Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 2013

Made: 22nd May 2013

Laid before the Scottish Parliament: 23rd May 2013

Coming into force in accordance with paragraph 1(2) and (3)

The Lords of Council and Session, under and by virtue of the powers conferred by section5 of the Court of Session Act 1988[^f00001], section282D(11) of the Proceeds of Crime Act 2002[^f00002] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation, commencement etc.

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.4) (Miscellaneous) 2013.

• (2) Subject to subparagraph (3) it comes into force on 4thJune 2013.

• (3) Paragraph3 comes into force on 24th June 2013.

• (4) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

• (5) The Rules of the Court of Session[^f00003] are amended in accordance with the following paragraphs.

Change of name of a party

2

After rule24.5 (effect of amendment on diligence) insert—

(24.6) (1) This rule applies where a party— (a) is a party to more than one cause depending before the court; and (b) wishes the pleadings in those causes to be amended to reflect a change in the party’s name. (2) A party mentioned in paragraph(1) may apply to the court for the pleadings in each of the affected causes to be amended by the substitution of the new name for the old name— (a) in the instance or, as the case may be, address; (b) in any averments or, as the case may be, statement of facts which have the sole purpose of identifying or designating that party by name. (3) The application shall be made by motion and include— (a) a list of all of the affected causes; (b) official evidence of the change of name (for example, an extract of an entry in the register of companies or an extract of an entry in a register held by the National Records of Scotland); (c) a statement that the applicant has informed all other parties in the affected causes of the applicant’s intention to make the application and that the other parties have been given a reasonable opportunity to object to the amendment of the pleadings. (4) Subject to paragraph (3), the motion shall be placed before a Lord Ordinary in chambers for determination. (5) Where any of the affected causes is in the Inner House, the application shall be placed before an Inner House judge in chambers for determination. (6) An interlocutor pronounced under this rule shall have effect as an interlocutor in each of the affected causes. (7) A party to any of the affected causes may apply to the court for a determination made under this rule to be reconsidered in respect of that cause.

Children’s Hearings (Scotland) Act 2011

3

Subject to paragraph7, in Chapter41 (appeals under statute)—

• (a) the title of PartV becomes “APPEALS UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011”;

• (b) in rule41.35 (application of PartII of Chapter41 of Part V)[^f00004], for “section51(11)(b) of the Act of 1995” substitute “sections163, 164 or 165 of the Act of 2011[^f00005]”;

• (c) for rule41.36 (interpretation of PartV of Chapter41) substitute—

(41.36) In this Part— - “the Act of 2011” means the Children’s Hearings (Scotland) Act 2011; - “the Principal Reporter” means the Principal Reporter appointed under paragraph8 of Schedule3 to the Act of 2011 or any person to whom there is delegated, under paragraph10(1) of Schedule3 to the Act of 2011, any function of the Principal Reporter under that Act.

• (d) in rule41.37 (lodging of reports and statements with sheriff), in paragraph(1)—

• (i) for “on an application being made under subsection(13) of section51 of the Act of 1995 to state a case for the purposes of an appeal under subsection(11)(b) of that section” substitute “on an appeal being made to the court by stated case under section163, 164 or 165 of the Act of 2011”;

• (ii) in subparagraph(a), for “subsection(2), or report lodged under subsection(3), of that section” substitute “section155(2), or report lodged under section155(6) of that Act”.

Appeals to be heard in the Outer House

4

In rule41.52(4) (appeals to be heard in the Outer House)[^f00006], omit subparagraph(g).

Companies

5

• (1) In rule74.1 (application and interpretation of this Chapter)[^f00007]—

• (a) after paragraph(1)(d) insert—

(e) Chapter5 of Part2 of the Energy Act 2011

• (b) in paragraph(2)—

• (i) after the definition of “the Act of 2009” insert—

• “the Act of 2011” means the Energy Act 2011

• (ii) after the definition of “the Energy Administration Rules” insert—

• “the 2013 Rules” means the Energy Supply Company Administration (Scotland) Rules 2013

[^f00008].

• (c) in paragraph(3)—

• (i) after “Parts2 or 3 of the Act of 2009,” insert “Chapter5 of Part 2 of the Act of 2011,”;

• (ii) after “the Bank Administration Rules” omit “or”;

• (iii) after “the Energy Administration Rules” insert “or the 2013 Rules”.

• (2) In rule74.3 (notices and reports, etc., sent to the court)[^f00009]—

• (a) after “the Act of 2009”, insert “the Act of 2011,”;

• (b) after “the Bank Administration Rules” omit “or”;

• (c) after “the Energy Administration Rules” insert “or the 2013 Rules”.

• (3) In rule74.11 (notice of petition)—

• (a) after “the Act of 2004” omit “or”;

• (b) after “the Energy Administration Rules” insert “or rule6(1) of the 2013 Rules”.

Civil Recovery Investigations

6

After rule76.37 (disclosure orders)[^f00010] insert—

(76.37A) An application under section282D(4) of the Act of 2012 (evidence overseas: interim receiver or interim administrator) shall be made by note in process.

Savings

7

• (1) The provisions of PartV of Chapter41 (appeals under section51 of the Children (Scotland) Act 1995) as they applied immediately before 24th June 2013 shall continue to have effect—

• (a) for the purpose of any appeal made under section51 of the Children (Scotland) Act 1995 and not yet determined before that date; and

• (b) in relation to any further right of appeal which follows on from the determination of an appeal mentioned in paragraph(a).

Signed

BRIAN GILL — Lord President — I.P.D. — 22nd May 2013

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt makes amendments to the Rules of the Court of Session 1994.

Paragraph2 inserts new rule 24.6 to make provision for applications to amend the name of a party in more than one cause.

Paragraph3 amends rules in Part V of Chapter 41, in consequence of the repeal of provisions in the Children (Scotland) Act 1995 and the re-enactment of those provisions in the Children’s Hearing (Scotland) Act 2011.

Paragraph4 amends rule41.52(4) (appeals to be heard in the Outer House) to remove the reference to the Restrictive Practices Court; on account of that court no longer existing.

Paragraph5 amends Chapter 74 (companies) in consequence of the coming into force of the Energy Act 2011 and the Energy Supply Company Administration (Scotland) Rules 2013.

Paragraph6 inserts new rule76.37A (evidence overseas) in respect of a new application that can be made to the court under Part5 of the Proceeds of Crime Act 2002.

Paragraph7 contains a saving provision in respect of the changes made by paragraph3.

Footnotes

[^f00001]: 1988 c.36; section5 was amended by the Civil Evidence (Scotland) Act 1988 (c.32), section2(3); the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule9; the Children (Scotland) Act 1995 (c.36), Schedule4, paragraph45; the Vulnerable Witnesses (Scotland) Act 2004 (asp3), section14(1); and the Judiciary and Courts (Scotland) Act 2008, (asp6), section46(3) and the Legal Services (Scotland) Act 2010 (asp16), section126(a).

[^f00002]: 2002 c.29; section282D(11) was inserted by the Crime and Courts Act 2013 (c.22), section48(6)(b) and Schedule18.

[^f00003]: 1994 S.I. 1994/1443, last amended by S.S.I. 2013/120.

[^f00004]: Rule41.35 was substituted by S.S.I. 2011/303.

[^f00005]: 2011 asp 1.

[^f00006]: Rule41.52(4) was substituted by S.S.I. 2011/303.

[^f00007]: Rule74.1 last amended by S.S.I. 2011/385.

[^f00008]: S.I. 2013/1047 (S.3).

[^f00009]: Rule74.3 last amended by S.S.I. 2009/63.

[^f00010]: Rule 76.37 last amended by S.S.I. 2012/275.