Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Miscellaneous) 2013

Made: 17th October 2013

Laid before the Scottish Parliament: 21st October 2013

Coming into force: 11th November 2013

The Lords of Council and Session, under and by virtue of the powers conferred by section5 of the Court of Session Act 1988[^f00001], section 446 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.6) (Miscellaneous) 2013.

• (2) It comes into force on 11th November 2013.

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

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

Required applications for urgent disposal

2

• (1) After rule 38.11 (urgent disposal of reclaiming motion)[^f00004] insert—

(38.11A) Where a party reclaims against an interlocutor in relation to an order under section 11(1) of the Children (Scotland) Act 1995, the reclaimer shall seek urgent disposal of the reclaiming motion under rule 38.11(1).

• (2) After rule 40.9 (urgent disposal of appeal)[^f00005] insert—

(40.9A) On lodging an appeal print under rule 40.7(2)(b) in respect of an appeal marked against an interlocutor of an inferior court containing an order made under section 11(1) of the Children (Scotland) Act 1995, the appellant shall seek urgent disposal of the appeal under rule 40.9(1).

Permission to appeal against decisions of the Upper Tribunal

3

In rule41.57(2)(a)[^f00006], after “principle” omit “or practice”.

Civil Recovery Proceedings

4

In rule76.36 (applications)[^f00007]—

• (a) in paragraph(4), after 2005 where it appears for the second time, insert “or a prohibition order under article141ZD(1)[^f00008] of the POCA Order of 2005”;

• (b) in paragraph (5)(d), at the beginning, insert “article141ZJ(2) or”;

• (c) in paragraph(6) after subparagraph(h), insert—

(i) article141ZD(2) of the POCA Order of 2005 (variation and recall of prohibition order); (j) article141ZH(1) and (6)(a) of the POCA Order of 2005 (inhibition of property affected by prohibition order); (k) article141ZI(1) and (6) of the POCA Order of 2005 (arrestment of property affected by prohibition order).

• (d) in paragraph(9), after subparagraph(h), insert—

(i) article141ZH(1) and (6)(a) of the POCA Order of 2005; (j) article 141ZI(1) and (6) of the POCA Order of 2005.

Civil Recovery Investigations

5

• (1) In rule76.37 (disclosure orders)[^f00009]—

• (a) for paragraph(1) substitute—

(1) An application under section391(1) of the Act of 2002 or article50 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013[^f00010] (disclosure orders) shall be by petition.

• (b) for paragraph(3) substitute—

(3) An application under section396(4) of the Act of 2002 or article55(2) of the Proceeds of Crime Act 2002 (supplementary) shall be by motion.

• (2) In rule76.37A[^f00011] for “2012” substitute “2002”.

Signed

BRIAN GILL — Lord President — I.P.D. — 17th October 2013

Explanatory note

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

EXPLANATORY NOTE

Paragraph 2 inserts new rules into Chapter38 (Reclaiming) and Chapter40 (Appeals from inferior courts) in respect of the urgent disposal of reclaiming motions and appeals. In cases where the reclaimer or appellant appeals against an interlocutor containing an order under section11(1) of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.), those new rules provide that the reclaimer or appellant must enrol for urgent disposal of the reclaiming motion or appeal.

Paragraph3 amends rule41.57 (permission to appeal against decisions of the Upper Tribunal) in consequence of an error identified in the enabling legislation.

Paragraph4 amends rule76.36 (applications) in consequence of the amendment of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005.

Paragraph5 amends rule76.37 (disclosure orders) in consequence of the coming into force of the Proceeds of Crime Act 2002 (External Investigations) Order 2013. Rule76.37A is also amended in respect of a typographical error.

Footnotes

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

[^f00002]: 2002 c.29.

[^f00003]: 1994 S.I. 1994/1443, last amended by S.S.I. 2013/238.

[^f00004]: Rule 38.11 was substituted by S.S.I. 2010/30.

[^f00005]: Rule 40.9 was substituted by S.S.I. 2010/30.

[^f00006]: Rule41.57 was inserted by S.S.I. 2013/238.

[^f00007]: Rule76.36 was substituted by S.S.I. 2005/663.

[^f00008]: Article141ZD(1) was inserted into S.I. 2005/3181 by S.I. 2013/2604.

[^f00009]: Rule 76.37 last amended by S.S.I. 2012/275.

[^f00010]: S.I. 2013/2605.

[^f00011]: Rule76.37A was last inserted by S.S.I. 2013/162.