Rule 3.11.16 Notice by respondent that he does not oppose petitionI1

Scotland

(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.

Annotations

Commencement

I1: Rule 3.11.16 in force at 1.7.1999, see rule 1.1(1)