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Rule 26.3 Remit from Court of Session

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

On receipt of the process in an action which has been remitted from the Court of Session under F1section 93 of the 2014 Act (remit of cases from the Court of Session), the sheriff clerk shall—

(a)

record the date of receipt on the interlocutor sheet;

(b)

fix a hearing to determine further procedure on the first suitable court day occurring not earlier than 14 days after the date of receipt of the process; and

(c)

forthwith send written notice of the date of the hearing fixed under sub-paragraph (b) to each party.

Annotations

Textual amendments

F1

Words in Sch. 1 rule 26.3 substituted (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(5) (with para. 10(1))

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