Rule 3.17.8 Associated and joint property: transfer to Court of SessionF1F2
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).
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—
send written notice of the transfer to the parties;
certify on the interlocutor sheet that sub-paragraph (a) has been complied with; and
transmit the process to the Deputy Principal Clerk of Session.
Failure by a sheriff clerk to comply with paragraph (2)(a) or (b) above does not affect the validity of the transfer.
Annotations
Textual amendments
- F1
Ch. 3 Pt. 17 inserted (8.3.2002) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Detention and Forfeiture of Terrorist Cash) 2002 (S.S.I. 2002/129), paras. 1(1), 2(2)
- F2
Rules 3.17.6-3.17.8 inserted (1.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019 (S.S.I. 2019/146), paras. 1(2), 3(2)(e)