OpenLegislation

Act of Sederunt (Intimation and Service) 2025

S.S.I. 2025/301 · Made 29 October 2025

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Court Of Session

Sheriff Court

Made 29th October 2025

Laid before the Scottish Parliament 30th October 2025

Coming into force 1st December 2025

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013f1, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 2014f2 and all other powers enabling it to do so.

Annotations to the whole text

Footnotes

f1

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

f2

2014 asp 18.

Contents

  1. 1Citation and commencement, etc.
  2. 2Mode of service etc. where address of person is not known
  3. 3Mode of intimation — rule 14.7 of the Rules of the Court of Session 1994
  4. 4Mode of intimation — rule 2(2) of the Act of Sederunt (Edictal Citations, Commissary Petitions and Petitions of Service) 1971
  5. 5Mode of display or publication — rule 23.7 of the Rules of the Court of Session 1994 and rule 3.11.7 of the Summary Application Rules 1999
  6. Signature
  7. Explanatory note

1Citation and commencement, etc.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Intimation and Service) 2025.

(2)

It comes into force on 1st December 2025.

(3)

A certified copy is to be inserted in the Books of Sederunt.

(4)

Subject to sub-paragraph (5), this Act of Sederunt applies to—

(a)

any Act of Sederunt, whenever made;

(b)

the Ordinary Cause Rules 1993f1.

(5)

This Act of Sederunt does not apply to—

(a)

the Act of Sederunt (Simple Procedure) 2016f2;

(b)

the Act of Sederunt (Sheriff Appeal Court Rules) 2021f3.

2Mode of service etc. where address of person is not known

(1)

Any requirement that a person whose address is not known be—

(a)

cited;

(b)

served with a document;

(c)

given notice,

by way of intimation, display or publication of the citation, document or notice on any part of a court building may be fulfilled in accordance with sub-paragraph (3).

(2)

The requirement in the rules mentioned below that a document be intimated or displayed on the walls of court may be fulfilled in accordance with sub-paragraph (3)—

(a)

rule 4(2) (publication) of the Chancery Procedure Rulesf1;

(b)

rule 19(2) (intimation, service and advertisement) of the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986f2;

(c)

rule 6(1) (intimation and service) of the Act of Sederunt (Judicial Factors Rules) 1992f3;

(d)

rule 8(3) (application for commission as a sheriff officer) of the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991f4.

(3)

A requirement to which reference is made in sub-paragraph (1) or (2) may be fulfilled by making publicly available on the Scottish Courts and Tribunals Service website—

(a)

the type of action in which the requirement arises;

(b)

the names and addresses of the parties.

3Mode of intimation — rule 14.7 of the Rules of the Court of Session 1994

The intimation requirement in rule 14.7 (intimation and service of petitions) of the Rules of the Court of Session 1994f1 may be fulfilled by making publicly available on the Scottish Courts and Tribunals Service website—

(a)

the name of the petitioner;

(b)

the purpose of the petition;

(c)

the name of the solicitor for the petitioner.

4Mode of intimation — rule 2(2) of the Act of Sederunt (Edictal Citations, Commissary Petitions and Petitions of Service) 1971

The intimation requirement in rule 2(2) (intimation of petition) of the Act of Sederunt (Edictal Citations, Commissary Petitions and Petitions of Service) 1971f1 may be fulfilled by making publicly available on the Scottish Courts and Tribunals Service website—

(a)

the name of the petitioner;

(b)

the purpose of the petition;

(c)

the name and address of the deceased to whose estate the petition relates.

5Mode of display or publication — rule 23.7 of the Rules of the Court of Session 1994 and rule 3.11.7 of the Summary Application Rules 1999

The publication or display requirement, respectively, in the rules mentioned below may be fulfilled by making the list or notice, respectively, publicly available on the Scottish Courts and Tribunals Service website—

(a)

rule 23.7(4) (motions in vacation)f1 of the Rules of the Court of Session 1994;

(b)

rule 3.11.7 (notice of date and place of trial) of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999f2.

Signature

PAUL CULLEN

Lord President

I.P.D.

Edinburgh

29th October 2025

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes provision so that a requirement in any Act of Sederunt or in the Ordinary Cause Rules 1993 that a document be placed on the walls or doors of civil courts may also be fulfilled by making certain information publicly available on the Scottish Courts and Tribunals Service website.