{
  "url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/paragraph-49.6",
  "json_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/paragraph-49.6.json",
  "legislation": "ukpga/Edw7/7/51",
  "legislation_title": "Sheriff Courts (Scotland) Act 1907",
  "legislation_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907",
  "path": "schedule/1/paragraph/49.6",
  "kind": "paragraph",
  "number": "49.6",
  "heading": "Ship collisions and preliminary acts",
  "text": "(1) Subject to rule 49.7 (applications to dispense with preliminary acts), this rule applies to an Admiralty action of damages arising out of a collision between ships at sea.\n(2) An action to which this rule applies may be brought in rem, in personam or in rem and in personam.\n(3) An initial writ in such an action shall not contain a condescendence or pleas-in-law.\n(4) Where such an action is brought in personam, the crave of the initial writ shall contain sufficient detail to enable the defender to identify the date and place of and the ships involved in the collision.\n(5) Where a notice of intention to defend has been lodged Rule 9.2 shall, subject to paragraph 11 of this rule, not apply.\n(6) Within 7 days after the expiry of the period of notice, the pursuer shall lodge in process a sealed envelope containing—\n(a) a preliminary act in Form 49.6; and\n(b) a brief condescendence and appropriate pleas-in-law.\n(7) Within 28 days after the preliminary act for the pursuer has been lodged under paragraph (6), the defender shall lodge in process a sealed envelope containing a preliminary act in Form 49.6.\n(8) A party who lodges a preliminary act under paragraph (6) or (7) shall not send a copy of it to any other party.\n(9) On the lodging of a preliminary act by the defender under paragraph (7) the sheriff clerk shall—\n(a) open both sealed envelopes;\n(b) mark the contents of those envelopes with appropriate numbers of process; and\n(c) give written intimation to each party that subparagraphs (a) and (b) have been complied with.\n(10) On receipt of the written intimation under paragraph (9)(c), the pursuer and defender shall exchange copies of the contents of their respective envelopes.\n(11) Within 7 days after the sealed envelopes have been opened up under paragraph (9), the sheriff clerk shall fix a date and time for an Options Hearing and send parties Form G5 in terms of Rule 9.2.\n(12) When the pursuer lodges a record in terms of Rule 9.11 he or she shall do so with a copy of each of the preliminary acts appended to it.\n(13) No amendment, adjustment or alteration may be made to a preliminary act except by order of the sheriff.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 Ch. 49 inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 10(4)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "repealed",
      "affecting": "asp/2014/18",
      "affecting_title": "Courts Reform (Scotland) Act 2014"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/paragraph/49.6",
    "retrieved_at": "2026-11-10T03:34:13.908359+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}