Explanatory note

This Act of Sederunt lays down rules to govern applications for suspension of a charge for payment of any sum of money arising out of any cause commencing on or after 1st January 1994. It is consequential on the coming into force of the Act of Sederunt (Sheriff Court Ordinary Cause Rules) 1993 which substitutes for the existing Ordinary Cause Rules new rules for causes commencing on or after 1st January 1994. The provisions contained in rules 108 to 110 of the existing Ordinary Cause Rules, which apply to summary suspension proceedings, are not contained in the new rules but are reenacted in this Act of Sederunt and supplemented by provisions for the finding of caution in suspension proceedings (paragraph 3(2)).

This Act of Sederunt makes provision for the person charged applying in the sheriff court for suspension of the charge and diligence (paragraph 2).

It provides for the sheriff, on caution being found, disposing of the cause (paragraph 3).

It makes provision for an appeal to the sheriff principal on certain matters and for the sheriff principal’s judgment being final (paragraph 4).