Rule 3.41.3 RepresentationsF1F3
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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.
Representations shall—
be made by letter addressed to the sheriff clerk;
where an urgent hearing is sought, include reasons explaining why an urgent hearing is necessary;
be lodged no later than 2 days after the interim order is sent to interested persons in accordance with rule 3.41.2(2).
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.
On representations being made—
the sheriff shall appoint a date and time for a hearing—
on the first suitable court day thereafter; or
where the sheriff is satisfied that an urgent hearing is necessary, at such earlier date and time as the sheriff may determine;
the sheriff clerk shall—
notify the date and time of the hearing to the parties to the proceedings and the person who has made representations; and
send a copy of the representations to the parties to the proceedings.
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.
Where the sheriff, having resumed consideration under rule 3.41.3(6), makes no order, the sheriff shall recall the interim order.
Where the court recalls an interim order, the clerk of court shall immediately notify any interested person.
Annotations
Textual amendments
- F1
Ch. 3 Pt. 41 substituted (1.4.2015) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 3) (Reporting Restrictions) 2015 (S.S.I. 2015/85), paras. 1(2), 4(2)
- F2
Rule 3.41.3(1) omitted (2.3.2020) by virtue of Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Reporting Restrictions) 2020 (S.S.I. 2020/28), paras. 1(2), 5(2)(b)(ii)
- F3
Rule 3.41.3 heading substituted (2.3.2020) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Reporting Restrictions) 2020 (S.S.I. 2020/28), paras. 1(2), 5(2)(b)(i)