{
  "url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-First/paragraph-42A.2",
  "json_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-First/paragraph-42A.2.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/First/paragraph/42A.2",
  "kind": "paragraph",
  "number": "42A.2",
  "heading": "Recovery of evidence",
  "text": "(1) This rule applies where a party in competition proceedings makes an application under rule 28.2(1) for—\n(a) a commission and diligence for the recovery of a document; or\n(b) an order under section 1 of the Administration of Justice (Scotland) Act 1972.\n(2) The applicant must intimate a copy of the motion made under rule 28.2(1) and the specification lodged under rule 28.2(2) to the Advocate General for Scotland.\n(3) An application in relation to a document or other evidence that is in the possession of a competition authority must contain a statement that there is no person, other than the competition authority, reasonably able to provide the document or evidence sought.\n(4) An application in relation to the investigation materials of a competition authority must contain a statement that the investigation to which those materials relate has closed.\n(5) In deciding whether to grant an application made under this rule, the court must take into account Article 5(3), and, where the document or other evidence sought is in the possession of a competition authority, Article 6(4), of the Directive.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 Ch. 42A inserted (26.5.2017) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Competition Proceedings) 2017 (S.S.I. 2017/130), paras. 1(2), 3(2) (with para. 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/First/paragraph/42A.2",
    "retrieved_at": "2026-10-29T12:21:51.257811+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."
}