Act of Sederunt (Small Claim Rules) 2002

Management of money paid to sheriff clerk

24.4

• (1) A receipt in Form 24 by the sheriff clerk shall be a sufficient discharge in respect of the amount paid to him under rules 24.1 to 24.3.

• (2) The sheriff clerk shall, at the request of any competent court, accept custody of any sum of money in an claim of damages ordered to be paid to, applied, invested or otherwise dealt with by him, for the benefit of a person under legal disability.

• (3) Any money paid to the sheriff clerk under rules 24.1 to 24.3 must be paid out, applied, invested or otherwise dealt with by the sheriff clerk only after such intimation, service and enquiry as the sheriff may order.

• (4) Any sum of money invested by the sheriff clerk under rules 24.1 to 24.3 must be invested in a manner in which trustees are authorised to invest by virtue of the Trustee Investments Act 1961[^f00023].

Management of money payable to children

24.5

If the sheriff has made an order under section 13 of the Children (Scotland) Act 1995[^f00024], an application by a person for an order by virtue of section 11(1)(d) of that Act[^f00025] must be made in writing.

CHAPTER 25 — Electronic transmission of documents

Extent of provision

25.1

• (1) Any document referred to in these rules which requires to be–

• (a) lodged with the sheriff clerk;

• (b) intimated to a party; or

• (c) sent by the sheriff clerk,

may be in electronic or documentary form, and if in electronic form may be lodged, intimated or sent by e-mail or similar means.

• (2) Paragraph (1) does not apply to any certificate of execution of service, citation or arrestment, or to a decree or extract decree of the court.

• (3) Where any document is lodged by e-mail or similar means the sheriff may require any principal document to be lodged.

Time of lodgement

25.2

The time of lodgement, intimation or sending shall be the time when the document was sent or transmitted.

SCHEDULE 2 — REVOCATIONS

Signed

W DOUGLAS CULLEN — Lord President, I.P.D. — 1st March 2002

Explanatory note

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

This Act of Sederunt makes rules of procedure in the sheriff court for small claims.

The form of summary cause process known as a small claim applies to such summary cause proceedings as have been prescribed in the Small Claims (Scotland) Order 1988 under section 35(2) of the Sheriff Courts (Scotland) Act 1971 (as substituted by section 18(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985)

Footnotes

[^f00001]: 1971 c. 58. Section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4) and the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2) and the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 13, and was extended by sections 39(2) and 49 of the Child Support Act 1991 (c. 48).

[^f00002]: 1971 c. 58.

[^f00003]: 1975 c. 47.

[^f00004]: 1980 c. 46. Section 32 was amended by the Solicitors (Scotland) Act 1988 (c. 42), Schedule 1, paragraph 7, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 29(6) and S.S.I. 2000/121.

[^f00005]: Section 35(2) was substituted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 18(1).

[^f00006]: Section 35(1) was amended by S.I. 1976/900, 1981/842 and 1988/1993.

[^f00007]: 1987 c. 18.

[^f00008]: 1974 c. 39.

[^f00009]: 1882 c. 77. Section 4 was repealed in part by S.I. 1994/1443.

[^f00010]: Section 36A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 18.

[^f00011]: Cmnd. 3986 (1969).

[^f00012]: 1982 c. 27. Schedule 1 was substituted by S.I. 1990/2591 and by S.I. 2000/1894. Schedule 3C was inserted by the Civil Jurisdiction and Judgments Act 1991 (c. 12), section 1 and Schedule 1 and amended by S.I. 2000/1824.

[^f00013]: O.J. No. L 160, 30.06.00. p.37.

[^f00014]: Cmnd. 3986 (1969).

[^f00015]: 1982 c. 27; sections 41 and 42 were amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12), Schedule 2, paragraphs 16 and 17 respectively.

[^f00016]: Section 1 was amended by S.I. 1990/2591, the Civil Jurisdiction and Judgments Act 1991 (c. 12), section 2 and S.I. 2000/1824.

[^f00017]: 1988 c. 32.

[^f00018]: Schedule 2 was substituted by S.I. 1990/2591 and 2000/1824.

[^f00019]: 1972 c. 68.

[^f00020]: Section 36B was substituted by section 18(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73).

[^f00021]: 1893 c. 44.

[^f00022]: 1987 c. 18.

[^f00023]: 1961 c. 62.

[^f00024]: 1995 c. 36.

[^f00025]: Section 11 was amended by S.I. 1996/2203 and S.S.I. 2001/36.