Rule 26.2 Remit to the Court of Session: proceedings to which section 39 of the 2014 Act does not applyF1

Scotland

(1)

An application under section 92(2) of the 2014 Act (remit of cases to the Court of Session) is to be made by motion.

(2)

Within 4 days after the sheriff has pronounced an interlocutor remitting a cause to the Court of Session under section 92(2), the sheriff clerk must—

(a)

send written notice of the remit to each party;

(b)

certify on the interlocutor sheet that subparagraph (a) has been complied with;

(c)

transmit the process to the Deputy Principal Clerk of Session.

(3)

Failure by a sheriff clerk to comply with paragraph (2)(a) or (b) does not affect the validity of a remit.

Annotations

F1: Sch. 1 rules 26.2-26.2B substituted for Sch. 1 rule 26.2 (22.9.2015) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015 (S.S.I. 2015/227), paras. 1(2), 7(4) (with para. 10(2))

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)

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