Rule 43.1 Intimation of actions to the Office of Fair TradingF1

(1)

In this rule–

F2“the Treaty” means the Treaty on the Functioning of the European Union, as referred to in section 1(2)(s) of the European Communities Act 1972; and
“the OFT” means the Office of Fair Trading.

(2)

In an action where an issue under F3Article 101 or 102 of the Treaty is raised–

(a)

by the pursuer in the initial writ;

(b)

by the defender in the defences;

(c)

by any party in the pleadings;

intimation of the action shall be given to the OFT by the party raising the issue by a notice of intimation in Form OFT1.

(3)

The initial writ, defences or pleadings in which the issue under F4Article 101 or 102 of the Treaty is raised shall include a crave for warrant for intimation to the OFT.

(4)

A certified copy of an interlocutor granting a warrant under paragraph (3) shall be sufficient authority for the party to intimate by notice in Form OFT1.

(5)

A notice of intimation under paragraph (2) shall be on a period of notice of 21 days unless the sheriff otherwise orders; but the sheriff shall not order a period of notice of less than 2 days.

(6)

There shall be attached to the notice of intimation–

(a)

a copy of the initial writ, defences or pleadings (including any adjustments and amendments), as the case may be;

(b)

a copy of the interlocutor allowing intimation of the notice; and

(c)

where the pleadings have not been amended in accordance with any minute of amendment, a copy of that minute.

Annotations

Textual amendments

F1: Sch. 1 Ch. 43 inserted (16.6.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Causes Relating to Articles 81 and 82 of the Treaty Establishing the European Community) 2006 (S.S.I. 2006/293), para. 2
F2: Words in Sch. 1 rule 43.1(1) substituted (1.11.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 (S.S.I. 2012/271), paras. 1(1), 6(3)(a)
F3: Words in Sch. 1 rule 43.1(2) substituted (1.11.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 (S.S.I. 2012/271), paras. 1(1), 6(3)(b)
F4: Words in Sch. 1 rule 43.1(3) substituted (1.11.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 (S.S.I. 2012/271), paras. 1(1), 6(3)(b)

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

Notes on Chapter 43

Textual amendments

F2: Sch. 1 Ch. 43 heading substituted (1.11.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 (S.S.I. 2012/271), paras. 1(1), 6(4)