Rule 27.4 Methods of finding caution or giving securityC1
A person ordered—
to find caution, shall do so by obtaining a bond of caution; or
to consign a sum of money into court, shall do so by consignation under the M1Sheriff Court Consignations (Scotland) Act 1893 in the name of the sheriff clerk.
The sheriff may approve a method of security other than one mentioned in paragraph (1), including a combination of two or more methods of security.
Subject to paragraph (4), any document by which an order to find caution or give other security is satisfied shall be lodged in process.
Where the sheriff approves a security in the form of a deposit of a sum of money in the joint names of the agents of parties, a copy of the deposit receipt, and not the principal, shall be lodged in process.
Any document lodged in process, by which an order to find caution or give other security is satisifed, shall not be borrowed from process.
Annotations
Marginal citations
- M1
Modifications
- C1
Rule 27.4 applied (with modifications) (1.1.1994) by S.I. 1993/3128, para. 3(2).
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