{
  "url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-1/chapter-7/rule-7.6",
  "json_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-1/chapter-7/rule-7.6.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/part/1/chapter/7/rule/7.6",
  "kind": "rule",
  "number": "7.6",
  "heading": "Amendment of initial writ",
  "text": "(1) In an undefended cause, the sheriff may—\n(a) allow the pursuer to amend the initial writ in any way permitted by rule 18.2 (powers of sheriff to allow amendment); and\n(b) order the amended initial writ to be re-served on the defender on such period of notice as he thinks fit.\n(2) The defender shall not be liable for the expense occasioned by any such amendment unless the sheriff so orders.\n(3) Where an amendment has been allowed under paragraph (1), the amendment—\n(a) shall not validate diligence used on the dependence of a cause so as to prejudice the rights of creditors of the party against whom the diligence has been executed, who are interested in defeating such diligence; and\n(b) shall preclude any objection to such diligence stated by a party or any person by virtue of a title acquired or in right of a debt contracted by him subsequent to the execution of such diligence.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in rule 7.6(1)(b) substituted (1.11.1996) by S.I. 1996/2445, para. 3(10)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 7.6(3)(a) substituted (1.11.1996) by S.I. 1996/2445, para. 3(10)(b)"
    }
  ],
  "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      "type": "repealed",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/part/1/chapter/7/rule/7.6",
    "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."
}