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Paragraph 49.8 Ship collision and salvage actionsF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Without prejudice to rule 29.11 (lodging productions), in an Admiralty action arising out of a collision between ships at sea or salvage, the parties shall—

(a)

within 4 days after the interlocutor allowing proof,

(b)

within 4 days before the taking of evidence on commission, or

(c)

on or before such other date as the sheriff, on special cause shown, shall determine,

lodge in process the documents, if any, mentioned in paragraph (2).

(2)

The documents to be lodged under paragraph (1) are—

(a)

the log books, including scrap log books, of the ships concerned;

(b)

all de recenti written reports in connection with the collision or salvage, as the case may be, by the masters or mates of the vessels concerned to their respective owners; and

(c)

reports of any surveys of the ship in respect of which damage or salvage is claimed.

Annotations

Textual amendments

F1

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)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5