application. ## 3.17.7 Applications for forfeiture order (1) An application to the sheriff for an order under paragraph 10Z2(2)(b) (forfeiture order) must be made by minute in the process of the application for the associated account freezing order. (2) On the lodging of such an application the sheriff must— (a) fix a date for a hearing; and (b) order service of the application together with notice of such hearing on any person whom the sheriff considers may be affected by the granting of such an application. ## 3.17.8 Associated and joint property: transfer to Court of Session (1) This rule applies where the sheriff makes a transfer to the Court of Session under paragraph 10J (associated and joint property: default of agreement) of an application made under paragraph 10G(1)(b). (2) No later than 4 days after the sheriff has pronounced an interlocutor transferring the application to the Court of Session under paragraph 10J, the sheriff clerk must— (a) send written notice of the transfer to the parties; (b) certify on the interlocutor sheet that sub-paragraph (a) has been complied with; and (c) transmit the process to the Deputy Principal Clerk of Session. (3) Failure by a sheriff clerk to comply with paragraph (2)(a) or (b) above does not affect the validity of the transfer. ### Chapter PART XVIII: LOCAL GOVERNMENT (SCOTLAND) ACT 1973 ## 3.18.1 Application —This Part applies to appeals to the sheriff principal under section 103J of the Local Government (Scotland) Act 1973 (appeals from the Accounts Commission for Scotland). ## 3.18.2 Appeals (1) An appeal under this Part shall be made by summary application. (2) A summary application made under paragraph (1) shall include grounds of appeal stating– (a) the finding or sanction or suspension being appealed; (b) reasons why the appeal should be allowed; and (c) the date of sending of the finding or imposition of the sanction or suspension concerned, and shall be accompanied by a copy of such finding, sanction or suspension. ## 3.18.3 Warrant and form of citation (1) A warrant for citation in an appeal under this Part shall be in Form 2A and shall state– (a) the date by which answers should be lodged; and (b) the date and time when the appeal will call. (2) Citation in respect of a warrant granted under paragraph (1) shall be in Form 3A. (3) Where a party on whom service has been made lodges answers under paragraph (1)(a) that party shall, at the same time, send a copy to the applicant. ### Chapter PART XIX: PROCEEDS OF CRIME ACT 2002 ### General ## 3.19.1 Interpretation and application (1) In this Part– “the Act” means the Proceeds of Crime Act 2002; “the 2005 Order” means the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005; “external order” has the meaning set out in section 447(2) of the Act; references to an administrator are to an administrator appointed under section 125(1) or 128(3); a reference to a specified section is a reference to the section bearing that number in the Act; and any reference to a specified paragraph in a specified Schedule is a reference to the paragraph bearing that number in the Schedule of that number in the Act. (2) This Part applies to applications to the sheriff under Parts 3, ... 5 and 8 of the Act; but it only applies to applications under Part 8 in relation to property that is the subject of a— (a) civil recovery investigation; (b) detained cash investigation; (c) detained property investigation; (d) frozen funds investigation; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) This Part applies to applications to the sheriff under Parts 5A and 5B of the 2005 Order. ### Recovery of cash or further detention of seized property in summary proceedings ## 3.19.2 Applications for extended detention of cash or property (1) An application to the sheriff for an order under sections 295(2) and (7) (extended detention of seized cash) or 303L(1)(b) (further detention of seized property) shall be made by summary application. (2) An application for any further order for the detention of cash under section 295(2) or seized property under section 303L(1)(b) shall be made by minute in the process of the original application for extended detention of seized cash or seizure of property and shall be proceeded with in accordance with sub-paragraph (3) below. (3) On the lodging of an application for any further order the sheriff shall– (a) fix a date for determination of the application; and (b) order service of the application together with notice of such date for determination on any persons whom he considers may be affected. ## 3.19.3 Applications for release of detained cash or detained property (1) An application to the sheriff under— (a) section 297(3) (application for release of detained cash) must be made— (i) in the course of proceedings for an order under section 295(2); or (ii) where an order has been made under section 295(2), by minute in the process of the application for that order; (b) section 301(1) (application by person who claims that cash belongs to that person) must be made— (i) in the course of proceedings for an order under section 295(2) or 298 (forfeiture); or (ii) where an order has been made under section 295(2) or 298, by minute in the process of the application for that order; (c) section 303N (release of detained property) must be made— (i) in the course of proceedings for an order under section 303L(1)(b); or (ii) where an order has been made under section 303L(1)(b), by minute in the process of the application for that order; (d) section 303V (victims and other owners) must be made— (i) in the course of proceedings for an order under section 303L(1)(b) or 303O(3) (forfeiture); or (ii) where an order has been made under section 303L(1)(b) or 303O(3), by minute in the process of the application for that order; (e) article 213S of the 2005 Order (victims and other owners) must be made— (i) in the course of proceedings for an order under article 213L(1) (forfeiture); or (ii) where an order has been made under article 213L(1), by minute in the process of the application for that order. (2) On the lodging of such an application the sheriff shall– (a) fix a date for a hearing; and (b) order service of the application together with notice of such hearing on the procurator fiscal and any other person whom he considers may be affected by the granting of such an application. ## 3.19.4 Applications for forfeiture of detained cash or detained property (1) An application to the sheriff under— (a) section 298(1)(b) (application by the Scottish Ministers for forfeiture of detained cash), where the court has made an order under section 295(2); (b) section 303O(1)(b), where the court has made an order under section 303L(1)(b), must be made by minute in the process of the application for that order. (1A) In an application to the sheriff under article 213L(1) of the 2005 Order, a certified copy of the external order to be registered must be produced with the application. (2) On the lodging of such an application the sheriff shall– (a) fix a date for a hearing; and (b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application. (3) Where the sheriff grants an application under article 213L(1) of the 2005 Order, the sheriff clerk must register the certified copy of the external order. ## 3.19.4A Variation and recall of account freezing orders and applications for forfeiture orders (1) An application to the sheriff for an order under section 303Z4(1) or article 213Z4 of the 2005 Order (variation and setting aside of account freezing order) must be made by minute in the process of the application for that order. (2) An application to the sheriff for an order under section 303Z14(2) or article 213Z7(3) of the 2005 Order (forfeiture order) must be made by summary application. (3) On the lodging of an application under paragraph (1) or (2) above the sheriff must— (a) fix a date for a hearing; (b) order service of the application together with notice of such hearing on any person whom the sheriff considers may be affected by the granting of such an application. ## 3.19.5 Applications for compensation (1) An application to the sheriff under— (a) section 302(1A) (compensation), where the court has made an order under section 295(2); (b) section 303W(1) (compensation), where the court has made an order under section 303L(1)(b); (c) section 303Z18(2) (compensation), where the court has made an order under section 303Z3, (d) article 213Z11(2) of the 2005 Order (compensation), where the court has made an order under article 213Z3 of the 2005 Order (making of account freezing order), must be made by minute in the process of the application for that order, and in any other case must be made by summary application. (2) On the lodging of such an application the sheriff shall– (a) fix a date for a hearing; and (b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application. ## 3.19.5A Associated and joint property: transfer to Court of Session (1) This rule applies where the sheriff makes a transfer to the Court of Session under section 303R or article 213O(1) of the 2005 Order (associated and joint property: default of agreement) of an application for an order under section 303O(1)(b) or article 213L(1) of the 2005 Order (forfeiture) respectively. (2) No later than 4 days after the sheriff has pronounced an interlocutor transferring the application to the Court of Session under section 303R or article 213O(1) of the 2005 Order the sheriff clerk must— (a) send written notice of the transfer to the parties; (b) certify on the interlocutor sheet that sub-paragraph (a) has been complied with; and (c) transmit the process to the Deputy Principal Clerk of Session. (3) Failure by a sheriff clerk to comply with paragraph (2)(a) or (b) above does not affect the validity of the transfer. ### Restraint and administration orders ## 3.19.6 Service of restraint orders The intimation to be made by the prosecutor under section 121(3) shall be made by serving a copy of the interlocutor granting a restraint order on every person named in the interlocutor as restrained by the order. ## 3.19.7 Recall or variation of restraint orders An application to the sheriff under section 121(5) (variation or recall of restraint order) shall be made by minute in the process of the application for the restraint order. ## 3.19.7A Application for certification of domestic restraint order (1) In this rule— (a) “the 2014 Regulations” means the Criminal Justice and Data Protection Protocol No. 36 Regulations 2014 and (b) “domestic restraint order” and “specified information” have the meanings given by paragraph 1 of schedule 1 of the 2014 Regulations. (2) An application by the prosecutor for a certificate under paragraph 2 of schedule 1 of the 2014 Regulations (domestic restraint orders: certification) is made by minute and must— (a) contain the specified information; and (b) set out why the prosecutor considers that the property to which the application relates has been used or is likely to be used for the purposes of an offence or is the proceeds of an offence. (3) Where the court makes a certificate it must— (a) do so in the form annexed to Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; and (b) provide in the domestic restraint order for notice to be given in accordance with paragraph 2(4) of schedule 1 to the 2014 Regulations. ## 3.19.8 Appeals to the Court of Session (1) An appeal against an interlocutor of the sheriff refusing, varying or recalling or refusing to vary or recall a restraint order shall be marked within 14 days after the date of the interlocutor concerned. (2) Such an appeal shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms:– “The applicant appeals to the Court of Session.”. (3) The note of appeal shall– (a) be signed by the appellant; (b) bear the date on which it is signed; and (c) where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him in the appeal. (4) The sheriff clerk will transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session. (5) Within the period specified in paragraph (4), the sheriff clerk shall– (a) send written notice of the appeal to every other party; and (b) certify on the interlocutor sheet that he has done so. (6) Failure of the sheriff clerk to comply with paragraph (5) shall not invalidate the appeal. ## 3.19.9 Applications in relation to arrestment (1) An application to the sheriff under section 124(1) (arrestment of property affected by restraint order) by the prosecutor for warrant for arrestment may be made– (a) in the application made under section 121(2) (application for restraint order); or (b) if made after a restraint order has been applied for, by minute in the process of the application for that order. (2) An application to the sheriff under section 124(3) (recalling, loosing or restricting arrestment) or under section 124(6) (recall or restriction of arrestment) shall be made by minute in the process of the application for the restraint order. ## 3.19.10 Applications for appointment of administrators (1) An application to the sheriff under section 125(1) (appointment of management administrator) shall be made by minute in the process of the application for the restraint order. (2) An application to the sheriff under section 128(2) (appointment of enforcement administrator) shall be made– (a) where made after a restraint order has been made, by minute in the process of the application for that order; or (b) in any other case, by summary application. (3) The notification to be made by the sheriff clerk under section 125(3) or 128(8) (as the case may be) shall be made by intimation of a copy of the interlocutor to the accused and the persons subject to the order. ## 3.19.11 Incidental applications in relation to an administration An application to the sheriff subsequent to the appointment of an administrator relating to any matter incidental to that appointment shall be made by minute in the process of the application in which the administrator was appointed. ## 3.19.12 Documents for Accountant of Court (1) A person who has lodged any document in the process of an application for the appointment of an administrator shall forthwith send a copy of that document to the Accountant of Court. (2) The sheriff clerk shall transmit to the Accountant of Court any part of the process as the Accountant of Court may request in relation to an administration which is in dependence before the sheriff unless such part of the process is, at the time of request, required by the sheriff. ## 3.19.13 Procedure for fixing and finding caution (1) The Accountant of Court shall forthwith, on receiving intimation of an application for the appointment of an administrator, fix the caution to be found in the event of appointment being made and shall notify the amount to the sheriff clerk and the applicant. (2) During the subsistence of the appointment of the administrator, the Accountant of Court may, at any time– (a) require the administrator to increase the amount of or find new or additional caution; or (b) authorise the administrator to decrease the amount of existing caution. ## 3.19.14 Time for finding caution (1) Where the time within which caution is to be found is not stipulated in the interlocutor appointing the administrator, the time allowed for finding caution shall be, subject to paragraph (2) of this rule, limited to one calendar month from the date of the interlocutor. (2) The sheriff may, on application made before the expiry of the period for finding caution, and, on cause shown, allow further time for finding caution. ## 3.19.15 Procedure on finding caution (1) Caution shall be lodged with the Accountant of Court. (2) Where caution has been found to the satisfaction of the Accountant of Court, he shall notify the sheriff clerk. ## 3.19.16 Issue of certified copy interlocutor (1) A certified copy interlocutor of appointment of an administrator shall not be issued by the sheriff clerk until he receives notification from the Accountant of Court in accordance with rule 3.19.15(2). ## 3.19.17 Administrator’s title to act An administrator shall not be entitled to act until he has obtained a certified copy of the interlocutor appointing him. ## 3.19.18 Accounts (1) An administrator shall maintain accounts of his intromissions with the property in his charge and shall, subject to paragraph (2)– (a) within six months after the date of his appointment; and (b) at six monthly intervals after the first account during the subsistence of his appointment, lodge with the Accountant of Court an account of his intromissions in such form, with such supporting vouchers and other documents, as the Accountant of Court may require. (2) The Accountant of Court may waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period. ## 3.19.19 Application for discharge of administrator An application to the sheriff for discharge of an administrator shall be made by minute in the process of the application in which the administrator was appointed. ## 3.19.20 Appeals against determination of outlays and remuneration An appeal to the sheriff under paragraph 9(1) of Schedule 3 (appeal against a determination by the Accountant of Court) shall be made by minute in the process of the application in which the administrator was appointed. ### Detention and realisation of seized property ## 3.19.20A Discharge or variation of detention order An application to the sheriff under section 127N(2) (discharge, variation and lapse of detention order) shall be made by minute in the process of the application for an order extending the period for which property may be detained under section 127J. ## 3.19.20B Appeals to the Court of Session (1) This section shall apply to appeals against an interlocutor of the sheriff under the following sections— (a) section 127O(1) or (2); (b) section 131C(1), (2) or (4). (2) An appeal shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms— “The applicant [or affected person] appeals to the Court of Session.” (3) The note of appeal shall— (a) be signed by the appellant; (b) bear the date on which it is signed; and (c) where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him or her in the appeal. (4) The sheriff clerk shall transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session. (5) Within the period specified in paragraph (4), the sheriff clerk shall— (a) send written notice of the appeal to every other party; and (b) certify on the interlocutor sheet that he or she has done so. (6) Failure of the sheriff clerk to comply with paragraph (5) shall not invalidate the appeal. ### Civil recovery and detained cash investigations ## 3.19.21 Production orders (1) An application to the sheriff under section 382(2) (order to grant entry to premises) may be made– (a) in the application for the production order; or (b) if made after the production order has been made, by minute in the process of the application for that order. (2) A report to the sheriff under section 385(4) (report of failure to bring production order made in relation to an authorised government department to the attention of the officer concerned) shall take the form of a letter to the sheriff clerk. (3) An application to the sheriff under section 386(4) (discharge or variation of a production order or an order to grant entry) shall be made by minute in the process of the application for the production order. ## 3.19.22 Search warrants An application to the sheriff under section 387(1) (search warrant) shall be in the form of a summary application. ## 3.19.23 Customer information orders An application under section 403(4) (discharge or variation of a customer information order) shall be made by minute in the process of the application for the customer information order. ## 3.19.24 Account monitoring orders An application under section 408(4) (discharge or variation of an account monitoring order) shall be made by minute in the process of the application for the account monitoring order. ### Chapter PART XX: INTERNATIONAL CRIMINAL COURT (SCOTLAND) ACT 2001 ### General ## 3.20.1 Interpretation and application (1) In this Part– “the Act” means the International Criminal Court (Scotland) Act 2001; “ICC crime” has the same meaning as in section 28(1) of the Act; and a reference to a specified section is a reference to the section bearing that number in the Act, and any reference to a specified paragraph in a specified schedule is a reference to the paragraph bearing that number in the schedule of that number to the Act. (2) This Part applies to applications to the sheriff under Parts 1 and 2 of schedule 5 to the Act. ### Investigations of proceeds of ICC crime ## 3.20.2 Production or access orders (1) An order under Part 1 of schedule 5 to the Act may be made by the sheriff on a summary application by a person authorised for the purpose under section 19 of the Act. (2) Any such application may be made on an ex parte application to a sheriff in chambers. (3) Any such application must set out reasonable grounds for suspecting– (a) that a specified person has benefited from an ICC crime; and (b) that the material to which the application relates is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made. (4) Any application for variation or discharge of an order under Part 1 of schedule 5 to the Act shall be made by minute. ## 3.20.3 Search warrants (1) On a summary application by a person authorised under section 19 of the Act to the sheriff sitting as a court of civil jurisdiction, the sheriff may issue a warrant under Part 2 of the Act. (2) Any such application must set out grounds sufficient to satisfy the sheriff– (a) that a production or access order made in relation to material on the premises has not been complied with; (b) that– (i) there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime; (ii) there are grounds for making a production and access order in relation to material on the premises; and (ii) it would not be appropriate to make a production and access order in relation to the material for any of the reasons specified in paragraph 10(4) of schedule 5 to the Act; or (c) that– (i) there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime; (ii) there are reasonable grounds for suspecting that there is material on the premises which cannot be particularised at the time of the application, but which– (aa) relates to the specified person, or to the question of whether that person has benefited from an ICC crime, or to any question as to the extent or whereabouts of the proceeds of an ICC crime; and (bb) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made; and (iii) any of the circumstances specified in paragraph 10(6) of schedule 5 to the Act applies. ### Chapter PART XXI: IMMIGRATION AND ASYLUM ACT 1999 ## 3.21.1 Interpretation In this Part– “the Act” means the Immigration and Asylum Act 1999; and “an appeal” means an appeal to the sheriff under section 35A(1) or section 40B(1) of the Act. ## 3.21.2 Appeals (1) A person making an appeal against a decision by the Secretary of State to impose a penalty under section 32 or a charge under section 40 of the Act must, subject to paragraph (2), bring an appeal within 21 days after receiving the penalty notice or charge notice. (2) Where the appellant has given notice of objection to the Secretary of State under section 35(4) or section 40A(3) of the Act within the time prescribed for doing so, he must bring an appeal within 21 days after receiving notice of the Secretary of State’s decision under section 35(7) or section 40A(6) respectively of the Act in response to the notice of objection. ### Chapter PART XXII: CRIME AND DISORDER ACT 1998 ## 3.22.1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.22.2 Application for an interim ASBO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.22.3 Intimation of an ASBO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ### Chapter PART XXIII: ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 ## 3.23.1 Application This Part applies to appeals to the sheriff principal under sections 22 (appeals from commission) or 26 (appeals by water industry commissioner) of the Ethical Standards in Public Life etc. (Scotland) Act 2000. ## 3.23.2 Appeals (1) An appeal under this Part shall be made by summary application. (2) A summary application made under paragraph (1) shall include grounds of appeal stating– (a) which of the findings of, or sanction or suspension imposed by, the Standards Commission for Scotland is being appealed; (b) reasons why the appeal should be allowed; and (c) the date of the sending of that finding, or imposition of that sanction or suspension, and shall be accompanied by a copy of that finding, sanction or suspension. ## 3.23.3 Warrant and form of citation (1) A warrant for citation in an appeal under this Part shall be in Form 2A, or a form as near thereto as circumstances permit, and shall state– (a) the date by which answers should be lodged; and (b) the date and time when the appeal will call. (2) Citation in respect of a warrant granted under paragraph (1) shall be in Form 3A, or a form as near thereto as circumstances permit. (3) Where a party on whom service has been made lodges answers under paragraph (1)(a) that party shall, at the same time, send a copy to the appellant. ### Chapter PART XXIV: INTERNATIONAL PROTECTION OF ADULTS ## 3.24.1 Interpretation In this Part– “the Act” means the Adults with Incapacity (Scotland) Act 2000; “the Convention” means the Hague Convention of 13th January 2000 on the International Protection of Adults; “international measure” means any measure taken under the law of a country other than Scotland for the personal welfare, or the protection of property, of an adult with incapacity, where– (a)jurisdiction in the other country was based on the adult’s habitual residence there; or (b)the other country and the United Kingdom were when that measure was taken parties to the Convention, and jurisdiction in that other country was based on a ground of jurisdiction in the Convention; and “Public Guardian” shall be construed in accordance with section 6 (the public guardian and his functions) of the Act. ## 3.24.2 Application (1) An application to register an international measure under paragraph 8(1) of schedule 3 to the Act shall be by summary application made under this Part. (2) The original document making the international measure, or a copy of that document duly certified as such by an officer of the issuing or a requesting body, shall be lodged with an application under paragraph (1), together with (as necessary) an English translation of that document and that certificate. (3) Any translation under paragraph (2) must be certified as a correct translation by the person making it, and the certificate must contain the full name, address and qualifications of the translator. ## 3.24.3 Intimation of application (1) The sheriff shall order intimation of an application to register an international measure– (a) except where the sheriff is satisfied that the person to whom the international measure relates had an opportunity to be heard in the country where that measure was taken, to that person; (b) which if registered would have the effect of placing the adult to whom the international measure relates in an establishment in Scotland, to the– (i) Scottish Central Authority; and (ii) Mental Welfare Commission; (c) to the Public Guardian; and (d) to any other person whom the sheriff considers appropriate. (2) In this rule– (a) “Scottish Central Authority” means an authority– (i) designated under Article 28 of the Convention for the purposes of acting as such; or (ii) appointed by the Scottish Ministers for the purposes of carrying out the functions to be carried out under schedule 3 of the Act by the Scottish Central Authority, where no authority is designated for the purposes of sub paragraph (i); and (b) “Mental Welfare Commission” means the Mental Welfare Commission for Scotland continued in being by section 4 of the Mental Health (Care and Treatment) (Scotland) Act 2003. ## 3.24.4 Notice to the Public Guardian The sheriff clerk shall within 7 days after the date of an order registering an international measure, provide the Public Guardian with– (a) a copy of that order; and (b) a copy of the international measure, and of any translation. ## 3.24.5 Register of recognised foreign measures (1) There shall be a register of international measures (“the register”) registered by order under this Part. (2) The register shall include– (a) the nature of the international measure; (b) the date of the international measure; (c) the date of the order under this Part granting recognition of the international measure; (d) the name and address of– (i) the person who applied for recognition of the international measure under this Part; (ii) the person in respect of whom the international measure was taken; and (iii) if applicable, the person on whom any power is conferred by the international measure; and (e) a copy of the international measure, and of any translation. (3) The Public Guardian shall maintain the register, and make it available during normal office hours for inspection by members of the public. (4) The Public Guardian shall if requested by any person certify that an international measure registered under this Part has been entered in the register. ### Chapter PART XXV: SEXUAL OFFENCES ACT 2003 ## 3.25.1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.25.2 Time limit for service of a notice under section 99(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.25.3 Time limit for service of a notice under section 106(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.25.4 Time limit for service of a notice under section 116(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.25.5 Variation, renewal or discharge of SOPOs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.25.6 Variation, renewal or discharge of FTOs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.25.7 Interim SOPOs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ### Chapter PART XXVI: PROTECTION OF CHILDREN (SCOTLAND) ACT 2003 ## 3.26.1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.26.2 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.26.3 Provisional inclusion in the list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.26.4 Applications for removal from the list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.26.5 Appeal: inclusion in lists under section 5 or 6 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.26.6 Appeals: to the sheriff principal or to the Inner House of the Court of Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ### Chapter PART XXVII: ANTISOCIAL BEHAVIOUR ETC. (SCOTLAND) ACT 2004 ## 3.27.1 Interpretation (1) In this Part– “the Act” means the Antisocial Behaviour etc. (Scotland) Act 2004; “ASBO” means an antisocial behaviour order under section 4(1) of the Act; “interim ASBO” means an interim ASBO under section 7(2) of the Act; “parenting order” means a parenting order under section 13 or 102 of the Act; and “the Principal Reporter” means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994. (2) Any reference to a section shall, unless the context otherwise requires, be a reference to a section of the Act. ## 3.27.2 Applications for variation or revocation of ASBOs to be made by minute in the original process (1) An application under section 5 (variation and revocation of antisocial behaviour orders) shall be made by minute in the original process of the application for the ASBO in relation to which the variation or revocation is sought. (2) Where the person subject to the ASBO is a child, a written statement containing the views of the Principal Reporter on the application referred to in rule 3.27.2(1) shall, where practicable, be lodged with that application. ## 3.27.3 Application for an interim ASBO (1) An application for an interim ASBO shall be made by crave in the initial writ in which an ASBO is sought. (2) An application for an interim ASBO once craved shall be moved by motion to that effect. (3) The sheriff shall not consider an application for an interim ASBO until after the initial writ has been intimated to the person in respect of whom that application is made and, where that person is a child, a written statement containing the views of the Principal Reporter on that application has been lodged. ## 3.27.4 Notification of making etc. of ASBOs and interim ASBOs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.27.5 Parenting orders (1) Where a sheriff is considering making a parenting order under section 13 (sheriff’s power to make parenting order), the sheriff shall order the applicant for the ASBO to– (a) intimate to any parent in respect of whom the parenting order is being considered– (i) that the court is considering making a parenting order in respect of that parent; (ii) that if that parent wishes to oppose the making of such a parenting order, he or she may attend or be represented at the hearing at which the sheriff considers the making of the parenting order; (iii) the place, date and time of the hearing set out in sub-paragraph (a)(ii) above; and (iv) that if that parent fails to appear and is not represented at the hearing, a parenting order may be made in respect of the parent; and (b) serve on any parent in respect of whom the parenting order is being considered a copy of the initial writ in which the ASBO is sought. (2) Any parent in respect of whom a parenting order under section 13 is being considered may be sisted as a party to the action on their own motion, on the motion of either party or by the sheriff of his own motion. ## 3.27.6 Closure notice (1) A closure notice served under section 27 (service etc.) shall be in the form of Form 25 and shall (in addition to the requirements set out in section 27(5))– (a) state that it has been authorised by a senior police officer; (b) specify the date, time and place of the hearing of the application for a closure order under section 28; and (c) state that any person living on or having control of, responsibility for or an interest in the premises to which the closure notice relates who wishes to oppose the application should attend or be represented. (2) Certification of service of a copy of the closure notice to all persons identified in accordance with section 27(2)(b) shall be in the form of Form 26. ## 3.27.7 Application for closure orders An application to the sheriff for a closure order under section 28 shall be in the form of Form 27. ## 3.27.8 Application for extension of closure orders An application to the sheriff for an extension of a closure order under section 32 shall be by minute in the form of Form 28 lodged in the original process of the application for the closure order in relation to which the extension is sought and shall be lodged not less than 21 days before the closure order to which it relates is due to expire. ## 3.27.9 Application for revocation of closure order An application to the sheriff for revocation of a closure order under section 33 shall be by minute in the form of Form 29 lodged in the original process of the application for the closure order in relation to which the revocation is sought. ## 3.27.10 Application for access to premises An application to the sheriff for an order for access to premises under section 34 shall be by minute in the form of Form 30 lodged in the original process of the application for the closure order in relation to which the access order is sought. ## 3.27.11 Applications by summary application An application under section 35 (Reimbursement of expenditure), 63 (Appeal against graffiti removal notice) or 64 (Appeal against notice under section 61(4)) shall be by summary application. ## 3.27.12 Applications by summary application An application under section 71 (Failure to comply with notice: order as to rental income), 74 (Failure to comply with notice: management control order) or 97 (Appeals against notice under section 94) shall be by summary application. ## 3.27.13 Revocation and suspension of order as to rental income An application under section 73(2) for the revocation or suspension of an order relating to rental income shall be by minute lodged in the original process of the application for the order relating to rental income in relation to which the order for revocation or suspension is sought. ## 3.27.14 Revocation of management control order An application under section 76(1) for the revocation of a management control order shall be by minute lodged in the original process of the application for the management control order in relation to which the order for revocation is sought. ## 3.27.15 Review of parenting order (1) An application under section 105(1) for revocation or variation of a parenting order shall be by minute lodged in the original process of the application for the parenting order in relation to which the order for revocation or variation is sought. (2) Where the court that made a parenting order makes an order under section 105(5) that court shall within 4 days transmit the original process relating to the parenting order to the court specified in that order. ## 3.27.16 Procedural requirements relating to parenting orders Where the sheriff is considering making a parenting order, or a revocation or variation of a parenting order, and it is practicable, having regard to the age and maturity of the child to– (a) give the child an opportunity to indicate whether the child wishes to express views; and (b) if the child so wishes, give the child an opportunity to express those views, the sheriff shall order intimation in the form of Form 31 to the child in respect of whom the order was or is proposed to be made. ## 3.27.17 Procedural requirements relating to parenting orders Where the sheriff is considering making a parenting order or revoking or varying a parenting order and does not already have sufficient information about the child, the sheriff shall order intimation in the form of Form 32 to the local authority for the area in which the child resides. ## 3.27.18 Enforcement of local authorities' duties under section 71 of the Children (Scotland) Act 1995 An application under section 71A(2) of the Children (Scotland) Act 1995 by the Principal Reporter shall be by summary application to the sheriff principal of the Sheriffdom in which the principal office of the local authority is situated. ### Chapter PART XXVIII: LAND REFORM (SCOTLAND) ACT 2003 ## 3.28.1 Interpretation In this Part– “the Act” means the Land Reform (Scotland) Act 2003. ## 3.28.2 Public notice of appeal against section 14(2) remedial notice Where an owner of land appeals by summary application under section 14(4) of the Act against a notice served on him under section 14(2) of the Act, the owner must at the same time as, or as closely in time as practicable to, the lodging of the application, advertise by publication of an advertisement in a newspaper circulating in the area of the land details of the application including details of the notice appealed against. ## 3.28.3 Restriction on number of persons being party to section 14(4) application Persons interested in the exercise of access rights over the land to which a summary application under section 14(2) of the Act relates, and persons or bodies representative of such persons, may be parties to the summary application proceedings, but the court may order that any one or more of the persons or bodies who have the same interests and no others, may take an active part in the proceedings. ## 3.28.4 Public notice and restriction on number of parties to section 15 application The provisions in rules 3.28.2 and 3.28.3 above apply with necessary modifications to a summary application appealing against a notice served under section 15(2) of the Act. ## 3.28.5 Public notice and restriction on number of parties to section 28 application (1) The provisions in rules 3.28.2 and 3.28.3 above apply with necessary modifications to a summary application for a declaration under section 28(1) or (2) of the Act. (2) A summary application under section 28(1) or (2) of the Act may be made at any time. ### Chapter PART XXIX: RISK OF SEXUAL HARM ORDERS ## 3.29.1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.29.2 Variation, renewal or discharge of RSHOs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.29.3 Interim RSHOs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.29.4 Service of RSHOs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ### Chapter PART XXX: MENTAL HEALTH (CARE AND TREATMENT) (SCOTLAND) ACT 2003 ## 3.30.1 Interpretation In this Part “the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003. ## 3.30.2 Applications for removal orders (1) An application under section 293 of the Act (removal order to place of safety) shall be lodged with the sheriff clerk who shall fix a date for hearing the application. (2) An order fixing a hearing shall be intimated in such manner and within such timescales as may be prescribed by the sheriff. ## 3.30.3 Applications for recall or variation of removal orders (1) An application under section 295 of the Act (recall or variation of removal order) shall be lodged with the sheriff clerk who shall fix a date for hearing the application. (2) An order fixing a hearing shall be intimated by the sheriff clerk in such manner and within such timescales as may be prescribed by the sheriff. ## 3.30.4 Remit to Court of Session (1) Where the sheriff principal to whom an appeal is made remits the appeal to the Court of Session under section 320 of the Act (appeals), the sheriff clerk shall, within four days after the sheriff principal has pronounced the interlocutor remitting the appeal to the Court of Session, transmit the process to the Deputy Principal Clerk of Session. (2) On transmitting the process under paragraph (1), the sheriff clerk shall– (a) send written notice of the remit and transmission of the process to each party; and (b) certify on the interlocutor sheet that he has done so. ### Chapter PART XXXI: FOOTBALL BANNING ORDERS ## 3.31.1 Interpretation In this Part– “the Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006; “football banning order” means an order made under section 52(4) of the Act. ## 3.31.2 Applications for variation or termination of a football banning order (1) An application under– (a) section 57(1) of the Act for variation of a football banning order; or (b) section 58(1) of the Act for termination of a football banning order, shall be made by minute in the process relating to the football banning order. (2) A minute under paragraph (1) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules. ### Chapter PART XXXII: ANIMAL HEALTH AND WELFARE ## 3.32.1 Interpretation In this Part– “the 1981 Act” means the Animal Health Act 1981; and “the 2006 Act” means the Animal Health and Welfare (Scotland) Act 2006. ## 3.32.2 Interim orders (1) An application for an interim order under– (a) section 28G(10) of the 1981 Act; or (b) section 41(9) of the 2006 Act, or (c) section 48(9) of the Animal Welfare Act 2006, shall be made by crave in the initial writ in which a seizure order is sought. (2) An application for an interim order once craved shall be moved by motion to that effect. ## 3.32.3 Interim orders pending appeal An application for an interim order under– (a) section 28H(2) of the 1981 Act; or (b) section 43(5) of the 2006 Act, or (c) section 49(5) of the Animal Welfare Act 2006, where a seizure order is suspended or inexecutable shall be made by motion. ### Chapter PART XXXIII: The Equality Act 2010 ## 3.33.1 Application and interpretation (1) In this Part— “the Commission” means the Commission for Equality and Human Rights; and “the 2010 Act” means the Equality Act 2010. (2) This Part applies to claims made by virtue of section 114(1) of the 2010 Act not including a claim for damages. ## 3.33.2 Intimation to Commission The applicant shall, except where the applicant is the Commission, send a copy of the initial writ to the Commission by registered or recorded delivery post. ## 3.33.3 Assessor (1) The sheriff may, of his own motion or on the motion of any party, appoint an assessor. (2) The assessor shall be a person who the sheriff considers has special qualifications to be of assistance in determining the cause. ## 3.33.4 Taxation of Commission expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.33.5 National security (1) Where, on a motion under paragraph (3) or of the sheriff’s own motion, the sheriff considers it expedient in the interests of national security, the sheriff may— (a) exclude from all or part of the proceedings— (i) the pursuer; (ii) the pursuer’s representatives; (iii) any assessors; (b) permit a pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings or the part of the proceedings, from which he or she is excluded; (c) take steps to keep secret all or part of the reasons for his or her decision in the proceedings. (2) The sheriff clerk shall, on the making of an order under paragraph (1) excluding the pursuer or the pursuer’s representatives, notify the Advocate General for Scotland of that order. (3) A party may apply by motion for an order under paragraph (1). (4) The steps referred to in paragraph (1)(c) may include the following— (a) directions to the sheriff clerk; and (b) orders requiring any person appointed to represent the interests of the pursuer in proceedings from which the pursuer or the pursuer’s representatives are excluded not to communicate (directly or indirectly) with any persons (including the excluded pursuer)— (i) on any matter discussed or referred to; (ii) with regard to any material disclosed, during or with reference to any part of the proceedings from which the pursuer or the pursuer’s representatives are excluded. (5) Where the sheriff has made an order under paragraph (4)(b), the person appointed to represent the interests of the pursuer may apply by motion for authority to seek instructions from or otherwise communicate with an excluded person. ## 3.33.6 Transfer to Employment Tribunal (1) On transferring proceedings to an employment tribunal under section 140(2) of the 2010 Act, the sheriff — (a) shall state his or her reasons for doing so in the interlocutor; and (b) may make the order on such conditions as to expenses or otherwise as he or she thinks fit. (2) The sheriff clerk must, within 7 days from the date of such order— (a) transmit the relevant process to the Secretary of the Employment Tribunals (Scotland); (b) notify each party to the proceedings in writing of the transmission under subparagraph (a); and (c) certify, by making an appropriate entry on the interlocutor sheet, that he or she has made all notifications required under subparagraph (b). (3) Transmission of the process under paragraph (2)(a) will be valid notwithstanding any failure by the sheriff clerk to comply with paragraph (2)(b) and (c). ## 3.33.7 Transfer from Employment Tribunal (1) On receipt of the documentation in proceedings which have been remitted from an employment tribunal under section 140(3) of the 2010 Act, the sheriff clerk must— (a) record the date of receipt on the first page of the documentation; (b) fix a hearing to determine further procedure not less than 14 days after the date of receipt of the process; and (c) forthwith send written notice of the date of the hearing fixed under subparagraph (b) to each party. (2) At the hearing fixed under paragraph (1)(b) the sheriff may make such order as he or she thinks fit to secure so far as practicable that the cause thereafter proceeds in accordance with these Rules. ### Chapter PART XXXIV: LICENSING (SCOTLAND) ACT 2005 ## 3.34 Appeals (1) An appeal under section 131 of the Licensing (Scotland) Act 2005 is to be made by summary application. (2) An application under paragraph (1) must be lodged with the sheriff clerk of the sheriff court district in which the principal office of the Licensing Board is situated not later than 21 days after the relevant date. (3) In paragraph (2) “relevant date” means— (a) the date of the decision of the Licensing Board; or (b) where a statement of reasons has been required under section 51(2) of the 2005 Act, the date of issue of the statement of reasons. ## 3.34.1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.34.2 Application for stated case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.34.3 Adjustment of stated case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.34.4 Lodging of stated case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.34.5 Appointment of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.34.6 Effect of and abandonment of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.34.7 Hearing of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.34.8 Recall of suspension or revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ### Chapter PART XXXV: ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 ## 3.35.1 Interpretation In this Part– “the Act” means the Adult Support and Protection (Scotland) Act 2007; “the adult at risk” has the same meaning as in section 3 of the Act. ## 3.35.2 Variation or recall of removal order (1) An application under section 17 of the Act (variation or recall of removal order) for variation or recall of a removal order shall be made by minute in the process relating to the removal order. (2) A minute under paragraph (1) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules. ## 3.35.3 Applications – banning orders and temporary banning orders (1) Where in an application under subsection (1) of section 19 of the Act (banning orders) an order is sought under subsection (2)(a) or (b) of that section there shall, where appropriate and unless the sheriff otherwise directs, be lodged a plan which clearly identifies the area specified in the application. (2) An application under section 21 of the Act (temporary banning orders) shall– (a) be made by crave in the application for the banning order concerned; and (b) once craved, be moved by motion to that effect. (3) Where a temporary banning order is granted, the related application for a banning order shall be determined within 6 months of the date of the lodging of that application. (4) An application under section 24(1)(a) of the Act (variation or recall of banning order) shall be made by minute in the process relating to the banning order. (5) An application under section 24(1)(b) of the Act (variation or recall of temporary banning order) shall be moved by motion to that effect in the process relating to the application for the banning order concerned. (6) A minute under paragraph (4) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules. ## 3.35.4 Attachment of power of arrest (1) The following documents shall be served under section 25(2) of the Act (powers of arrest) along with a power of arrest:– (a) a copy of the application for the order; (b) a copy of the interlocutor granting the order and the power of arrest; and (c) where the application to attach the power of arrest was made after the order was granted, a copy of the certificate of service of the order. (2) The following documents shall be delivered to the chief constable in accordance with section 27(1) of the Act (notification to police):– (a) a copy of the application for the order; (b) a copy of the interlocutor granting the order; (c) a copy of the certificate of service of the order; and (d) where the application to attach the power of arrest was made after the order was granted– (i) where applicable, a copy of the application for the power of arrest; (ii) a copy of the interlocutor granting it; and (iii) a copy of the certificate of service of the power of arrest and the documents that required to be served along with it in accordance with section 25(2). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.35.5 Notification to adult at risk etc. Where section 26(1)(b) of the Act (notification to the adult at risk etc. on the variation or recall of a banning order or temporary banning order) applies, the person prescribed for the purposes of section 26(2) is the sheriff clerk. ## 3.35.6 Certificate of delivery of documents Where a person is in any circumstances required to comply with section 26(2), 27(1) or 27(2) of the Act he shall, after such compliance, lodge in process a certificate of delivery in Form 34. ## 3.35.7 Warrants for entry (1) An application for a warrant for entry under section 38(2) of the Act (criteria for granting warrants of entry under section 7) shall be in Form 35. (2) The application may be granted without a hearing. ## 3.35.8 Applications for leave to appeal to the Sheriff Appeal Court (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) An application for leave to appeal against an interlocutor of the sheriff granting, or refusing to grant, a temporary banning order under section 51(2) of the Act shall be made within 7 days after the date of the interlocutor concerned. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.35.9 Privacy of any hearing The sheriff may, where he considers it appropriate in all the circumstances, appoint that the hearing of an application or other proceedings under this Part shall take place in private. ### Chapter Part XXXVI: UK BORDERS ACT 2007 ## 3.36.1 Interpretation In this Part– “the Act” means the UK Borders Act 2007; and “an appeal” means an appeal to the sheriff under section 11(1) of the Act. ## 3.36.2 Appeals (1) Subject to paragraph (2), an appeal must be lodged with the sheriff clerk not later than 21 days after the date the penalty notice was received by the appellant. (2) Where the appellant has given notice of objection under section 10(1) of the Act, an appeal must be lodged with the sheriff clerk not later than 21 days after the date that notice of the Secretary of State’s decision under section 10(4) of the Act was received by the appellant. ### Chapter PART XXXVII: EMPLOYMENT TRIBUNALS ACT 1996 ## 3.37.1 Conciliation: recovery of sums payable under compromises (1) An application to the sheriff for a declaration under section 19A(4) of the Employment Tribunals Act 1996 shall be made not later than 42 days from the date of issue of the certificate stating that a compromise has been reached. (2) An application to the sheriff for a declaration under section 19A(4) of that Act is pending for the purposes of subsection (7) of that section from the date on which it is lodged with the sheriff clerk until the date upon which final judgment on the application has been extracted. ### Chapter PARTXXXVIII: Counter-Terrorism Act 2008 ## 3.38 Variation, renewal or discharge of foreign travel restriction order (1) Where an application under paragraph 9 of Schedule 5 to the Counter-Terrorism Act 2008 for an order varying, renewing or discharging a foreign travel restriction order is made in a sheriff court other than the sheriff court in which the process relating to the foreign travel restriction order is held— (a) the initial writ containing the application shall contain averments as to the sheriff court in which the process relating to the foreign travel restriction order is held; (b) the sheriff clerk with whom the application is lodged shall notify the sheriff clerk of the sheriff court in which the process relating to the foreign travel restriction order is held; and (c) the sheriff clerk of the sheriff court in which the process relating to the foreign travel restriction order is held shall, not later than 4 days after receipt of such notification, transfer the process relating to the foreign travel restriction order to the sheriff clerk of the sheriff court in which the application is made. (2) For the purposes of paragraph (1), the sheriff court in which the process relating to the order is held is the sheriff court in which the foreign travel restriction order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred. (3) A failure of the sheriff clerk to comply with paragraph (1) shall not invalidate the application. ### Chapter PART XXXIX: PUBLIC HEALTH ETC. (SCOTLAND) ACT 2008 ## 3.39.1 Interpretation In this Part— “the Act” means the Public Health etc. (Scotland) Act 2008; “an investigator” means a person appointed under section 21 of the Act; “health board competent person” has the same meaning as in section 124 of the Act, and words and expressions used in this Part and in the Act shall have the same meaning given in the Act. ## 3.39.2 Application for a public health investigation warrant (1) An application made by an investigator for a warrant under section 27(2) of the Act (public health investigation warrants) shall be in Form 36. (2) Where such a warrant is granted by the sheriff it shall be in Form 37. ## 3.39.3 Application for an order for medical examination (1) An application made by a health board for an order under section 34(1) of the Act (order for medical examination) shall be in Form 38. (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit. (3) Where an order for a medical examination is granted by the sheriff it shall be in Form 39. (4) Subject to the requirements of section 34(6)(b)(i) and (ii) of the Act, where an order for a medical examination is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit. (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission. ## 3.39.4 Application for a quarantine order (1) An application made by a health board for a quarantine order under section 40(1) of the Act (quarantine orders) shall be in Form 40. (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit. (3) Where a quarantine order is granted by the sheriff it shall be in Form 41. (4) Subject to the requirements of section 40(6)(b)(i) and (ii) of the Act, where a quarantine order is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit. (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission. ## 3.39.5 Application for a short term detention order (1) An application made by a health board for a short term detention order under section 42(1) of the Act (order for removal to and detention in hospital) shall be in Form 42. (2) An application made by a health board for a short term detention order under section 43(1) of the Act (order for detention in hospital) shall be in Form 44. (3) On receipt of an application mentioned in paragraph (1) or (2), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit. (4) Where a short term detention order is granted by the sheriff under section 42(1) of the Act it shall be in Form 43. (5) Where a short term detention order is granted by the sheriff under section 43(1) of the Act it shall be in Form 45. (6) Subject to the requirements of sections 42(4)(b)(i) and (ii) and 43(4)(b)(i) and (ii) of the Act, where a short term detention order is granted under section 42(1) or 43(1) of the Act, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit. (7) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (3) and (6) may include intimation or notification by telephone, email or facsimile transmission. ## 3.39.6 Application for an exceptional detention order (1) An application made by a health board for an exceptional detention order under section 45(1) of the Act (exceptional detention order) shall be in Form 46. (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit. (3) Where an exceptional detention order is granted by the sheriff it shall be in Form 47. (4) Subject to the requirements of section 45(4)(b)(i) and (ii) of the Act, where an exceptional detention order is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit. (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission. ## 3.39.7 Application for extension of a quarantine order, short term detention order or exceptional detention order (1) An application made by a health board for an extension to a quarantine order, a short term detention order or an exceptional detention order under section 49(5) of the Act (extension of quarantine and hospital detention orders) shall be in Form 48. (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit. (3) Where an order extending a quarantine order, a short term detention order or an exceptional detention order is granted by the sheriff it shall be in Form 49. (4) Subject to the requirements of section 49(10)(b)(i) and (ii) of the Act, where an order mentioned in paragraph (3) is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit. (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission. ## 3.39.8 Application for modification of a quarantine order, short term detention order or exceptional detention order (1) An application made by a health board for an order modifying a quarantine order, a short term detention order or an exceptional detention order under section 51(1) of the Act (variation of quarantine and hospital detention orders) shall be in Form 50. (2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit. (3) Where an order modifying a quarantine order, a short term detention order or an exceptional detention order is granted by the sheriff it shall be in Form 51. (4) Subject to the requirements of section 51(5)(b)(i) and (ii) of the Act, where an order mentioned in paragraph (3) is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit. (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission. ## 3.39.9 Application for recall of an order granted in the absence of the person to whom it relates (1) An application for recall of a quarantine order, a short term detention order or an exceptional detention order under section 59 of the Act (recall of orders granted in absence of persons to whom application relates) shall be in Form 52. (2) Subject to section 59(6) of the Act, on receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit. (3) Where an order recalling a quarantine order, a short term detention order or an exceptional detention order is granted by the sheriff it shall be in Form 53. (4) Where an order mentioned in paragraph (3) is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit. (5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission. ## 3.39.10 Intimation of applications in relation to a child (1) This rule applies where an application is made under this Part and the person who it is proposed will be subject to the order is under 16. (2) On receipt of an application mentioned in paragraph (1), the sheriff may, in particular, order intimation of the application to a person who has day-to-day care or control of the person mentioned in paragraph (1). ## 3.39.11 Intimation of orders on the person to whom they apply Where a sheriff, in the absence of the person to whom it applies, grants— (a) a quarantine order under section 40(1) of the Act; (b) a short term detention order under section 42(1) of the Act; (c) an exceptional detention order under section 45 of the Act, and the order is intimated to the person to whom it applies, a copy of Form 52 shall be delivered to that person along with the order. ## 3.39.12 Appeal to the sheriff against an exclusion order or a restriction order (1) An appeal to the sheriff under section 61 of the Act (appeal against exclusion orders and restriction orders) in respect of an exclusion order or a restriction order shall be marked by lodging a note of appeal in Form 54. (2) On the lodging of a note of appeal, the sheriff clerk shall send a copy of the note of appeal to— (a) the health board competent person who made the exclusion order or restriction order; and (b) the person in relation to whom the order applies, where that person is not the appellant. (3) The sheriff shall make such order as he thinks fit in order to dispose of the appeal. ## 3.39.13 Application for a warrant to enter premises and take steps under Part 5 of the Act (1) An application made by a local authority for a warrant under section 78(2) of the Act (warrant to enter and take steps) shall be in Form 55. (2) Where such a warrant is granted by the sheriff it shall be in Form 56. ## 3.39.14 Application for an order for disposal of a body (1) An application made by a local authority for an order for the disposal of a body under section 93 of the Act (power of sheriff to order removal to mortuary and disposal) shall be in Form 57. (2) Where such an order is granted by the sheriff it shall be in Form 58. ## 3.39.15 Application for appointment of a single arbiter to determine a dispute in relation to compensation An application under sections 30(6), 56(5), 57(3), 58(4) or 82(3) of the Act for the appointment of a single arbiter to determine a dispute in relation to compensation may be made by written application in the form of a letter addressed to the sheriff clerk. ### Chapter PART XL: FORCED MARRIAGE ETC. (PROTECTION AND JURISDICTION) (SCOTLAND) ACT 2011 ## 3.40.1 Interpretation In this Part (except where the context otherwise requires) references to terms defined in Part 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 have the same meaning here as given there. ## 3.40.2 Applications for leave for a forced marriage protection order (1) This rule applies where leave of the court is required to make an application for a forced marriage protection order. (2) Leave shall be sought at the time of presenting the initial writ by letter addressed to the sheriff clerk. (3) The letter shall include a statement of— (a) the grounds on which leave is sought; (b) whether or not the applicant has applied for legal aid. (4) Where the applicant has applied for legal aid he or she must also present along with the initial writ written confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002, that notification of the application should be dispensed with or postponed. (5) An application under paragraph (2) shall not be served or intimated unless the sheriff otherwise directs. (6) The sheriff may hear the pursuer on the application and may grant or refuse it or make such other order in relation to it as the sheriff considers appropriate. (7) Where leave is granted, a copy of the interlocutor allowing leave must be served upon the defender along with the warrant of citation. ## 3.40.3 Applications for variation, recall or extension of a forced marriage protection order (1) An application for variation, recall or extension of a forced marriage protection order must be made by minute in the process relating to the forced marriage protection order. (2) Except where the sheriff otherwise directs, any such minute must be lodged in accordance with, and regulated by, Chapter 14 of the Ordinary Cause Rules. (3) Paragraph (4) applies where leave of the court is required under section 7(1)(d) or 8(3)(d) of the 2011 Act before an application for variation, or recall or extension of a forced marriage protection order may be made. (4) Leave shall be sought at the time of presenting the minute by letter addressed to the sheriff clerk. (5) The letter shall include a statement of— (a) the grounds on which leave is sought; (b) whether or not the applicant has applied for legal aid. (6) Where the applicant has applied for legal aid he or she must also present along with the minute confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002, that notification of the application should be dispensed with or postponed. (7) An application under paragraph (4) shall not be served or intimated unless the sheriff otherwise directs. (8) The sheriff may hear the applicant on the application and may grant or refuse it or make such other order in relation to it as the sheriff considers appropriate. (9) Where leave is granted, a copy of the interlocutor allowing leave must be intimated along with the minute. ### Chapter Part XLI: REPORTING RESTRICTIONS ## 3.41.1 Interpretation and application of this Part (1) This Part applies to orders which restrict the reporting of proceedings. (2) In this Part, “interested person” means a person— (a) who has asked to see any order made by the sheriff which restricts the reporting of proceedings, including an interim order; and (b) whose name is included on a list kept by the Lord President for the purposes of this Part. ## 3.41.1A Application for an order (1) A party to the proceedings may apply to the court for an order under this Part to restrict the reporting of the proceedings. (2) An application for an order under this Part must be made by motion and be accompanied by Form 58A. ## 3.41.2 Interim orders (1) Where the sheriff is considering making an order, the sheriff must first make an interim order. (2) ... The sheriff clerk shall immediately send a copy of the interim order to any interested person. (3) The sheriff shall specify in the interim order why the sheriff is considering making an order. ## 3.41.3 Representations (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) An interested person who would be directly affected by the making of an order shall have an opportunity to make representations to the sheriff before an order is made. (3) Representations shall— (a) be made by letter addressed to the sheriff clerk; (b) where an urgent hearing is sought, include reasons explaining why an urgent hearing is necessary; (c) be lodged no later than 2 days after the interim order is sent to interested persons in accordance with rule 3.41.2(2). (4) Where the period for lodging representations expires on a Saturday, Sunday, or public or court holiday, it shall be deemed to expire on the next day on which the sheriff clerk’s office is open for civil court business. (5) On representations being made— (a) the sheriff shall appoint a date and time for a hearing— (i) on the first suitable court day thereafter; or (ii) where the sheriff is satisfied that an urgent hearing is necessary, at such earlier date and time as the sheriff may determine; (b) the sheriff clerk shall— (i) notify the date and time of the hearing to the parties to the proceedings and the person who has made representations; and (ii) send a copy of the representations to the parties to the proceedings. (6) Where no interested person makes representations in accordance with rule 3.41.3(2), the sheriff clerk shall put the interim order before the sheriff in chambers in order that the sheriff may resume consideration as to whether to make an order. (7) Where the sheriff, having resumed consideration under rule 3.41.3(6), makes no order, the sheriff shall recall the interim order. (8) Where the court recalls an interim order, the clerk of court shall immediately notify any interested person. ## 3.41.4 Notification of reporting restrictions Where the sheriff makes an order, the sheriff clerk shall immediately— (a) send a copy of the order to any interested person; (b) arrange for the publication of the making of the order on the Scottish Court Service website. ## 3.41.5 Applications for variation or revocation (1) A person aggrieved by an order may apply to the sheriff for its variation or revocation. (2) An application shall be made by letter addressed to the sheriff clerk. (3) On an application being made— (a) the sheriff shall appoint the application for a hearing; (b) the sheriff clerk shall— (i) notify the date and time of the hearing to the parties to the proceedings and the applicant; (ii) send a copy of the application to the parties to the proceedings. (4) The hearing shall, so far as reasonably practicable, be before the sheriff who made the order. ### Chapter PART XLII: REGULATION OF INVESTIGATORY POWERS ACT 2000 ## 3.42.1 Interpretation In this Part— “the 2000 Act” means the Regulation of Investigatory Powers Act 2000; and words and expressions used in this Part and in the 2000 Act shall have the same meaning given in the 2000 Act. ## 3.42.2 Authorisations requiring judicial approval (1) An application under section 23B(1) of the 2000 Act (procedure for judicial approval) for an order under section 23A(2) (authorisations requiring judicial approval)— (a) approving the grant or renewal of an authorisation; or (b) the giving or renewal of a notice, shall be in Form 59, which must be signed by a solicitor on behalf of the local authority. (2) The application (and any order made in relation to it) must not be intimated to— (a) the person to whom the authorisation or notice which is the subject of the application or order relates; or (b) such person’s representatives. (3) The application must be heard and determined by the sheriff in private. (4) Where an application is granted by the sheriff the order shall be in Form 60. ### Chapter PART XLIII: PROCEEDS OF CRIME ACT 2002 (EXTERNAL INVESTIGATIONS) ORDER 2013 ## 3.43.1 Application of this Part This Part applies to applications to the sheriff under Part 2 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013. ## 3.43.2 Applications (1) An application under the following provisions shall be made by summary application— (a) article 40(1) (production orders); (b) article 47(1) (search warrants); (c) article 56(1) (customer information orders); (d) article 63(1) (account monitoring orders). (2) An application under the following provisions shall be made by minute in the process of the original application— (a) article 46(2) (discharge or variation of a production order or an order to grant entry); (b) article 62(2) (discharge or variation of a customer information order); (c) article 67(2) (discharge or variation of an account monitoring order). (3) An application under article 42(2) (order to grant entry) shall be made— (a) in the application for the production order; or (b) where the application is made after a production order is made, by minute in the process of the application for the production order. ### Chapter PART XLIV: Gender Recognition Act 2004 ## 3.44.1 In this Part,— “the 2004 Act” means the Gender Recognition Act 2004; “full gender recognition certificate” and “interim gender recognition certificate” have the meanings assigned by section 25 of the 2004 Act; “Gender Recognition Panels” is to be construed in accordance with Schedule 1 to the 2004 Act. ## 3.44.2 (1) This rule applies where a party to a protected Scottish marriage who has been issued with an interim gender recognition certificate makes an application to the sheriff under section 4E of the 2004 Act for the issue of a full gender recognition certificate. (2) The sheriff shall make an order for intimation of the application on the applicant’s spouse, but no such order may be made unless there has been produced with the initial writ— (a) an extract of the relevant entry in the register of marriages; and (b) the interim gender recognition certificate or, failing that, a certified copy of the interim gender recognition certificate. (3) For the purpose of this rule, a certified copy of an interim gender recognition certificate shall be a copy of that certificate sealed with the seal of the Gender Recognition Panels and certified to be a true copy by an officer authorised by the President of the Gender Recognition Panels. (4) On the granting of the application the sheriff clerk shall give the applicant’s spouse a certified copy of the full gender recognition certificate. ## 3.44.3 When a full gender recognition certificate has been issued on an application under section 4E of the 2004 Act, an application for a corrected gender recognition certificate under section 6 of the 2004 Act (Errors in certificates) shall be made by minute in the process in the application pursuant to which the full gender recognition certificate was issued. ### Chapter PARTXLV: MUTUAL RECOGNITION OF PROTECTION MEASURES IN CIVIL MATTERS ## 3.45.1 Interpretation In this Part— ... ... ... “incoming protection measure” means a protection measure that has been ordered in a participating Member State; ... ... ... ... “MRP Regulation” has the meaning given by Article 3(5A) of the Regulation; “participating Member State” has the meaning given by Article 3(5) of the Regulation; “person causing the risk” has the meaning given by Article 3(3) of the Regulation; “protected person” has the meaning given by Article 3(2) of the Regulation; “protection measure” has the meaning given by Article 3(1) of the Regulation; “registered post service” has the meaning given by section 125(1) of the Postal Services Act 2000; ... ... “the Regulation” means Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters. ... ... ## 3.45.2 Application of rules 3.45.3 to 3.45.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.45.3 Form of application for Article 5 certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.45.4 Issue of Article 5 certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.45.5 Conditions for issue of Article 5 certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.45.6 Notice of issue of Article 5 certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.45.7 Effect of variation of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.45.8 Application for rectification or withdrawal of Article 5 certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.45.9 Issue of Article 14 certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3.45.10 Form of applications relating to incoming protection measures (1) The following applications shall be made by summary application— (a) an application for the adjustment of the factual elements of an incoming protection measure under Article 11 of the Regulation; (b) an application to refuse the recognition and, where applicable, the enforcement of an incoming protection measure under Article 13 of the Regulation; (c) a submission under Article 14(2) of the Regulation to suspend or withdraw the effects of the recognition and, where applicable, the enforcement of an incoming protection measure; (d) an application under section 1(1) of the Protection from Abuse (Scotland) Act 2001 for a power of arrest to be attached to an incoming protection measure; (e) an application under section 3(1) of the Domestic Abuse (Scotland) Act 2011 for a determination that an incoming protection measure is a domestic abuse interdict. (2) Where a process exists in relation to an incoming protection measure, an application mentioned in paragraph (1) shall be made by minute in that process. ## 3.45.11 Adjustment of incoming protection measure (1) This rule applies for the purpose of an application under Article 11 of the Regulation to adjust the factual elements of an incoming protection measure. (2) Unless the sheriff considers that a hearing is required, the sheriff may— (a) dispense with intimation of the application; and (b) determine the application without a hearing. (3) Where necessary, the sheriff may grant decree in accordance with Scots law. (4) The sheriff clerk shall give the person causing the risk notice of the adjustment of the protection measure in accordance with paragraphs (5) to (7). (5) Where the address of the person causing the risk is known, notice shall be given by sending that peson— (a) a notice in Form 65; (b) a copy of the interlocutor adjusting the factual elements of the protection measure. (6) Where the address of the person causing the risk is outwith the United Kingdom, the sheriff clerk shall send the documents mentioned in paragraph (5) by a registered post service. (7) Where the address of the person causing the risk is not known, notice shall be given by displaying on the walls of court a notice in Form 66. (8) An appeal against an interlocutor adjusting the factual elements of an incoming protection measure shall be made within 14 days after the date of the interlocutor concerned. (9) Where— (a) the sheriff has dispensed with intimation of the application on the person causing the risk; and (b) the person causing the risk has not appeared in the application, the time within which the person causing the risk may make an appeal shall be reckoned from the date on which notice is given in accordance with paragraph (4). ## 3.45.12 Attachment of power of arrest to incoming protection measure (1) In this rule, “the Act of 2001” means the Protection from Abuse (Scotland) Act 2001. (2) Where the sheriff attaches a power of arrest to a protection measure under section 1(2) of the Act of 2001, the following documents shall be served along with the power of arrest in accordance with section 2(1)— (a) a copy of the protection measure; (b) a copy of the Article 5 certificate issued by the issuing authority of a participating Member State in accordance with Article 5 of the MRP Regulation; and (c) a copy of any interlocutor adjusting the factual elements of the protection measure. (3) After the power of arrest has been served, the following documents shall be delivered by the protected person to the chief constable of the Police Service of Scotland in accordance with section 3(1)— (a) a copy of the protection measure; (b) a copy of the Article 5 certificate issued by the issuing authority of a participating Member State in accordance with Article 5 of the MRP Regulation; (c) a copy of any interlocutor adjusting the factual elements of the protection measure; (d) a copy of the application for the attachment of the power of arrest; (e) a copy of the interlocutor attaching the power of arrest; (f) a copy of the certificate of service of the power of arrest and the documents that required to be served along with it in accordance with section 2(1) of the Act of 2001; and (g) where a determination has previously been made in respect of the protection measure under section 3(1) of the Domestic Abuse (Scotland) Act 2011, a copy of the interlocutor making the determination. (4) An application under the following provisions of the Act of 2001 shall be made by minute in the process of the application in which the power of arrest was attached— (a) section 2(3) (extension of power of arrest); (b) section 2(7) (recall of power of arrest). (5) Where the sheriff extends the duration of, or recalls, a power of arrest, the person who obtained the extension, or the recall as the case may be, shall deliver a copy of the interlocutor granting the extension or the recall in accordance with section 3(1) of the Act of 2001. (6) Where the sheriff pronounces an interlocutor granting an application mentioned in rule 3.45.10(1)(a) to (c) in respect of an incoming protection measure to which a power of arrest is attached, the applicant shall deliver a copy of that interlocutor to the chief constable of the Police Service of Scotland in accordance with section 3(1) of the Act of 2001. (7) Where a person is required to comply with section 3(1) of the Act of 2001, that person shall, after complying with that section, lodge in process a certificate of delivery in Form 67. ## 3.45.13 Determination that incoming protection measure is a domestic abuse interdict (1) This rule applies where the sheriff makes a determination that an incoming protection measure is a domestic abuse interdict. (2) A protected person who serves under 3(4) of the Domestic Abuse (Scotland) Act 2011 a copy of an interlocutor containing a determination under section 3(1) shall lodge in process a certificate of service. (3) Paragraph (4) applies where, in respect of the same protection measure— (a) a power of arrest under section 1 of the Protection from Abuse (Scotland) Act 2001 is in effect; and (b) a determination is made. (4) Where such a determination is made, the person who obtained the determination shall send to the chief constable of the Police Service of Scotland a copy of the interlocutor making the determination and the certificate of service. (5) Where a person is required by virtue of this rule to send documents to the chief constable of the Police Service of Scotland, that person must, after such compliance, lodge in process a certificate of sending in Form 68. ### Chapter PARTXLVI: COUNTER-TERRORISM AND SECURITY ACT 2015 ## 3.46.1 Interpretation In this Part “Schedule 1” means Schedule 1 to the Counter-Terrorism and Security Act 2015. ## 3.46.2 Applications for extended retention of travel documents (1) An application to the sheriff for an order under paragraph 8(1) of Schedule 1 (extension of 14-day period by judicial authority) is to be in Form 69. (1A) Where an applicant seeks an order under paragraph 10(1) of Schedule 1 (order that specified information be withheld), the application for that order is to be included in Form 69. (2) On receipt of an application, the sheriff is to fix a date for the determination of the application. (3) The applicant must intimate the application to the person to whom it relates— (a) in Form 70, which is to be accompanied by a copy of the application; and (b) within the timescale and by the method specified by the sheriff. (4) Where— (a) at any time before intimation of an application, the sheriff grants an order under paragraph 10 of Schedule 1 (order that specified information be withheld); and (b) the information to which the order relates includes information contained in the application, the sheriff may order intimation of the application under deletion of that information. ## 3.46.3 Further applications for extended retention of travel documents A further application under paragraph 8(1) of Schedule 1, by virtue of paragraph 12(1), is to be made by minute in the process relating to the extension of the 14-day period. ### Chapter PART XLVII: SERIOUS CRIME PREVENTION ORDERS ## 3.47.1 Interpretation In this part— “the 2007 Act” means the Serious Crime Act 2007; “person who is the subject of a serious crime prevention order” is to be construed in accordance with section 1(6) of the 2007 Act; “serious crime prevention order” has the meaning given by section 1(5) of the 2007 Act; and “subject” means the person who is the subject of a serious crime prevention order. ## 3.47.2 Serious Crime Prevention Orders (1) An application by the Lord Advocate under section 8(aa) of the 2007 Act (limited class of applicants for making of orders) is to be made by summary application. (2) When a summary application is lodged, the court must— (a) fix a date for a hearing; (b) order intimation of the application within 7 days to the person who is the proposed subject of the order; and (c) order answers to be lodged within a period not exceeding 21 days. (3) The application is to identify any person (other than the person who is the proposed subject of the order) in respect of whom the order sought may be likely to have a significant adverse effect or (as the case may be) state that there is no such person. (4) A serious crime prevention order made under section 1 of the 2007 Act is to be made in Form 71. (5) If the subject is not personally present or represented at the hearing at which the order is made, the applicant must serve a copy of the order on the subject. ## 3.47.3 Third party representations (1) Paragraphs (2) and (3) of this rule apply where a third party is identified by the applicant under rule 3.47.2(3). (2) The court must order the applicant to intimate the application to any such third party within 7 days. (3) An application by a third party to make representations under section 9 of the 2007 Act is made by minute in the process within 14 days from the date of intimation. (4) The court may consider a minute by a third party, whether identified in accordance with rule 3.47.2(3), rule 3.47.4(2) or otherwise, without a hearing unless the third party requests a hearing or it seems to the court appropriate to fix a hearing. (5) If the court grants an application made in accordance paragraph (3) the court must— (a) specify the manner in which representations are to be made; and (b) intimate to the third party the date of any hearing fixed under rule 3.47.2(2)(a). ## 3.47.4 Variation or discharge of a serious crime prevention order (1) An application to vary or discharge a serious crime prevention order is made in Form 72. (2) An application under paragraph (1) is to identify any person (other than the person who is the proposed subject of the order) in respect of whom the variation or discharge may be likely to have a significant adverse effect or (as the case may be) state that there is no such person known to the applicant. (3) When an application under paragraph (1) is lodged, the court must— (a) fix a date for a hearing; (b) order intimation of the application within 7 days— (i) where the applicant is the relevant applicant authority, to the person who is the subject of the order; or (ii) where the applicant is the person who is the subject of the order, to relevant applicant authority; or (iii) where the applicant is any other person, to both the relevant applicant authority and the person who is the subject of the order; and (iv) where a person is identified by the applicant under paragraph (2), to that person; and (c) order answers to be lodged within a period not exceeding 21 days. (4) If the subject is not personally present or represented at the hearing at which the order is varied or discharged, the applicant must serve a copy of the varied order or, as the case may be, the interlocutor discharging the order, on the subject. ### Chapter PART XLVIII: TRAFFICKING AND EXPLOITATION ORDERS ## 3.48.1 Interpretation In this Part— “the 2015 Act” means the Human Trafficking and Exploitation (Scotland) Act 2015; “trafficking and exploitation prevention order” means an order made under section 18 of the 2015 Act. and “trafficking and exploitation risk order” means an order made under section 26 of the 2015 Act. ## 3.48.2 Variation, renewal or discharge of trafficking and exploitation prevention orders (1) An application under section 23 of the 2015 Act to vary, renew or discharge a trafficking and exploitation prevention order is made by minute in the process relating to the application for the order. (2) A minute under paragraph (1) is made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules. (3) Where an application under section 23 of the 2015 Act to vary, renew or discharge an order is made in a sheriff court other than the sheriff court in which the process relating to the application for the order is held— (a) it must be made by summary application; (b) the initial writ containing the application must contain averments as to the sheriff court in which the process relating to the trafficking and exploitation prevention order is held; (c) the sheriff clerk with whom the application is lodged must notify the sheriff clerk of the sheriff court in which the process relating to the trafficking and exploitation prevention order is held; and (d) that sheriff clerk must, not later than 4 days after receipt of such notification, transfer the process relating to the trafficking and exploitation prevention order to the sheriff clerk of the sheriff court in which the application is made. (4) For the purposes of paragraph (3), the sheriff court in which the process relating to the order is held is the sheriff court in which the trafficking and exploitation prevention order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred. (5) A failure of the sheriff clerk to comply with paragraph (3) shall not invalidate the application. ## 3.48.3 Variation, renewal or discharge of a trafficking and exploitation risk order (1) An application under section 29 of the 2015 Act to vary, renew or discharge a trafficking an exploitation risk order is made by minute in the process relating to the application for the order. (2) A minute under paragraph (1) is made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules. (3) Where an application under section 29 of the 2015 Act to vary, renew or discharge an order is made in a sheriff court other than the sheriff court in which the process relating to the application for the order is held— (a) it must be made by summary application; (b) the initial writ containing the application must contain averments as to the sheriff court in which the process relating to the trafficking and exploitation risk order is held; (c) the sheriff clerk with whom the application is lodged must notify the sheriff clerk of the sheriff court in which the process relating to the trafficking and exploitation risk order is held; and (d) that sheriff clerk must, not later than 4 days after receipt of such notification transfer the process relating to the trafficking and exploitation risk order to the sheriff clerk of the sheriff court in which the application is made. (4) For the purposes of paragraph (3), the sheriff court in which the process relating to the order is held is the sheriff court in which the trafficking and exploitation risk order was granted, or where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred. (5) A failure of the sheriff clerk to comply with paragraph (3) shall not invalidate the application. ### Chapter PARTXLIX: ILLEGAL WORKING AND LABOUR MARKET ENFORCEMENT ORDERS ## 3.49.1 Interpretation In this Part— “the Act” means the Immigration Act 2016; “application for compensation” means an application for compensation under paragraph 15 of schedule 6 of the Act; and “illegal working compliance order” means an order made under paragraph 5 of schedule 6 of the Act. ## 3.49.2 Applications in relation to illegal working (1) An application under any of the following paragraphs of schedule 6 of the Act— (a) paragraph 7 (extension of illegal working compliance orders); (b) paragraph 8 (variation or discharge of illegal working compliance orders); (c) paragraph 12 (access to other premises); and (d) paragraph 13 (reimbursement of costs), is to be made by minute in the process relating to the illegal working compliance order. (2) A minute under paragraph (1) is to be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules. ## 3.49.3 Applications for compensation (1) Subject to paragraph (2), an application for compensation is to be made by minute in the process relating to the illegal working compliance order. (2) Where the illegal working closure notice under paragraph 1 of schedule 6 of the Act was cancelled under paragraph 3(1)(a) of that schedule, an application for compensation is to be made by summary application. ## 3.49.4 Labour market enforcement orders (1) An application under section 19 of the Act is to contain details of any labour market enforcement order made under section 18 of the Act which is already in force in respect of the subject of the application. (2) An application under section 23 of the Act for variation or discharge of a labour market enforcement order made under section 18 of the Act is to be made by minute in the process relating to the order. (3) Where an application referred to in paragraph (2) is made in a sheriff court other than the sheriff court in which the process relating to the order is held— (a) the sheriff clerk with whom the application is lodged is to notify the sheriff clerk of the sheriff court in which the process relating to the order is held; and (b) the sheriff clerk of the sheriff court in which the process relating to the order is held is, not later than 4 days after receipt of such notification, to transfer the process relating to the order to the sheriff clerk of the sheriff court in which the application is made. (4) For the purposes of paragraph (3), the sheriff court in which the process relating to the order is held is the sheriff court in which the order was made or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred. ### Chapter PART L: ELECTRONIC COMMUNICATIONS CODE ## 3.50.1 Interpretation In this Part— “the 2003 Act” means the Communications Act 2003; “the Code” means the Electronic Communications Code set out in schedule 3A of the Communications Act 2003; “Electronic Communications Code order” means a Part 4ZA order or Part 4A order; “the Jurisdiction Regulations” means the Electronic Communications Code (Jurisdiction) Regulations 2017; “Part 4A order” means an order under paragraph 27E(2) (code rights in respect of land connected to leased premises: unresponsive occupiers) of the Code; “Part 4ZA order” means an order under paragraph 27ZF(2) (code rights in respect of land: unresponsive occupiers) of the Code. ## 3.50.2 Transfer from Lands Tribunal for Scotland (1) On receipt of the documentation in proceedings which have been transferred from the Lands Tribunal for Scotland to the sheriff under regulation 5 of the Jurisdiction Regulations, the sheriff clerk must record the date of receipt on the first page of the documentation. (2) Within 7 days of receipt of the documentation referred to in paragraph (1), the sheriff may make such order as he or she thinks fit to secure, so far as practicable, that the cause thereafter proceeds in accordance with these Rules. (3) An order under paragraph (2) may include— (a) where the cause has not been intimated to the respondent before being transferred to the sheriff, an order for the applicant to make intimation of the cause to the respondent; (b) where no response has been lodged by the respondent in the cause, an order for answers to be lodged; (c) an order for a hearing to determine further procedure. ## 3.50.3 Electronic Communications Code orders Rules 3.50.4 to 3.50.7 apply to an application for an Electronic Communications Code order. ## 3.50.4 Form of application (1) An application is to be made by summary application. (2) The application is to include averments narrating how the conditions specified in— (a) paragraph 27ZE(1) (requirements to be met before applying for an order under this Part), in respect of an application for a Part 4ZA order; or (b) in paragraph 27D(1) (requirements to be met before applying for an order under this Part), in respect of an application for a Part 4A order, of the Code have been met. (3) When lodging an application for a Part 4A order, the pursuer is to lodge a copy of the notices required by paragraph 27C (requirements to be met before applying for an order under this Part) of the Code. ## 3.50.5 Warrants, forms and certificate of citation (1) A warrant of citation is to be in Form 2C (form of warrant of citation for a Part 4ZA order or Part 4A order under schedule 3A of the Communications Act 2003). (2) Citation in respect of a warrant granted under paragraph (1) is to be in Form 3C (form of citation for summary application for a Part 4ZA order or Part 4A order under schedule 3A of the Communications Act 2003). (3) When serving a copy of the initial writ and warrant of citation, the applicant is to append thereto Form 5B (form of defender’s opposition to application for a Part 4ZA order or Part 4A order under schedule 3A of the Communications Act 2003). ## 3.50.6 Opposition to application (1) Where a defender opposes an application, a notice of opposition must be lodged in Form 5B within the period of notice. (2) The defender must intimate a copy of the notice of opposition to the pursuer. (3) When a notice of opposition is lodged with the court, the sheriff must dismiss the application. ## 3.50.7 Procedure where no notice of opposition is lodged Where no notice of opposition has been lodged with the court within the period of notice— (a) the pursuer may return the application, together with a completed certificate of service, to the sheriff clerk requesting that the sheriff make an order granting the application in absence; and (b) the sheriff may, thereafter— (i) determine the application without a hearing; and (ii) grant decree in absence. ### Chapter PARTLI: DRUG DEALING TELECOMMUNICATIONS RESTRICTION ORDERS ## 3.51.1 Interpretation In this Part— “the 2015 Act” means the Serious Crime Act 2015; “DDTRO Regulations” means the Drug Dealing Telecommunications Restriction Orders Regulations 2017; and unless the context otherwise requires, words and expressions used in this Part and in the 2015 Act or the DDTRO Regulations have the meaning given by the 2015 Act or the DDTRO Regulations, as the case may be. ## 3.51.2 Drug Dealing Telecommunications Restriction Orders (1) An application under regulation 3 of the DDTRO Regulations (power to make a DDTRO) for a DDTRO— (a) is to be made by summary application in Form 73; and (b) must not be intimated to an affected person or their legal representative. (2) A DDTRO is to be made in Form 74. (3) An application for discharge, extension or variation of a DDTRO is to be made by an application in the process relating to the DDTRO in Form 75. (4) Where an application under paragraph (3) is made, the sheriff may make such orders as he or she thinks fit for dealing with the application, including an order— (a) requiring the applicant to intimate the application and any court order relating to it to any other person; (b) requiring any party to lodge answers; and (c) fixing a hearing on the application and any answers. (5) An application for a DDTRO must be heard and determined in private. (6) All proceedings in an application for discharge, extension or variation of a DDTRO must be heard and determined in public. (7) Rule 2.5 (order for intimation to interested persons by the sheriff) does not apply to applications under this Part. (8) Rule 2.30 (motion procedure), applying Chapter 15 of the Ordinary Cause Rules, applies to motions under this Part. ### Chapter PARTLII: CARE HOMES: EMERGENCY INTERVENTION ORDERS ## 3.52.1 Interpretation In this Part— “the 2010 Act” means the Public Services Reform (Scotland) Act 2010 as modified by paragraph 17 (emergency intervention orders) of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020; “emergency intervention order” has the meaning given by section 65A(2) (care homes: emergency intervention orders) of the 2010 Act. ## 3.52.2 Applications under section 65A of the 2010 Act (1) An application for an emergency intervention order under section 65A(1) of the 2010 Act must be made by summary application. (2) An interim order under section 65A(3) of the 2010 Act must be sought by crave in the initial writ for the emergency intervention order. (3) An application under section 65A(13) of the 2010 Act for variation, extension or revocation of an emergency intervention order must be made by minute in the process for the emergency intervention order to which it relates. (4) An application under section 65A(14) of the 2010 Act for variation or recall of an interim order granted under section 65A(3) of that Act must be made by motion in the process of the emergency intervention order to which it relates. ### Chapter PART LIII: AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) ACT 2019 ## 3.53.1 Application and interpretation of this Part (1) This Part applies to applications under— (a) section 34 (application for order authorising search in relation to child under 12); (b) section 42 (application for child interview order); (c) section 61 (application for order authorising taking of prints and samples from child), of the Age of Criminal Responsibility (Scotland) Act 2019. (2) In this Part, “the 2019 Act” means the Age of Criminal Responsibility (Scotland) Act 2019 and, unless the context otherwise requires, words and expressions used in this Part and in the 2019 Act have the meaning given by that Act. ## 3.53.2 Form of application An application under— (a) section 34 of the 2019 Act must be made in Form 76; (b) section 42 of the 2019 Act must be made in Form 77; (c) section 61 of the 2019 Act must be made in Form 78. ## 3.53.3 Processing of application (1) On receipt by the court of an application to which this Part applies, it must be placed before the sheriff forthwith. (2) Rule 2.5 (order for intimation to interested persons by the sheriff) does not apply to applications to which this Part applies. (3) Where— (a) under sections 35(2), 43(2) or 62(2) (consideration of need for enquiry or hearing) of the 2019 Act, the sheriff considers it appropriate to enquire or hold a hearing; (b) under sections 35(3), 43(3) or 62(3) (consideration of opportunity to make representations) of the 2019 Act, the sheriff considers that any of the persons mentioned in paragraphs (a) to (d) of those subsections should be given an opportunity to make representations, the sheriff may make such order as the sheriff thinks fit in relation to that. ## 3.53.4 Form of order An order under— (a) section 36 (order authorising search in relation to child under 12) of the 2019 Act must be in Form 79; (b) section 44(2) (child interview order) of the 2019 Act must be in Form 80; (c) section 63 (order authorising taking of prints and samples from child) of the 2019 Act must be in Form 81. ## 3.53.5 Permission to appeal to Sheriff Appeal Court (1) An application for permission to appeal against a decision of the sheriff under sections 36, 44(2) or 63 of the 2019 Act must be made by motion. (2) Within 1 day after permission to appeal has been granted by the sheriff, the court must transfer the process to the Clerk of the Sheriff Appeal Court. ### Chapter PARTLIV: SEXUAL HARM PREVENTION ORDERS AND SEXUAL RISK ORDERS ## 3.54.1 Interpretation In this Part— “the 2016 Act” means the Abusive Behaviour and Sexual Harm (Scotland) Act 2016; “interim sexual harm prevention order” and “sexual harm prevention order” means an order under section 21 (interim orders) and 12 (making of order against qualifying offender on application to sheriff) of the 2016 Act respectively; “interim sexual risk order” and “sexual risk order” means an order under section 31 (interim orders) and 27 (making of order) of the 2016 Act respectively. ## 3.54.2 Warrant, Form of Citation and notices (1) A warrant for citation in an application under this Part is to be in Form 2B (form of warrant of citation under Chapters 3 and 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016). (2) Citation in respect of a warrant granted under paragraph (1) is to be in Form 3B (form of citation for summary application under Chapters 3 and 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016). (3) Where a person on whom service has been executed wishes for a hearing to be held, that person is to— (a) give, within 21 days of the date of service, notice under section 12(4) or 27(5) (making of an order) of the 2016 Act; and (b) lodge answers at the same time and send a copy of them to the applicant. (4) Where a person has been served with an application under section 12 of the 2016 Act and disputes under section 15(4)(a) (qualifying offender: conviction etc. outside United Kingdom) of that Act that section 12(2)(b) is satisfied, the person is to serve a notice in accordance with section 15(4)(a) of that Act within 21 days of the date on which they were served with the application under section 12 of that Act. ## 3.54.3 Procedure where no notice under section 12(4) or 27(5) is given (1) Where no notice of a wish for a hearing under section 12(4) or 27(5) of the 2016 Act has been given to the sheriff within the period of notice contained in the warrant of citation, the applicant may return the application, together with a duly completed execution of service, to the sheriff clerk requesting the sheriff make an order for further procedure under section 12(3)(b)(i) or (ii) or section 27(4)(b)(i) or (ii) (as the case may be) of the 2016 Act. (2) Where the sheriff gives an opportunity under section 12(3)(b)(ii) or section 27(4)(b)(ii) of the 2016 Act for written representations to be made, the sheriff is to specify the period for lodging the written representations with the court and any party lodging any written representations is at the same time to intimate a copy of them to the other party. ## 3.54.4 Variation, renewal or discharge of sexual harm prevention orders or sexual risk orders (1) Subject to paragraph (2), an application under— (a) section 20 (variation, renewal and discharge) of the 2016 Act to vary, renew or discharge a sexual harm prevention order; or (b) section 30 (variation, renewal and discharge) of the 2016 Act to vary, renew or discharge a sexual risk order, is to be made by minute in the process relating to that order. (2) Where an application to vary, renew or discharge a sexual harm prevention order or sexual risk order is made in a sheriff court other than the sheriff court in which the process relating to the order is held— (a) the application is to be made by summary application; (b) the initial writ containing the application is to contain averments as to the sheriff court in which the process relating to the order is held; (c) the sheriff clerk with whom the application is lodged is to notify the sheriff clerk of the sheriff court in which the process relating to the order is held; and (d) the sheriff clerk of the sheriff court in which the process relating to the order is held must, not later than 4 days after receipt of such notification, transfer the process relating to the order to the sheriff clerk of the sheriff court in which the application is made. (3) For the purposes of paragraph (2), the sheriff court in which the process relating to the order is held is the sheriff court in which the order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred. (4) Where— (a) a minute under paragraph (1) is lodged, the sheriff is to order intimation of the minute; (b) a person on whom intimation of a minute under paragraph (1) has been made wishes for a hearing to be held, that person is to— (i) give, within 21 days of the date of intimation of the minute, notice under section 20(8) or section 30(7) of the 2016 Act (as the case may be); and (ii) lodge answers at the same time and send a copy of them to the minuter; (c) no notice of a wish for a hearing under section 20(8) or 30(7) of the 2016 Act has been given to the sheriff within the period of notice contained in the warrant of citation, the minuter may return the minute, together with a duly completed certificate of intimation, to the sheriff clerk requesting the sheriff make an order for further procedure under section 20(7)(b)(i) or (ii) or section 30(6)(b)(i) or (ii) (as the case may be) of the 2016 Act. (5) Where an application referred to in paragraph (2) has been made— (a) if a person on whom service has been executed wishes for a hearing to be held, that person is to— (i) give, within 21 days of the date of service, notice under section 20(8) or 30(7) of the 2016 Act (as the case may be); and (ii) lodge answers at the same time and send a copy of them to the applicant; (b) if no notice of a wish for a hearing under section 20(8) or 30(7) of the 2016 Act has been given to the sheriff within the period of notice contained in the warrant of citation, the applicant may return the application, together with a duly completed certificate of intimation, to the sheriff clerk requesting the sheriff make an order for further procedure under section 20(7)(b)(i) or (ii) or section 30(6)(b)(i) or (ii) (as the case may be) of the 2016 Act. (6) Where paragraph (4)(c) or paragraph (5)(b) applies and the sheriff gives an opportunity to make written representations under section 20(7)(b)(ii) or section 30(6)(b)(ii) of the 2016 Act— (a) the sheriff is to specify the period for lodging the written representations with the court; and (b) any party lodging written representations is at the same time to intimate a copy of them to any other party. (7) If the sexual harm prevention order or sexual risk order to which the application to vary, renew or discharge relates is an order made in England or Wales or is a sexual offences prevention order, a foreign travel order or a risk of sexual harm order made in Northern Ireland under the Sexual Offences Act 2003— (a) paragraph (4) does not apply and a first application is to be made by initial writ in Form 1 (form of initial writ); and (b) where any subsequent application under sub-paragraph (a) is made, that application is to be made by minute in the process. (8) Where paragraph (7) applies the sheriff clerk is to send a certified copy of the interlocutor varying, renewing or discharging (as the case may be) the order to the court which originally imposed that order. (9) A failure of the sheriff clerk to comply with paragraph (2) does not invalidate the application. ## 3.54.5 Interim sexual harm prevention orders or interim sexual risk orders (1) Subject to paragraph (2), an application for an interim sexual harm prevention order or interim sexual risk order is to be made— (a) by crave in the initial writ containing the application for a sexual harm prevention order or sexual risk order, as the case may be (“the main application”); or (b) if an application has already been made, by way of motion. (2) Where an application for an interim sexual harm prevention order or interim sexual risk order is made in a sheriff court other than the sheriff court in which the main application was lodged— (a) the application is to be made by summary application; (b) the initial writ containing the application is to contain averments as to the sheriff court in which the main application was lodged; and (c) the sheriff clerk with whom the application is lodged is to notify the sheriff clerk of the sheriff court in which the main application was lodged. (3) There is to be produced with a summary application under paragraph (2) copies of the following documents, certified as correct by the applicant’s solicitor or the sheriff clerk— (a) the initial writ containing the main application; (b) any answers to the main application; and (c) any interlocutors pronounced in the main application. (4) The sheriff clerk is to send a certified copy of any interlocutor disposing of a summary application under paragraph (2) to the sheriff clerk of the sheriff court in which the main application was lodged. (5) Rule 3.54.4 (variation, renewal or discharge of sexual harm prevention orders or sexual risk orders) applies for the purpose of an application for an order for variation, renewal or discharge of an interim sexual harm prevention order or interim sexual risk order, subject to any necessary modifications. (6) A failure of the sheriff clerk to comply with paragraph (2)(c) or (4) does not invalidate the main application or the summary application under paragraph (2). ## 3.54.6 Service of orders (1) This rule applies to— (a) a sexual harm prevention order; (b) an interim sexual harm prevention order; (c) a sexual risk order; (d) an interim sexual risk order; (e) an order varying or renewing an order mentioned in sub-paragraphs (a) to (d). (2) The sheriff clerk must serve a copy of the order on the person against whom it has effect. (3) For the purposes of paragraph (2), a copy of the order is served— (a) where the person against whom the order has effect is present in court when the order is made— (i) by giving it to the person and obtaining a receipt therefor; (ii) by sending it to the person by recorded delivery or registered post; or (iii) by causing it to be served by sheriff officer; or (b) where the person against whom the order has effect is not present in court when the order is made— (i) by sending it to the person by recorded delivery or registered post; or (ii) by causing it to be served by sheriff officer. (4) A failure by the sheriff clerk to comply with this rule does not invalidate the order. ## Signature Rodger of Earlsferry Lord President, I.P.D Edinburgh 19th March 1999 ## Schedule 1 FORMS FORM A1 Rule 2.4(1) FORM 1 Form of initial writ Rule 2.4(1) FORM 2 Form of warrant of citation Rule 2.7(4)(a) FORM 2A Form of warrant of citation Rule 3.18.3(1) FORM 2B FORM 2C FORM 3 Form of citation for summary application Rule 2.7(4)(a) FORM 3A Form of citation for summary application Rule 3.18.3(2) FORM 3B FORM 3C FORM 4 Form of warrant of citation where time to pay direction may be applied for Rule 2.7(5) FORM 5 Form of notice to be served on defender where time to pay direction or time order may be applied for FORM 5A Form of pursuer's response objecting to application for time to pay direction or time order Rule 2.22(4) FORM 5B FORM 6 Form of citation where time to pay direction may be applied for in summary application Rule 2.7(7) FORM 6ZA Form of warrant of citation in an application to which rule 2.7(7ZA) (a) applies Rule 2.7(7ZA)(a) FORM 6ZB Form of citation in an application to which rule 2.7(7ZA) (a) applies Rule 2.7(7ZA)(b) FORM 6A Form of warrant of citation in an application to which rule 2.7(7A) applies Rule 2.7(7A)(a) . . . . . . . . . . . . . . . . . . . . FORM 6B Form of citation in an application to which rule 2.7(7A) applies Rule 2.7(7A)(b) . . . . . . . . . . . . . . . . . . . . FORM 7 Form of certificate of citation CERTIFICATE OF CITATION Rule 2.7(8) FORM 8 Form of caveat Rule 2.9(1) FORM 9 Form of advertisement Rule 2.13(1)(a) FORM 10 Form of notice for walls of court Rule 2.13(1)(b) FORM 10A Form of schedule of arrestment on the dependence SCHEDULE OF ARRESTMENT ON THE DEPENDENCE Rule 2.18A FORM 10B Form of certificate of execution of arrestment on the dependence CERTIFICATE OF EXECUTION Rule 2.18A FORM 11 Form of extract decree Rule 2.26 FORM 11AA FORM 11AB FORM 11AC Invitation to the Scottish Commission for Human Rights to intervene . . . . . . . . . . . . . . . . . . . . FORM 11A Form of order for recovery of documents etc. under the Administration of Justice (Scotland) Act 1972 Rule 3.1.6 FORM 11B Notice to accompany order in Form 11A when served by Commissioner Rule 3.1.9(a) FORM 11C Form of certificate of completion of pre-action requirements Rule 3.4.3(2) FORM 11D Form of notice to entitled residents in an application for enforcement of security over residential property Rule 3.4.6 FORM 11E Form of application to court by entitled resident Rule 3.4.6 and 3.4.7 FORM 11F Form of minute for recall of decree Rule 3.4.8(2) FORM 11G Form of intimation where peremptory diet fixed in a recall of decree application Rule 3.4.8(10) FORM 12 FORM OF NOTICE TO BE SERVED ON PERSON WHO IS SUBJECT OF HOSPITAL ORDER, GUARDIANSHIP ORDER OR COMMUNITY CARE ORDER PROCEEDINGS. Rule 3.8.3(1) FORM 13 FORM OF NOTICE TO RESPONSIBLE MEDICAL OFFICER Rule 3.8.3(3) FORM 14 FORM OF CERTIFICATE OF DELIVERY BY RESPONSIBLE MEDICAL OFFICER Rule 3.8.4(1)(b) and 3.8.4(2)(a) FORM 15 FORM OF APPEAL FOR REVOCATION OF A COMMUNITY CARE ORDER UNDER SECTION 35F OF THE MENTAL HEALTH (SCOTLAND) ACT 1984 Rule 3.8.11 FORM 16 FORM OF NOTICE TO PERSON WITH INTEREST IN PROPERTY SUBJECT TO AN APPLICATION FOR AN ORDER UNDER PARAGRAPH 12 OF SCHEDULE 1 TO THE PROCEEDS OF CRIME (SCOTLAND) ACT 1995 Rule 3.9.9(b) FORM 17 Representation of the People Act 1983 Rule 3.11.14(1) FORM 18 Representation of the People Act 1983 Rule 3.11.14(4) FORM 19 Representation of the People Act 1983 Rule 3.11.15(1) FORM 20 Form of notice of an application under the Adults with Incapacity (Scotland) Act 2000 Rule 3.16.4(1) FORM 21 Form of notice to managers Rule 3.16.4(3) FORM 22 Form of certificate of delivery by manager Rule 3.16.4(4) FORM 23 Summary application under the Adults with Incapacity (Scotland) Act 2000 Rule 3.16.7(1) FORM 24 Appeal to the sheriff under the Adults with Incapacity (Scotland) Act 2000 Rule 3.16.7(2) FORM 25 Antisocial Behaviour etc. (Scotland) Act 2004 CLOSURE NOTICE Rule 3.27.6(1) FORM 26 Antisocial Behaviour etc. (Scotland) Act 2004 CERTIFICATION OF SERVICE Rule 3.27.6(2) FORM 27 Antisocial Behaviour etc. (Scotland) Act 2004 Rule 3.27.7 FORM 28 Antisocial Behaviour etc. (Scotland) Act 2004 Minute Application for extension of closure order Rule 3.27.8 FORM 29 Antisocial Behaviour etc. (Scotland) Act 2004 Minute Application for revocation of closure order Rule 3.27.9 FORM 30 Antisocial Behaviour etc. (Scotland) Act 2004 Minute Application for access to premises in respect of which a closure order is in force Rule 3.27.10 FORM 31 Antisocial Behaviour etc. (Scotland) Act 2004 Intimation that court may make or revoke or vary a parenting order Rule 3.27.16 FORM 32 Antisocial Behaviour etc. (Scotland) Act 2004 Form of notice to local authority requesting a report in respect of a child Rule 3.27.17 FORM 33 Note of Appeal under Licensing (Scotland) Act 2005 Rule 3.34.2 . . . . . . . . . . . . . . . . . . . . FORM 34 Form of certificate of delivery of documents under section 26(2), 27(1) or 27(2) of the Adult Support and Protection (Scotland) Act 2007 FORM 35 Form of application for warrant for entry under section 38(2) of the Adult Support and Protection (Scotland) Act 2007 FORM 36 Form of application for warrant under section 2 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.2(1) FORM 37 Form of warrant for s public health investigation Rule 3.39.2(2) FORM 38 Form of application for medical examination of a person under section 34 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.3(1) FORM 39 Form of order for a medical examination Rule 3.39.3(3) FORM 40 Form of application for quarantine order under section 40 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.4(1) FORM 41 Form of quarantine order Rule 3.39.4(3) FORM 42 Form of application to have a person removed to and detained in hospital under section 42 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.5(1) FORM 43 Form of short term detention order - removal to and detention in hospital Rule 3.39.5(4) FORM 44 Form of application for a short term detention order under section 43 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.5(2) FORM 45 Form of short term detention order - detention in hospital Rule 3.39.5(5) FORM 46 Form of application for exceptional detention order under section 45 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.6(1) FORM 47 Form of exceptional detention order Rule 3.39.6(3) FORM 48 Form of application for extension of a quarantine order, short term detention order or exceptional detention order under section 49 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.7(1) FORM 49 Form of order extending a quarantine order, short term detention order or exceptional detention order Rule 3.39.7(3) FORM 50 Form of application for modification of a quarantine order, short term detention order or exceptional detention order under section 51 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.8(1) FORM 51 Form of modification of a quarantine order, short term detention order or exceptional detention order Rule 3.39.8(3) FORM 52 Form of application for recall of an order granted in the absence of the person to whom it applies under section 59 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.8(3) FORM 53 Form of order recalling a quarantine order, short term detention order or exceptional detention order Rule 3.39.9(3) FORM 54 Form of note of appeal under section 61 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.12(1) FORM 55 Form of application for warrant to enter premises and take steps under section 78 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.13(1) FORM 56 Form of warrant to enter premises and take steps under Part 5 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.13(2) FORM 57 Form of application for an order for disposal of a body under section 93 of the Public Health etc. (Scotland) Act 2008 Rule 3.39.14(1) FORM 58 Form of order for disposal of a body Rule 3.39.14(2) FORM 58A FORM 59 Form of application for judicial approval under section 23B(1) of the Regulation of Investigatory Powers Act 2000 FORM 60 Form of order under section 23A(2) of the Regulation of Investigatory Powers Act 2000 FORM 61 . . . . . . . . . . . . . . . . . . . . FORM 62 . . . . . . . . . . . . . . . . . . . . FORM 63 . . . . . . . . . . . . . . . . . . . . FORM 64 . . . . . . . . . . . . . . . . . . . . FORM 65 FORM 66 FORM 67 FORM 68 FORM 69 FORM 70 FORM 71 FORM 72 FORM 73 FORM 74 FORM 75 FORM 76 FORM 77 FORM 78 FORM 79 FORM 80 FORM 81 ## Schedule 2 REVOCATIONS (1) (2) (3) Act of Sederunt Reference Extent of Revocation Codifying Act of Sederunt 1913 SR & O 1913/638 Book L, Chapter X (proceedings under the Representation of the People Act 1983) Codifying Act of Sederunt 1913 SR & O 1913/638 Book L, Chapter XI (appeals to the Court under the Pilotage Act 1913) Act of Sederunt Regulating Appeals under the Pharmacy and Poisons Act 1933 SR & O 1935/1313 The whole Act of Sederunt Act of Sederunt (Betting, Gaming and Lotteries Act Appeals) 1965 1965/1168 The whole Act of Sederunt Act of Sederunt (Housing Appeals) 1966 1966/845 The whole Act of Sederunt Act of Sederunt (Sheriff Court Procedure under Part IV of the Housing (Scotland) Act 1969) 1970 1970/1508 The whole Act of Sederunt Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1976 1976/374 The whole Act of Sederunt Act of Sederunt (Proceedings under Sex Discrimination Act 1975) No 2 1976 1976/1851 The whole Act of Sederunt Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1977 1977/973 The whole Act of Sederunt Act of Sederunt (Appeals under the Licensing (Scotland) Act 1976) 1977 1977/1622 The whole Act of Sederunt Act of Sederunt (Betting and Gaming Appeals) 1978 1978/229 The whole Act of Sederunt Act of Sederunt (Appeals under the Rating (Disabled Persons) Act 1978) 1979 1979/446 The whole Act of Sederunt Act of Sederunt (Copyright, Designs and Patents) 1990 1990/380 The whole Act of Sederunt Act of Sederunt (Proceedings in the Sheriff Court under the Model Law on International Commercial Arbitration) 1991 1991/2214 The whole Act of Sederunt Act of Sederunt (Coal Mining Subsidence Act 1991) 1992 1992/798 The whole Act of Sederunt Act of Sederunt (Applications under Part III of the Criminal Justice (International Co-operation) Act 1990) 1992 1992/1077 The whole Act of Sederunt Act of Sederunt (Sheriff Court Summary Application Rules) 1993 1993/3240 The whole Act of Sederunt Act of Sederunt (Mental Health Rules) 1996 1996/2149 The whole Act of Sederunt Act of Sederunt (Proceeds of Crime Rules) 1996 1996/2446 The whole Act of Sederunt ## TABLE OF DERIVATIONS (This table is not part of the Act of Sederunt) In this Table— “the 1907 Act” means the Sheriff Courts (Scotland) Act 1907; “1913 A.S.” means the Codifying Act of Sederunt 1913, Book L, Chapter X (Proceedings under the Representation of the People Act 1983); “1965 A.S.” means the Act of Sederunt (Betting, Gaming and Lotteries Act Appeals) 1965; “1976 A.S.” means the Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1976; “1976 A.S. (No.2)” means the Act of Sederunt (Proceedings under the Sex Discrimination Act 1975) No.2 1976; “1977 A.S.” means the Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1977; “1977 A.S. (Licensing)” means the Act of Sederunt (Appeals under the Licensing (Scotland) Act 1976) 1977; “1978 A.S.” means the Act of Sederunt (Betting and Gaming Appeals) 1978; “1979 A.S.” means the Act of Sederunt (Appeals under the Rating (Disabled Persons) Act 1978) 1979; “1990 A.S.” means the Act of Sederunt (Copyright, Designs and Patents) 1990; “1991 A.S.” means the Act of Sederunt (Proceedings in the Sheriff Court under the Model Law on International Commercial Arbitration) 1991; “1992 A.S.” means the Act of Sederunt (Applications under Part III of the Criminal Justice (International Co-operation) Act 1990) 1992; “1992 A.S. (Coal)” means the Act of Sederunt (Coal Mining Subsistence Act 1991) 1992; “1993 Rules” means the Act of Sederunt (Sheriff Court Summary Application Rules) 1993; “OCR 1993” means the First Schedule to the 1907 Act; “1996 A.S.” means the Act of Sederunt (Mental Health Rules) 1996; “1996 A.S. (Crime)” means the Act of Sederunt (Proceeds of Crime Rules) 1996; and “1999 A.S.” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999. 1999 A.S. Rule Derivation Chapter 1 – General 1.1 1993 Rules, rule 1 1.2(1) 1907 Act, section 3 1.2(2) OCR 1993, rule 1.2(5) 1.2(3) 1993 Rules, rule 2(2) 1.3 1993 Rules, rule 3 1.4 New Provision Chapter 2 – Summary Applications Part I (Interpretation) 2.1 1993 Rules, rule 2(1) Part II (General Rules) 2.2 New provision 2.3 1993 Rules, rule 3 2.4 1993 Rules, rule 4 2.5 1993 Rules, rule 5 2.6 1993 Rules, rule 6 2.7 1993 Rules, rule 7 2.8 1993 Rules, rule 8 2.9 1993 Rules, rule 9 2.10 1993 Rules, rule 10 2.11 1993 Rules, rule 11 2.12 1993 Rules, rule 12 2.13 1993 Rules, rule 13 2.14 1993 Rules, rule 14 2.15 1993 Rules, rule 15 2.16 1993 Rules, rule 16 2.17 1993 Rules, rule 17 2.18 1993 Rules, rule 18 2.19 1993 Rules, rule 19 2.20 1993 Rules, rule 20 2.21 1993 Rules, rule 21 2.22 1993 Rules, rule 22 2.23 1993 Rules, rule 23 2.24 1993 Rules, rule 24 2.25 1993 Rules, rule 25 2.26 1993 Rules, rule 26 2.27 1993 Rules, rule 27 2.28 1993 Rules, rule 28 2.29 1993 Rules, rule 29 2.30 1993 Rules, rule 31 2.31 1993 Rules, rule 32 Chapter 3 – Rules on Applications under Specific Statutes Part I (Administration of Justice (Scotland) Act 1972) 3.1.1 New provision 3.1.2 1993 Rules, rule 30(1) Part II (Betting and Gaming Appeals) 3.2.1 New provision 3.2.2(1)(a)&(b) 1978 A.S., rule 4(1)(a)&(b) 3.2.2(1)(c) New provision 3.2.2(1)(d)&(e) 1965 A.S., rule 4 3.2.2(2) 1978 A.S., rule 4(2) 3.2.2(3) 1978 A.S., rule 7 3.2.3(1)&(2) 1978 A.S., rule 5 3.2.3(3) 1978 A.S., rule 7 3.2.4(1) 1978 A.S., rule 7, rule 6(1) 3.2.4(2) 1978 A.S., rule 6(1) 3.2.4(3) 1978 A.S., rule 6(3) 3.2.4(4) 1978 A.S., rule 7 3.2.5 1978 A.S., rule 8 Part III (Coal Mining Subsidence Act 1991) 3.3.1 1992 A.S. (Coal), rule 1(3) 3.3.2 1992 A.S. (Coal), rule 2 Part IV (Conveyancing and Feudal Reform (Scotland) Act 1970) 3.4.1 New provision 3.4.2 OCR 1993, rule 34.10(2) Part V (Copyright, Designs and Trade Marks) 3.5.1 1990 A.S., rule 1(3) 3.5.2 1990 A.S., rule 2(2) 3.5.3 1990 A.S., rule 3 3.5.4 1990 A.S., rule 4 Part VI (Drug Trafficking Act 1994) 3.6.1 New provision 3.6.2 1992 A.S., rule 2 3.6.3 1992 A.S., rule 3 3.6.4 1992 A.S., rule 4 3.6.5 1992 A.S., rule 5 3.6.6 1992 A.S., rule 6 Part VII (Licensing (Scotland) Act 1976) 3.7.1(1) 1977 A.S. (Licensing), rule 1(2)(a) 3.7.1(2) 1977 A.S. (Licensing), rule 2 3.7.2 1977 A.S. (Licensing), rule 3 3.7.3(1) 1977 A.S. (Licensing), rule 4 3.7.3(2) 1977 A.S. (Licensing), rule 5 Part VIII (Mental Health (Scotland) Act 1984) 3.8.1(1) 1996 A.S., rule 1(3) 3.8.1(2) 1996 A.S., rule 2(1) 3.8.2(1) 1996 A.S., rule 2(1)(a) 3.8.2(2) 1996 A.S., rule 2(2) 3.8.3(1) 1996 A.S., rule 2(1)(b) 3.8.3(2) 1996 A.S., rule 3(1) 3.8.3(3) 1996 A.S., rule 3(2) 3.8.3(4) 1996 A.S., rule 3(3) 3.8.4 1996 A.S., rule 4 3.8.5 1996 A.S., rule 5 3.8.6 1996 A.S., rule 6 3.8.7 1996 A.S., rule 7 3.8.8 1996 A.S., rule 8 3.8.9 1996 A.S., rule 9 3.8.10 1996 A.S., rule 10 3.8.11 1996 A.S., rule 11 Part IX (Proceeds of Crime (Scotland) Act 1995) 3.9.1 1996 A.S. (Crime), rule 1(3) 3.9.2 1996 A.S. (Crime), rule 3 3.9.3 1996 A.S. (Crime), rule 4 3.9.4 1996 A.S. (Crime), rule 5 3.9.5 1996 A.S. (Crime), rule 6 3.9.6 1996 A.S. (Crime), rule 7 3.9.7 1996 A.S. (Crime), rule 8 3.9.8 1996 A.S. (Crime), rule 9 3.9.9 1996 A.S. (Crime), rule 10 3.9.10 1996 A.S. (Crime), rule 11 3.9.11 1996 A.S. (Crime), rule 12 3.9.12 1996 A.S. (Crime), rule 13 3.9.13 1996 A.S. (Crime), rule 14 3.9.14 1996 A.S. (Crime), rule 15 3.9.15 1996 A.S. (Crime), rule 16 3.9.16 1996 A.S. (Crime), rule 17 3.9.17 1996 A.S. (Crime), rule 18 Part X (Rating (Disabled Persons) Act 1978) 3.10.1 1979 A.S., rule 1(2) 3.10.2 1979 A.S., rule 4 Part XI (Representation of the People Act 1983) 3.11.1 1913 A.S., rule 20 3.11.2 1913 A.S., rule 1 3.11.3 1913 A.S., rule 2(a) 3.11.4 1913 A.S., rule 2(b) 3.11.5 1913 A.S., rule 2(c) 3.11.6 1913 A.S., rule 3 3.11.7 1913 A.S., rule 4 3.11.8 1913 A.S., rule 5 3.11.9 1913 A.S., rule 6 3.11.10 1913 A.S., rule 7 3.11.11 1913 A.S., rule 8 3.11.12 1913 A.S., rule 9 3.11.13 1913 A.S., rule 10 3.11.14 1913 A.S., rule 11 3.11.15 1913 A.S., rule 12 3.11.16 1913 A.S., rule 13 3.11.17 1913 A.S., rule 14 3.11.18 1913 A.S., rule 15 3.11.19 1913 A.S., rule 16 3.11.20 1913 A.S., rule 17 3.11.21 1913 A.S., rule 18 Part XIII (Requests or Applications under the Model Law on International Commercial Arbitration) 3.12.1 1991 A.S., rule 1(3) 3.12.2 1991 A.S., rule 2 3.12.3 1991 A.S., rule 3 Part XIII (Sex Discrimination Act 1975) 3.13.1 1976 A.S. rule 2(1) 1977 A.S., rule 1.2 3.13.2 1976 A.S., rule 3 3.13.3 1976 A.S., rule 4 3.13.4(1)&(2) 1976 A.S. (No.2), rule 2 3.13.4(3) 1977 A.S., rule 2 ## TABLE OF DESTINATIONS (This table is not part of the Act of Sederunt) In this Table, “1999 Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999. Rule rule in 1999 Rules Codifying Act of Sederunt 1913, Book L, Chapter X Proceedings under the Representation of the People Act 1983) (SR & O 1913/638) Rule 1 3.11.2 Rule 2(a) 3.11.3 Rule 2(b) 3.11.4 Rule 2(c) 3.11.5 Rule 3 3.11.6 Rule 4 3.11.7 Rule 5 3.11.8 Rule 6 3.11.9 Rule 7 3.11.10 Rule 8 3.11.11 Rule 9 3.11.12 Rule 10 3.11.13 Rule 11 3.11.14 Rule 12 3.11.15 Rule 13 3.11.16 Rule 14 3.11.17 Rule 15 3.11.18 Rule 16 3.11.19 Rule 17 3.11.20 Rule 18 3.11.21 Rule 20 3.11.1(1) Codifying Act of Sederunt 1913, Book L, Chapter XI (Appeals to the Court under the Pilotage Act 1913) (SR & O 1913/638) Rule 1 1.4 Rule 2 2.6(2) Rule 3 2.7 Rule 4 Omitted Rule 5 Omitted Act of Sederunt Regulating Appeals under the harmacy and Poisons Act 1933 (SR & O 1935/1313) 1.4 Act of Sederunt (Betting, Gaming and Lotteries Act Appeals) 1965 (S.I. 1965/1168) Rule 4 3.2.2(1)(c), (d) & (e) Rule 5 Omitted Rule 6 Omitted Act of Sederunt (Housing Appeals) 1966 (S.I. 1966/845) Rule 1 1.4 Rule 2 2.24 Rule 3 Omitted Act of Sederunt (Sheriff Court Procedure under Part IV of the Housing (Scotland) Act 1969) 1970 (S.I. 1970/1508) Rule 1(1) 1.4 Rule 1(2) 2.4(8) Rule 2(1) 1.4 Rule 2(2) 2.4(8) Rule 2(3) Omitted Rule 3(1) 1.4 Rule 3(2) 2.4(8) Rule 3(3) 2.30 Rule 4 Omitted Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1976 (S.I. 1976/374) Rule 1 Omitted Rule 2(1) 3.13.1 Rule 2(2) Omitted Rule 3 3.13.2 Rule 4 3.13.3 Act of Sederunt (Proceedings under Sex Discrimination Act 1975) No. 2 1976 (S.I. 1976/1851) Rule 1 Omitted Rule 2 3.13.4(1) & (2) Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1977 (S.I. 1977/973) Rule 1(1) Omitted Rule 1(2) 3.13.1 Rule 1(3) Omitted Rule 2 3.13.4(3) Act of Sederunt (Appeals under the Licensing (Scotland) Act 1976) 1977 (S.I. 1977/1622) Rule 1(1) Omitted Rule 1(2)(a) 3.7.1(1) Rule 1(2)(b) Omitted Rule 2 3.7.1(2) Rule 3 3.7.2 Rule 4 3.7.3(1) Rule 5 3.7.3(2) Act of Sederunt (Betting and Gaming Appeals) 1978 (S.I. 1978/229) Rule 1 Omitted Rule 2 Omitted Rule 3 1.4 Rule 4(1)(a) 3.2.2(1)(a) Rule 4(1)(b) 3.2.2(1)(b) Rule 4(2) 3.2.2(2) Rule 5(1) 3.2.3(1) Rule 5(2) 3.2.3(2) Rule 6(1) 3.2.4(2) Rule 6(2) 3.2.4(2) Rule 6(3) 3.2.4(3) Rule 7 3.2.2(3), 3.2.3(3) & 3.2.4(4) Rule 8(1)(a) 3.2.5(1)(b) Rule 8(1)(b) 3.2.5(1)(a) Rule 8(1)(c) 3.2.5(1)(a) & (b) Rule 8(2) 3.2.5(2) Rule 9 Omitted Act of Sederunt (Appeals under the Rating (Disabled Persons) Act 1978) 1979 (S.I. 1979/446) Rule 1(1) Omitted Rule 1(2) 3.10.1(1) Rule 2 1.4 Rule 3 Omitted Rule 4 3.10.2 Act of Sederunt (Copyright, Designs and Patents) 1990 (S.I. 1990/380) Rule 1(1) Omitted Rule 1(2) Omitted Rule 1(3) 3.5.1 Rule 2(2) 3.5.2 Rule 3 3.5.3 Rule 4 3.5.4 Act of Sederunt (Proceedings in the Sheriff Court under the Model Law on International Commercial Arbitration) 1991 (S.I. 1991/2214) Rule 1(1) Omitted Rule 1(2) Omitted Rule 1(3) 3.12.1 Rule 2 3.12.2 Rule 3 3.12.3 Act of Sederunt (Coal Mining Subsidence Act 1991) 1992 (S.I. 1992/798) Rule 1(1) Omitted Rule 1(2) Omitted Rule 1(3) 3.3.1 Rule 2 3.3.2 Rule 3 Omitted Act of Sederunt (Applications under Part III of the Criminal Justice (International Co-operation) Act 1990) 1992 (S.I. 1992/1077) Rule 1(1) Omitted Rule 1(2) Omitted Rule 1(3) 3.6.1 Rule 2 3.6.2 Rule 3 3.6.3 Rule 4 3.6.4 Rule 5 3.6.5 Rule 6 3.6.6 Act of Sederunt (Sheriff Court Summary Application Rules) 1993 (S.I. 1993/3240) Rule 1 Omitted Rule 2 1.2(1) Rule 3 1.3 Rule 2(1) 2.1 Rule 2(2) 1.2(3) Rule 3 2.3 Rule 4 2.4 Rule 5 2.5 Rule 6 2.6 Rule 7 2.7 Rule 8 2.8 Rule 9 2.9 Rule 10 2.10 Rule 11 2.11 Rule 12 2.12 Rule 13 2.13 Rule 14 2.14 Rule 15 2.15 Rule 16 2.16 Rule 17 2.17 Rule 18 2.18 Rule 19 2.19 Rule 20 2.20 Rule 21 2.21 Rule 22 2.22 Rule 23 2.23 Rule 24 2.24 Rule 25 2.25 Rule 26 2.26 Rule 27 2.27 Rule 28 2.28 Rule 29 2.29 Rule 30(1) 3.1.2 Rule 30(2) Omitted Rule 31 2.30 Rule 32 2.31 Act of Sederunt (Mental Health Rules) 1996 (S.I. 1996/2149) Rule 1(1) Omitted Rule 1(2) Omitted Rule 1(3) 3.8.1(1) Rule 1(4) 1.2(3) Rule 1(5) Omitted Rule 2(1)(a) 3.8.2(1) Rule 2(1)(b) 3.8.3(1) Rule 2(2) 3.8.2(2) Rule 2(3) Omitted Rule 2(4) Omitted Rule 3(1) 3.8.3(2) Rule 3(2) 3.8.3(3) Rule 3(3) 3.8.3(4) Rule 4(1) 3.8.4(1) Rule 4(2) 3.8.4(2) Rule 5(1) 3.8.5(1) Rule 5(2) 3.8.5(2) Rule 5(3) 3.8.5(3) Rule 6 3.8.6 Rule 7 3.8.7 Rule 8 3.8.8 Rule 9 3.8.9 Rule 10 3.8.10 Rule 11 3.8.11 Act of Sederunt (Proceeds of Crime Rules) 1996 (S.I. 1996/2446) Rule 1(1) Omitted Rule 1(2) Omitted Rule 1(3) 3.9.1 Rule 2 Omitted Rule 3 3.9.2 Rule 4 3.9.3 Rule 5 3.9.4 Rule 6 3.9.5 Rule 7 3.9.6 Rule 8 3.9.7 Rule 9 3.9.8 Rule 10 3.9.9 Rule 11 3.9.10 Rule 12 3.9.11 Rule 13 3.9.12 Rule 14 3.9.13 Rule 15 3.9.14 Rule 16 3.9.15 Rule 17 3.9.16 Rule 18 3.9.17 ## Explanatory note (This note is not part of the Act of Sederunt) This Act of Sederunt consolidates with minor and drafting amendments rules of the Sheriff Court relating to statutory applications and appeals. It also incorporates the Sheriff Court Summary Application Rules. Rules replaced by the consolidated rules are revoked in Schedule 2. Chapter 1 contains general rules in relation to citation, commencement, interpretation, revocation and application. Chapter 2 contains those rules in relation to summary applications, previously provided for in the Act of Sederunt (Sheriff Court Summary Application Rules) 1993. Part I contains rules as to interpretation. Part II contains general rules in relation to summary applications. Chapter 3 contains specific provision in relation to applications, proceedings and appeals under certain enactments which are to be dealt with as summary applications. Part I contains specific provision in relation to applications under section 1(1) of the Administration of Justice (Scotland) Act 1972. Part II contains specific provision for appeals under the Betting Gaming and Lotteries Act 1963, the Gaming Act 1968 and the Lotteries and Amusements Act 1976. Part III contains specific provision in relation to applications under section 41 of the Coal Mining Subsidence Act 1991. Part IV contains specific provision in relation to applications under Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970. Part V contains specific provision in relation to proceedings under the Trade Marks Act 1938, the Copyright, Designs and Patents Act 1988 and the Olympics Association Right (Infringement Proceedings) Regulations 1995. Part VI contains specific provision in relation to applications under Part II of the Drug Trafficking Act 1994. Part VII contains specific provision for appeals under section 39 of the Licensing (Scotland) Act 1976. Part VIII contains specific provision in relation to applications under sections 21, 40 and 35A of the Mental Health (Scotland) Act 1984. Part IX contains specific provision in relation to proceedings under sections 28, 29, 30, 31 and 33 of, and paragraphs 1, 2, 4, 6 and 12 of Schedule 1 to, the Proceeds of Crime (Scotland) Act 1994. Part X contains specific provision for appeals under sections 6(5) and 6(5A) of the Rating (Disabled Persons) Act 1978. Part XI contains specific provision in relation to election petitions under the Representation of the People Act 1983. Part XII contains specific provision in relation to requests or applications under the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration as set out in Schedule 7 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. Part XIII contains specific provision in relation to proceedings under the Sex Discrimination Act 1975. --- Source: https://www.legislation.gov.uk/uksi/1999/929 (the official version) Page: https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.