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Act of Sederunt (Simple Procedure) 2016

Type Scottish-Statutory-Instrument
Publication 2016-06-09
Last updated 2025-01-01
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
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17.1 What is this Part about? What is this Part about?
(1) This Part is about some miscellaneous matters which can arise during a case. This Part is about some miscellaneous matters which can arise during a case.
17.2 How can a case be transferred out of the simple procedure? How can a case be transferred out of the simple procedure?
(1) Where a sheriff orders that a case should no longer proceed subject to these rules, that order must identify the procedure under which the case is to continue. Where a sheriff orders that a case should no longer proceed subject to these rules, that order must identify the procedure under which the case is to continue.
(2) If the sheriff orders that the case should proceed as an ordinary cause, the sheriff must also order three things: If the sheriff orders that the case should proceed as an ordinary cause, the sheriff must also order three things:
(a) that the claimant must lodge an initial writ and intimate it to every other party within 2 weeks from the date of the order,
(b) that the respondent must lodge defences within 4 weeks from the date of the order, and
(c) that an options hearing is to be held on the first suitable court day occurring not sooner than 10 weeks (or such lesser period as the sheriff considers appropriate) after the last date for lodging the initial writ.
(3) If the sheriff orders that the case should proceed as an ordinary cause the sheriff may also certify in the order that the importance or difficulty of the proceedings makes it appropriate to transfer the case to the Sheriff Personal Injury Court. If the sheriff orders that the case should proceed as an ordinary cause the sheriff may also certify in the order that the importance or difficulty of the proceedings makes it appropriate to transfer the case to the Sheriff Personal Injury Court.
17.3 How can the sheriff make a reference to the Court of Justice of the European Union? How can the sheriff make a reference to the Court of Justice of the European Union?
(1) If a question of EU law arises in a case, the sheriff may refer that question to the Court of Justice of the European Union using the CJEU Reference Form. If a question of EU law arises in a case, the sheriff may refer that question to the Court of Justice of the European Union using the CJEU Reference Form.
(2) The sheriff may decide to do this when asked to by a party, or without being asked. The sheriff may decide to do this when asked to by a party, or without being asked.
(3) The sheriff must draft the reference within 4 weeks of deciding to do so. The sheriff must draft the reference within 4 weeks of deciding to do so.
(4) Once a reference has been drafted, the sheriff clerk must send a copy to the parties. Once a reference has been drafted, the sheriff clerk must send a copy to the parties.
(5) Once the draft reference has been sent to the parties, each party has 4 weeks to send suggested amendments of that reference to the sheriff. Once the draft reference has been sent to the parties, each party has 4 weeks to send suggested amendments of that reference to the sheriff.
(6) Once that 4 weeks has passed, the sheriff has 2 weeks to consider any suggested amendments. Once that 4 weeks has passed, the sheriff has 2 weeks to consider any suggested amendments.
(7) At the end of that period of 2 weeks, the sheriff must finalise and sign the reference. At the end of that period of 2 weeks, the sheriff must finalise and sign the reference.
(8) The sheriff clerk must transmit the reference to the Court of Justice of the European Union and inform parties that the reference has been made. The sheriff clerk must transmit the reference to the Court of Justice of the European Union and inform parties that the reference has been made.
17.4 How can a statutory intervener intervene? How can a statutory intervener intervene?
(1) A statutory intervener may apply to the sheriff to intervene in a case by sending to the court and to the parties an Application to Intervene. A statutory intervener may apply to the sheriff to intervene in a case by sending to the court and to the parties an Application to Intervene.
(2) The Application to Intervene must set out the reasons for the proposed intervention, the issues which the intervention would address, and the reasons why the intervention would assist the sheriff. The Application to Intervene must set out the reasons for the proposed intervention, the issues which the intervention would address, and the reasons why the intervention would assist the sheriff.
(3) The sheriff may grant the application with or without a discussion, but there must be a discussion if a party asks for one. The sheriff may grant the application with or without a discussion, but there must be a discussion if a party asks for one.
(4) The sheriff may grant the Application to Intervene only if satisfied that: The sheriff may grant the Application to Intervene only if satisfied that:
(a) the case has a relevant connection to one of the functions of the statutory intervener,
(b) the intervention is likely to assist the sheriff, and
(c) the intervention will not unduly delay or otherwise prejudice the interests of the parties, including their liability for expenses.
(5) The sheriff may impose conditions on the intervention. The sheriff may impose conditions on the intervention.
(6) The sheriff may invite the statutory intervener to intervene in a simple procedure case by sending to the statutory intervener and to all parties an Invitation to Intervene. The sheriff may invite the statutory intervener to intervene in a simple procedure case by sending to the statutory intervener and to all parties an Invitation to Intervene.
(7) An Invitation to Intervene must be accompanied by a copy of the Claim Form and the Response Form, and any other documents relevant to the reasons for the proposed intervention. An Invitation to Intervene must be accompanied by a copy of the Claim Form and the Response Form, and any other documents relevant to the reasons for the proposed intervention.
(8) The sheriff may impose conditions on an intervention when making an invitation. The sheriff may impose conditions on an intervention when making an invitation.
17.5 What can a statutory intervener do in an intervention? What can a statutory intervener do in an intervention?
(1) An intervention is a written submission of 5,000 words or less (including any appendices). An intervention is a written submission of 5,000 words or less (including any appendices).
(2) A copy of the intervention must be sent to all parties. A copy of the intervention must be sent to all parties.
(3) In exceptional circumstances, the sheriff may allow a longer written submission or an oral submission. In exceptional circumstances, the sheriff may allow a longer written submission or an oral submission.
Management of damages Management of damages Management of damages
17.6 When is a damages management order available? When is a damages management order available?
(1) Damages management orders are available: Damages management orders are available:
(a) where a claimant who is under a legal disability asks for the payment of a sum of money as damages,
(b) where another person makes a claim on behalf of a person who is under a legal disability asking for the payment of a sum of money as damages.
(2) In either case, a damages management order is only available if the person who is under a legal disability is 16 years of age or older. In either case, a damages management order is only available if the person who is under a legal disability is 16 years of age or older.
17.7 When must the sheriff make a damages management order? When must the sheriff make a damages management order?
(1) The sheriff must make a damages management order if the sheriff orders the respondent to pay the claimant a sum of money as damages. The sheriff must make a damages management order if the sheriff orders the respondent to pay the claimant a sum of money as damages.
(2) The sheriff must also make a damages management order if the claimant accepts an offer from the respondent to pay a sum of money as damages to settle the claim. The sheriff must also make a damages management order if the claimant accepts an offer from the respondent to pay a sum of money as damages to settle the claim.
17.8 What can the sheriff do in a damages management order? What can the sheriff do in a damages management order?
(1) The sheriff must make an order about how the money is to be paid to and managed for the person under a legal disability. The sheriff must make an order about how the money is to be paid to and managed for the person under a legal disability.
(2) The sheriff may order the money to be paid to different people to be managed for the benefit of the person under a legal disability. The sheriff may order the money to be paid to different people to be managed for the benefit of the person under a legal disability.
(3) The sheriff may order the money to be paid to: The sheriff may order the money to be paid to:
(a) the Accountant of Court,
(b) the sheriff clerk, or
(c) the guardian of the person who is under a legal disability.
(4) Alternatively, the sheriff may decide that the person under a legal disability is capable of managing the money and order that the money is paid directly to that person. Alternatively, the sheriff may decide that the person under a legal disability is capable of managing the money and order that the money is paid directly to that person.
(5) Where the sheriff orders the money to be paid to the sheriff clerk or a guardian, the sheriff may also tell that person how to manage the money for the benefit of the person under a legal disability. Where the sheriff orders the money to be paid to the sheriff clerk or a guardian, the sheriff may also tell that person how to manage the money for the benefit of the person under a legal disability.
17.9 How can the damages management order be changed? How can the damages management order be changed?
(1) An interested person can ask the sheriff to change the damages management order by sending an Application to Change a Damages Management Order to the court and every party. An interested person can ask the sheriff to change the damages management order by sending an Application to Change a Damages Management Order to the court and every party.
(2) If a person who has been sent the Application to Change a Damages Management Order objects to the proposed orders, that person must send that Application to Change a Damages Management Order to the court within 10 days of it being sent, setting out that objection. If a person who has been sent the Application to Change a Damages Management Order objects to the proposed orders, that person must send that Application to Change a Damages Management Order to the court within 10 days of it being sent, setting out that objection.
(3) After considering the Application to Change a Damages Management Order, and any objection that may have been sent, the sheriff may ...: After considering the Application to Change a Damages Management Order, and any objection that may have been sent, the sheriff may ...:
(a) grant the application, and send written orders to the parties and the interested person,
(b) refuse the application,
(c) order the parties and the interested person to appear at a discussion in court, where the sheriff will consider whether to make any orders.
17.10 How can further instructions about managing the money be given? How can further instructions about managing the money be given?
(1) An interested person can also ask the sheriff to tell the sheriff clerk or a guardian how to manage the money by sending an Application for Instructions about a Damages Management Order to the court and every party. An interested person can also ask the sheriff to tell the sheriff clerk or a guardian how to manage the money by sending an Application for Instructions about a Damages Management Order to the court and every party.
(2) If a guardian is managing the money, the Application for Instructions about a Damages Management Order must also be sent to the guardian. If a guardian is managing the money, the Application for Instructions about a Damages Management Order must also be sent to the guardian.
(3) If a person who has been sent the Application for Instructions about a Damages Management Order, objects to the proposed instructions, that person must send that Application for Instructions about a Damages Management Order to the court within 10 days of it being sent, with a note setting out that objection. If a person who has been sent the Application for Instructions about a Damages Management Order, objects to the proposed instructions, that person must send that Application for Instructions about a Damages Management Order to the court within 10 days of it being sent, with a note setting out that objection.
(4) After considering the Application for Instructions about a Damages Management Order, and any objection that may have been sent, the sheriff may ...: After considering the Application for Instructions about a Damages Management Order, and any objection that may have been sent, the sheriff may ...:
(a) grant the application, and send further instructions to the parties, the interested person and the sheriff clerk or guardian,
(b) refuse the application,
(c) order the parties, the interested person and the guardian (if there is one) to appear at a discussion in court, where the sheriff will consider whether to give further instructions.
17.11 When can someone apply for a child's property administration order? When can someone apply for a child's property administration order?
(1) A person may ask the sheriff to make a child's property administration order in any simple procedure case where the sheriff has made an order under section 13 of the Children (Scotland) Act 1995 (section 13 is about the payment and management of money to (or for the benefit of) a child). A person may ask the sheriff to make a child's property administration order in any simple procedure case where the sheriff has made an order under section 13 of the Children (Scotland) Act 1995 (section 13 is about the payment and management of money to (or for the benefit of) a child).
17.12 How can someone apply for a child's property administration order? How can someone apply for a child's property administration order?
(1) A person can ask the sheriff to make a child's property administration order by sending an Application for a Child's Property Administration Order to the court and every party. A person can ask the sheriff to make a child's property administration order by sending an Application for a Child's Property Administration Order to the court and every party.
(2) If a person who has been sent the Application for a Child's Property Administration Order objects to the proposed orders, that person must send that Application for a Child's Property Administration Order to the court within 10 days of it being sent, setting out that objection. If a person who has been sent the Application for a Child's Property Administration Order objects to the proposed orders, that person must send that Application for a Child's Property Administration Order to the court within 10 days of it being sent, setting out that objection.
(3) After considering the Application for a Child's Property Administration Order, and any objection that may have been sent, the sheriff may ...: After considering the Application for a Child's Property Administration Order, and any objection that may have been sent, the sheriff may ...:
(a) grant the application, and send written orders to the parties and the applicant,
(b) refuse the application,
(c) order the parties and the applicant to appear at a discussion in court, where the sheriff will consider whether to make any orders.
The Equality Act 2010 The Equality Act 2010 The Equality Act 2010
17.13 What is an Equality Act 2010 claim? What is an Equality Act 2010 claim?
(1) An Equality Act 2010 claim is a claim made under section 114(1) of the Equality Act 2010 (section 114 is about claims related to the provision of services, the exercise of public functions, the disposal and management of premises, education (other than in relation to disability), and associations). An Equality Act 2010 claim is a claim made under section 114(1) of the Equality Act 2010 (section 114 is about claims related to the provision of services, the exercise of public functions, the disposal and management of premises, education (other than in relation to disability), and associations).
17.14 How can the Commission for Equality and Human Rights (“the CEHR”) be notified of an Equality Act 2010 claim? How can the Commission for Equality and Human Rights (“the CEHR”) be notified of an Equality Act 2010 claim?
(1) The claimant must send a copy of the Claim Form in an Equality Act 2010 claim to the CEHR. The claimant must send a copy of the Claim Form in an Equality Act 2010 claim to the CEHR.
17.15 How can an Equality Act 2010 claim be transferred to the Employment Tribunal? How can an Equality Act 2010 claim be transferred to the Employment Tribunal?
(1) The sheriff may order an Equality Act 2010 claim to be transferred to the Employment Tribunal. The sheriff may order an Equality Act 2010 claim to be transferred to the Employment Tribunal.
(2) The sheriff must state in that order the reasons for making it. The sheriff must state in that order the reasons for making it.
(3) That order may include an order about expenses. That order may include an order about expenses.
(4) When the sheriff makes that order, the sheriff clerk must transmit, within one week of the order, the following things to the Employment Tribunal: When the sheriff makes that order, the sheriff clerk must transmit, within one week of the order, the following things to the Employment Tribunal:
(a) the Claim Form,
(b) the Response Form,
(c) any written orders, and
(d) any other document the sheriff orders to be transmitted.
17.16 How can an Employment Tribunal case be transferred to simple procedure? How can an Employment Tribunal case be transferred to simple procedure?
(1) When proceedings are transferred to simple procedure from the Employment Tribunal under section 140(3) of the Equality Act 2010, the sheriff clerk must register those proceedings as a claim. When proceedings are transferred to simple procedure from the Employment Tribunal under section 140(3) of the Equality Act 2010, the sheriff clerk must register those proceedings as a claim.
(2) The sheriff must, within 2 weeks of the claim being registered, order a case management discussion. The sheriff must, within 2 weeks of the claim being registered, order a case management discussion.
17.17 What if a question of national security arises in an Equality Act 2010 claim? What if a question of national security arises in an Equality Act 2010 claim?
(1) Where the sheriff considers it expedient in the interests of national security, the sheriff may order any of the following persons to be excluded from any or all hearings, case management discussions or discussions in court of an Equality Act 2010 claim: Where the sheriff considers it expedient in the interests of national security, the sheriff may order any of the following persons to be excluded from any or all hearings, case management discussions or discussions in court of an Equality Act 2010 claim:
(a) the claimant,
(b) the claimant's representative,
(c) the claimant's courtroom supporter.
(2) That order may allow an excluded claimant or representative to send a written statement to the court before the case (or part of the case) from which they have been excluded. That order may allow an excluded claimant or representative to send a written statement to the court before the case (or part of the case) from which they have been excluded.
(3) When the sheriff makes an order excluding persons, the sheriff clerk must send a copy of the order to the Advocate General for Scotland. When the sheriff makes an order excluding persons, the sheriff clerk must send a copy of the order to the Advocate General for Scotland.
(4) Where the sheriff considers it expedient in the interests of national security, the sheriff may take any steps or make any order required to keep secret any or all of the reasons for the sheriff's decision in an Equality Act 2010 claim. Where the sheriff considers it expedient in the interests of national security, the sheriff may take any steps or make any order required to keep secret any or all of the reasons for the sheriff's decision in an Equality Act 2010 claim.

PART 18: Formal service in Scotland

18.1 What is this Part about? What is this Part about?
(1) This Part is about how to formally serve a document on someone living in Scotland. This Part is about how to formally serve a document on someone living in Scotland.
18.2 How can you formally serve a document on someone who lives in Scotland? How can you formally serve a document on someone who lives in Scotland?
(1) When these Rules require a document to be formally served, the first attempt must be by— When these Rules require a document to be formally served, the first attempt must be by—
(1) (a) a next-day postal service which records delivery, or
(1) (b) email, if the person to be formally served with a document has indicated a willingness to accept service by email.
(1A) Willingness to accept email service of a document may be expressed specifically to the claimant or generally (for example on a website). Willingness to accept email service of a document may be expressed specifically to the claimant or generally (for example on a website).
(2) That may only be done by one of three persons: That may only be done by one of three persons:
(a) the party's solicitor,
(b) a sheriff officer instructed by the party,
(c) in respect of next-day postal service which records delivery only, the sheriff clerk (where provided for by rule 6.11(2)).
(3) An envelope which contains the document must have the following label written or printed on it: An envelope which contains the document must have the following label written or printed on it:
THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM
[NAME OF SHERIFF COURT] [NAME OF SHERIFF COURT]
IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE
RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT
[FULL ADDRESS OF SHERIFF COURT] [FULL ADDRESS OF SHERIFF COURT]
(4) After formally serving a document, a Confirmation of Formal Service must be completed and any evidence of sending or, in the case of email, proof of receipt attached to it (for example, a postal receipt or a copy of an email acknowledgement). After formally serving a document, a Confirmation of Formal Service must be completed and any evidence of sending or, in the case of email, proof of receipt attached to it (for example, a postal receipt or a copy of an email acknowledgement).
(4A) Where service is by email, the period of notice runs from the beginning of the day after the date of email service. Where service is by email, the period of notice runs from the beginning of the day after the date of email service.
(5) Where a solicitor or sheriff officer has formally served the document, then the Confirmation of Formal Service must be sent to the sheriff court within one week of service taking place. Where a solicitor or sheriff officer has formally served the document, then the Confirmation of Formal Service must be sent to the sheriff court within one week of service taking place.
18.3 What if service by post does not work? What if service by post does not work?
(1) If service by post has not worked, a sheriff officer may formally serve a document in one of three ways: If service by post has not worked, a sheriff officer may formally serve a document in one of three ways:
(a) delivering it personally,
(b) leaving it in the hands of a resident at the person's home,
(c) leaving it in the hands of an employee at the person's place of business.
(2) If none of those ways has worked, the sheriff officer must make diligent inquiries about the person's whereabouts and current residence, and may then formally serve the document in one of two ways: If none of those ways has worked, the sheriff officer must make diligent inquiries about the person's whereabouts and current residence, and may then formally serve the document in one of two ways:
(a) depositing it in the person's home or place of business by means of a letter box or other lawful way of doing so, or
(b) leaving it at the person's home or place of business in such a way that it is likely to come to the attention of that person.
(3) If formal service is done in either of those ways, the sheriff officer must also do two more things: If formal service is done in either of those ways, the sheriff officer must also do two more things:
(a) send a copy of the document to the person by post to the address at which the sheriff officer thinks the person is most likely to be found, and
(b) write or print on the envelope containing the document the following label:
THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM
[NAME OF SHERIFF COURT] [NAME OF SHERIFF COURT]

PART 19: Formal service outside Scotland

19.1 What is this Part about? What is this Part about?
(1) This Part is about how to formally serve a document on someone outside Scotland. This Part is about how to formally serve a document on someone outside Scotland.
19.2 How can you formally serve a document on someone who lives outside Scotland? How can you formally serve a document on someone who lives outside Scotland?
(1) Different rules apply depending on the country that the person lives in. Different rules apply depending on the country that the person lives in.
(2) If the person lives in England and Wales, Northern Ireland, the Isle of Man or the Channel Islands, see rule 19.3. If the person lives in England and Wales, Northern Ireland, the Isle of Man or the Channel Islands, see rule 19.3.
(3) If the person lives in an EU member state (including Denmark), see rule 19.4. If the person lives in an EU member state (including Denmark), see rule 19.4.
(4) If the person lives in a Hague Convention country (other than an EU member state), see rule 19.5. If the person lives in a Hague Convention country (other than an EU member state), see rule 19.5.
(5) If the person lives in a country with which the United Kingdom has a convention about how to serve court documents (such as Algeria, Libya and the United Arab Emirates), see rule 19.6. If the person lives in a country with which the United Kingdom has a convention about how to serve court documents (such as Algeria, Libya and the United Arab Emirates), see rule 19.6.
(6) If none of the above applies, see rule 19.7. If none of the above applies, see rule 19.7.
19.3 How can you formally serve a document on someone who lives in England and Wales, Northern Ireland, the Isle of Man or the Channel Islands? How can you formally serve a document on someone who lives in England and Wales, Northern Ireland, the Isle of Man or the Channel Islands?
Method Method Method
(1) There are two ways to formally serve a document on someone who lives in England and Wales, Northern Ireland, the Isle of Man or the Channel Islands. There are two ways to formally serve a document on someone who lives in England and Wales, Northern Ireland, the Isle of Man or the Channel Islands.
(2) It may be done by posting the document to the person's home or business address using a postal service which records delivery. This is called postal service. It may be done by posting the document to the person's home or business address using a postal service which records delivery. This is called postal service.
(3) It may also be done by using the rules for personal service under the domestic law of the country where the document is to be served. This is called personal service. It may also be done by using the rules for personal service under the domestic law of the country where the document is to be served. This is called personal service.
Who can formally serve the document? Who can formally serve the document? Who can formally serve the document?
(4) The sheriff clerk may formally serve a Claim Form on the respondent by postal service only if: The sheriff clerk may formally serve a Claim Form on the respondent by postal service only if:
(a) the claimant is not a company or a partnership, and
(b) the claimant is not legally represented.
(5) Otherwise, postal service may only be done by one of two persons: Otherwise, postal service may only be done by one of two persons:
(a) the party's solicitor,
(b) a sheriff officer instructed by the party.
(6) Personal service may be done by a person who is authorised to do so under the domestic law of the country where the document is to be served. Personal service may be done by a person who is authorised to do so under the domestic law of the country where the document is to be served.
Additional requirements Additional requirements Additional requirements
(7) Where postal service is used, the envelope containing the document must have the following label printed or written on it: Where postal service is used, the envelope containing the document must have the following label printed or written on it:
THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM
[NAME OF SHERIFF COURT], SCOTLAND [NAME OF SHERIFF COURT], SCOTLAND
IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE
RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT
[FULL ADDRESS OF SHERIFF COURT] [FULL ADDRESS OF SHERIFF COURT]
(8) After formally serving a document, a Confirmation of Formal Service must be completed by the person who served it. After formally serving a document, a Confirmation of Formal Service must be completed by the person who served it.
(9) If postal service has been used, any postal receipts must be attached to the Confirmation of Formal Service. If postal service has been used, any postal receipts must be attached to the Confirmation of Formal Service.
(10) If a solicitor or a sheriff officer has formally served a document, the Confirmation of Formal Service must be sent to the sheriff court within one week of service taking place. If a solicitor or a sheriff officer has formally served a document, the Confirmation of Formal Service must be sent to the sheriff court within one week of service taking place.
19.4 How can you formally serve a document on someone who lives in an EU member state (including Denmark) under the Service Regulation? How can you formally serve a document on someone who lives in an EU member state (including Denmark) under the Service Regulation?
Method Method Method
(1) There are up to 4 ways to formally serve a document on someone who lives in an EU member state (including Denmark) under the Service Regulation, depending on what the law of that member state permits. There are up to 4 ways to formally serve a document on someone who lives in an EU member state (including Denmark) under the Service Regulation, depending on what the law of that member state permits.
(2) It may be done by posting the document to the person's home or business address using a postal service which records delivery. This is called postal service. It may be done by posting the document to the person's home or business address using a postal service which records delivery. This is called postal service.
(3) It may be done by sending the document to a messenger-at-arms and asking them to arrange for it to be served. This is called service by transmitting agency. It may be done by sending the document to a messenger-at-arms and asking them to arrange for it to be served. This is called service by transmitting agency.
(4) It may be done by sending the document to a person who is entitled to serve court documents in that member state and asking them to arrange for it to be formally served. This is called direct service. This method can only be used if the law of the member state permits it. It may be done by sending the document to a person who is entitled to serve court documents in that member state and asking them to arrange for it to be formally served. This is called direct service. This method can only be used if the law of the member state permits it.
(5) It may be done by sending the document to the Secretary of State for Foreign, Commonwealth and Development Affairs and asking the Secretary of State to arrange for it to be formally served by a British consular authority. This is called consular service. This method can always be used if the document is being served on a British national. Otherwise, it can only be used if the law of the member state permits it. It may be done by sending the document to the Secretary of State for Foreign, Commonwealth and Development Affairs and asking the Secretary of State to arrange for it to be formally served by a British consular authority. This is called consular service. This method can always be used if the document is being served on a British national. Otherwise, it can only be used if the law of the member state permits it.
Who can formally serve the document? Who can formally serve the document? Who can formally serve the document?
(6) The sheriff clerk may formally serve a Claim Form on the respondent by postal service only if: The sheriff clerk may formally serve a Claim Form on the respondent by postal service only if:
(a) the claimant is not a company or a partnership, and
(b) the claimant is not legally represented.
(7) Otherwise, postal service may only be done by one of two persons: Otherwise, postal service may only be done by one of two persons:
(a) the party's solicitor,
(b) a sheriff officer instructed by the party.
(8) For the other methods of formal service, the party sends the document to the Secretary of State for Foreign, Commonwealth and Development Affairs or a person who is entitled to serve court documents in the country where the Form or Notice is to be formally served. That person will make the necessary arrangements for formal service. For the other methods of formal service, the party sends the document to the Secretary of State for Foreign, Commonwealth and Development Affairs or a person who is entitled to serve court documents in the country where the Form or Notice is to be formally served. That person will make the necessary arrangements for formal service.
Additional requirements Additional requirements Additional requirements
(9) Where a party chooses service by transmitting agency, the party must give the messenger-at-arms a translation of the document into a language which the recipient understands or an official language of the member state where the document is to be served. Where a party chooses service by transmitting agency, the party must give the messenger-at-arms a translation of the document into a language which the recipient understands or an official language of the member state where the document is to be served.
(10) After translating a document, the translator must complete a Translation Certificate and give it to the party who is formally serving the document. After translating a document, the translator must complete a Translation Certificate and give it to the party who is formally serving the document.
(11) Where postal service is used, the envelope containing the document must have the following label printed or written on it: Where postal service is used, the envelope containing the document must have the following label printed or written on it:
THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM
[NAME OF SHERIFF COURT], SCOTLAND [NAME OF SHERIFF COURT], SCOTLAND
IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE
RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT
[FULL ADDRESS OF SHERIFF COURT] [FULL ADDRESS OF SHERIFF COURT]
(12) That label must also be translated into an official language of the country where the document is to be served, unless English is an official language of that country. That label must also be translated into an official language of the country where the document is to be served, unless English is an official language of that country.
(13) After formally serving a document by postal service, a Confirmation of Formal Service must be completed by the person who formally served it. After formally serving a document by postal service, a Confirmation of Formal Service must be completed by the person who formally served it.
(14) Any postal receipts must be attached to the Confirmation of Formal Service. Any postal receipts must be attached to the Confirmation of Formal Service.
(15) If a solicitor or a sheriff officer has used postal service, the Confirmation of Formal Service must be sent to the sheriff court within one week of formal service taking place. If a solicitor or a sheriff officer has used postal service, the Confirmation of Formal Service must be sent to the sheriff court within one week of formal service taking place.
(16) If any other method of formal service was used, the party who requested service of the document must send the certificate that the party receives from the person who served the document to the sheriff court within one week of receiving it. If any other method of formal service was used, the party who requested service of the document must send the certificate that the party receives from the person who served the document to the sheriff court within one week of receiving it.
(17) If the document was translated into another language, the Translation Certificate must be sent to the sheriff court with the Confirmation of Formal Service or the certificate from the person who served the document. If the document was translated into another language, the Translation Certificate must be sent to the sheriff court with the Confirmation of Formal Service or the certificate from the person who served the document.
19.5 How can you formally serve a document on someone who lives in a Hague Convention country (other than an EU member state)? How can you formally serve a document on someone who lives in a Hague Convention country (other than an EU member state)?
Method Method Method
(1) There are up to 4 ways to formally serve a document on someone who lives in a Hague Convention country, depending on what the law of that country permits. There are up to 4 ways to formally serve a document on someone who lives in a Hague Convention country, depending on what the law of that country permits.
(2) It may be done by posting the document to the person's home or business address using a postal service which records delivery. This is called postal service. This method can only be used if the law of the country permits it. It may be done by posting the document to the person's home or business address using a postal service which records delivery. This is called postal service. This method can only be used if the law of the country permits it.
(3) It may be done by sending the document to the Scottish Ministers and asking them to arrange for it to be formally served. This is called service via central authority. This method can always be used. It may be done by sending the document to the Scottish Ministers and asking them to arrange for it to be formally served. This is called service via central authority. This method can always be used.
(4) It may be done by sending the document to the Secretary of State for Foreign, Commonwealth and Development Affairs and asking the Secretary of State to arrange for it to be formally served by a British consular authority. This is called consular service. This method can always be used if the document is being formally served on a British national. Otherwise, it can only be used if the law of the country permits it. It may be done by sending the document to the Secretary of State for Foreign, Commonwealth and Development Affairs and asking the Secretary of State to arrange for it to be formally served by a British consular authority. This is called consular service. This method can always be used if the document is being formally served on a British national. Otherwise, it can only be used if the law of the country permits it.
(5) It may be done by sending the document to a person who is entitled to serve court documents in that country and asking them to arrange for it to be formally served. This is called service by competent person. This method can only be used if the law of the country permits it. It may be done by sending the document to a person who is entitled to serve court documents in that country and asking them to arrange for it to be formally served. This is called service by competent person. This method can only be used if the law of the country permits it.
Who can formally serve the document? Who can formally serve the document? Who can formally serve the document?
(6) The sheriff clerk may formally serve a Claim Form on the respondent by postal service only if: The sheriff clerk may formally serve a Claim Form on the respondent by postal service only if:
(a) the claimant is not a company or a partnership, and
(b) the claimant is not legally represented.
(7) Otherwise, postal service may only be done by one of two persons: Otherwise, postal service may only be done by one of two persons:
(a) the party's solicitor,
(b) a sheriff officer instructed by the party.
(8) For the other methods of formal service, the party sends the Form or Notice to the Scottish Ministers, the Secretary of State for Foreign, Commonwealth and Development Affairs or a person who is entitled to serve court documents in the country where the Form or Notice is to be formally served. That person will make the necessary arrangements for formal service. For the other methods of formal service, the party sends the Form or Notice to the Scottish Ministers, the Secretary of State for Foreign, Commonwealth and Development Affairs or a person who is entitled to serve court documents in the country where the Form or Notice is to be formally served. That person will make the necessary arrangements for formal service.
Additional requirements Additional requirements Additional requirements
(9) Any document must be accompanied by a translation into an official language of the country where it is to be formally served, unless English is an official language of that country. Any document must be accompanied by a translation into an official language of the country where it is to be formally served, unless English is an official language of that country.
(10) After translating a document, the translator must complete a Translation Certificate and give it to the party who is formally serving the Form or Notice. After translating a document, the translator must complete a Translation Certificate and give it to the party who is formally serving the Form or Notice.
(11) Where postal service is used, the envelope containing the document must have the following label printed or written on it: Where postal service is used, the envelope containing the document must have the following label printed or written on it:
THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM
[NAME OF SHERIFF COURT], SCOTLAND [NAME OF SHERIFF COURT], SCOTLAND
IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE
RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT
[FULL ADDRESS OF SHERIFF COURT] [FULL ADDRESS OF SHERIFF COURT]
(12) That label must also be translated into an official language of the country where the Form or Notice is to be served, unless English is an official language of that country. That label must also be translated into an official language of the country where the Form or Notice is to be served, unless English is an official language of that country.
(13) After formally serving a document by postal service, a Confirmation of Formal Service must be completed by the person who served it. After formally serving a document by postal service, a Confirmation of Formal Service must be completed by the person who served it.
(14) Any postal receipts must be attached to the Confirmation of Formal Service. Any postal receipts must be attached to the Confirmation of Formal Service.
(15) If a solicitor or a sheriff officer has used postal service, the Confirmation of Formal Service must be sent to the sheriff court within one week of service taking place. If a solicitor or a sheriff officer has used postal service, the Confirmation of Formal Service must be sent to the sheriff court within one week of service taking place.
(16) If any other method of formal service was used, the party who requested formal service of the document must send the certificate that the party receives from the person who formally served the document to the sheriff court within one week of receiving it. If any other method of formal service was used, the party who requested formal service of the document must send the certificate that the party receives from the person who formally served the document to the sheriff court within one week of receiving it.
(17) If the document was translated into another language, the Translation Certificate must be sent to the sheriff court with the Confirmation of Formal Service or the certificate from the person who served the document. If the document was translated into another language, the Translation Certificate must be sent to the sheriff court with the Confirmation of Formal Service or the certificate from the person who served the document.
19.6 How can you formally serve a document on someone who lives in a country with which the United Kingdom has a convention about how to serve court documents? How can you formally serve a document on someone who lives in a country with which the United Kingdom has a convention about how to serve court documents?
Method Method Method
(1) The ways of formally serving a document on someone who lives in a country with which the United Kingdom has a convention about how to serve court documents depends on the convention between the United Kingdom and that country. The ways of formally serving a document on someone who lives in a country with which the United Kingdom has a convention about how to serve court documents depends on the convention between the United Kingdom and that country.
(2) Accordingly, a document can be formally served in any way that is allowed in the convention between the United Kingdom and the country where it is to be served. Accordingly, a document can be formally served in any way that is allowed in the convention between the United Kingdom and the country where it is to be served.
Who can formally serve the document? Who can formally serve the document? Who can formally serve the document?
(3) A document can be formally served by a person who is authorised to do so by the convention between the United Kingdom and the country where it is to be served. A document can be formally served by a person who is authorised to do so by the convention between the United Kingdom and the country where it is to be served.
Additional requirements Additional requirements Additional requirements
(4) Where the convention requires that a document must be accompanied by a translation into an official language of the country where it is to be served, the translator must complete a Translation Certificate and give it to the party who is serving the document. Where the convention requires that a document must be accompanied by a translation into an official language of the country where it is to be served, the translator must complete a Translation Certificate and give it to the party who is serving the document.
(5) The party who requested formal service of the document must send the certificate that the party receives from the person who served the document to the sheriff court within one week of receiving it. The party who requested formal service of the document must send the certificate that the party receives from the person who served the document to the sheriff court within one week of receiving it.
(6) If the document was translated into another language, the Translation Certificate must be sent to the sheriff court with the certificate from the person who served the document. If the document was translated into another language, the Translation Certificate must be sent to the sheriff court with the certificate from the person who served the document.
19.7 How can you formally serve a document on someone who lives in any other country? How can you formally serve a document on someone who lives in any other country?
Method Method Method
(1) There are two ways to formally serve a document on someone who lives in a country where none of the other rules apply. There are two ways to formally serve a document on someone who lives in a country where none of the other rules apply.
(2) It can be done by posting the document to the person's home or business address using a postal service which records delivery. This is called postal service. It can be done by posting the document to the person's home or business address using a postal service which records delivery. This is called postal service.
(3) It can also be done by using the rules for personal service under the domestic law of the country where the document is to be served. This is called personal service. It can also be done by using the rules for personal service under the domestic law of the country where the document is to be served. This is called personal service.
Who can formally serve the document? Who can formally serve the document? Who can formally serve the document?
(4) The sheriff clerk may formally serve a Claim Form on the respondent by postal service only if: The sheriff clerk may formally serve a Claim Form on the respondent by postal service only if:
(a) the claimant is not a company or a partnership, and
(b) the claimant is not legally represented.
(5) Otherwise, postal service many only be done by one of two persons: Otherwise, postal service many only be done by one of two persons:
(a) the party's solicitor,
(b) a sheriff officer instructed by the party.
(6) Personal service may be done by a person who is authorised to do so under the domestic law of the country where the document is to be served. Personal service may be done by a person who is authorised to do so under the domestic law of the country where the document is to be served.
Additional requirements Additional requirements Additional requirements
(7) Any document must be accompanied by a translation into an official language of the country where it is to be formally served, unless English is an official language of that country. Any document must be accompanied by a translation into an official language of the country where it is to be formally served, unless English is an official language of that country.
(8) After translating a document, the translator must complete a Translation Certificate and give it to the party who is formally serving the Form or Notice. After translating a document, the translator must complete a Translation Certificate and give it to the party who is formally serving the Form or Notice.
(9) Where postal service is used, the envelope containing the document must have the following label printed or written on it: Where postal service is used, the envelope containing the document must have the following label printed or written on it:
THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM THIS ENVELOPE CONTAINS A [NAME OF DOCUMENT] FROM
[NAME OF SHERIFF COURT], SCOTLAND [NAME OF SHERIFF COURT], SCOTLAND
IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE IF DELIVERY CANNOT BE MADE, THE LETTER MUST BE
RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT RETURNED IMMEDIATELY TO THE SHERIFF CLERK AT
[FULL ADDRESS OF SHERIFF COURT] [FULL ADDRESS OF SHERIFF COURT]
(10) That label must also be translated into an official language of the country where the document is to be served, unless English is an official language of that country. That label must also be translated into an official language of the country where the document is to be served, unless English is an official language of that country.
(11) After formally serving a document by postal service, a Confirmation of Formal Service must be completed by the person who served it. After formally serving a document by postal service, a Confirmation of Formal Service must be completed by the person who served it.
(12) Any postal receipts must be attached to the Confirmation of Formal Service. Any postal receipts must be attached to the Confirmation of Formal Service.
(13) If a solicitor or a sheriff officer has used postal service, the Confirmation of Formal Service must be sent to the sheriff court within one week of service taking place. If a solicitor or a sheriff officer has used postal service, the Confirmation of Formal Service must be sent to the sheriff court within one week of service taking place.
(14) If any other method of formal service was used, the party who requested formal service of the document must send the certificate that the party receives from the person who formally served the document to the sheriff court within one week of receiving it. If any other method of formal service was used, the party who requested formal service of the document must send the certificate that the party receives from the person who formally served the document to the sheriff court within one week of receiving it.
(15) If any other method of formal service was used, the party who requested formal service of the document must also send a Method of Service Abroad Certificate to the sheriff court with the certificate that the party receives from the person who served the document to the sheriff court within one one week of receiving it. If any other method of formal service was used, the party who requested formal service of the document must also send a Method of Service Abroad Certificate to the sheriff court with the certificate that the party receives from the person who served the document to the sheriff court within one one week of receiving it.
(16) If the document was translated into another language, the Translation Certificate must be sent to the sheriff court with the Confirmation of Formal Service... or the certificate from the person who formally served the document. If the document was translated into another language, the Translation Certificate must be sent to the sheriff court with the Confirmation of Formal Service... or the certificate from the person who formally served the document.

PART 20: Provisional orders

20.1 What is this Part about? What is this Part about?
(1) This Part is about provisional orders which protect or secure the claimant's position before the sheriff makes a final decision in a case. This Part is about provisional orders which protect or secure the claimant's position before the sheriff makes a final decision in a case.
20.2 When can a claimant ask for provisional orders to be made? When can a claimant ask for provisional orders to be made?
(1) The claimant may apply for provisional orders to be made by completing a Provisional Orders Application and sending it to the sheriff court with the Claim Form. The claimant may apply for provisional orders to be made by completing a Provisional Orders Application and sending it to the sheriff court with the Claim Form.
(2) The claimant may also apply for provisional orders at any time before the sheriff makes a final decision in a case by completing a Provisional Orders Application and sending it to the sheriff court. The claimant may also apply for provisional orders at any time before the sheriff makes a final decision in a case by completing a Provisional Orders Application and sending it to the sheriff court.
(3) The claimant must also send the Provisional Orders Application to the respondent and any interested person, unless the claimant has asked the court to make the provisional orders without holding a provisional orders hearing. The claimant must also send the Provisional Orders Application to the respondent and any interested person, unless the claimant has asked the court to make the provisional orders without holding a provisional orders hearing.
20.3 What happens when the court receives a Provisional Orders Application? What happens when the court receives a Provisional Orders Application?
(1) The next steps depend on whether the claimant has asked the court to grant the Provisional Orders Application with or without holding a hearing. The next steps depend on whether the claimant has asked the court to grant the Provisional Orders Application with or without holding a hearing.
(2) If the claimant has asked the court to hold a hearing, before deciding whether to grant the Provisional Orders Application, the sheriff must— If the claimant has asked the court to hold a hearing, before deciding whether to grant the Provisional Orders Application, the sheriff must—
(a) send the claimant notice of when and where the hearing is to be held, and
(b) order the claimant to tell the respondent and any interested person when and where it is to be held.
(3) If the claimant has asked the court to grant the Provisional Orders Application without holding a hearing, the sheriff may ...: If the claimant has asked the court to grant the Provisional Orders Application without holding a hearing, the sheriff may ...:
(a) grant the Provisional Orders Application and send the claimant written orders containing the provisional orders,
(b) refuse to grant the Provisional Orders Application without holding a hearing and send the claimant notice of when and where the hearing is to be held, or
(c) where the claimant has indicated in Form 20A that they do not want the court to arrange a hearing under paragraph (3)(b), refuse the Provisional Orders Application.
(4) Where the sheriff grants the Provisional Orders Application without holding a hearing, the sheriff must also fix a provisional orders review hearing and order the claimant to tell the respondent and any interested person when and where it is to be held. Where the sheriff grants the Provisional Orders Application without holding a hearing, the sheriff must also fix a provisional orders review hearing and order the claimant to tell the respondent and any interested person when and where it is to be held.
(5) If the sheriff refuses to grant the Provisional Orders Application without holding a hearing, the sheriff must also order the claimant to send the respondent and any interested person notice of when and where the hearing is to be held. If the sheriff refuses to grant the Provisional Orders Application without holding a hearing, the sheriff must also order the claimant to send the respondent and any interested person notice of when and where the hearing is to be held.
20.4 How can the claimant tell the respondent or an interested party about a hearing? How can the claimant tell the respondent or an interested party about a hearing?
(1) The claimant can tell the respondent or an interested party about any hearing under this Part by sending a Provisional Orders Hearing Notice to the respondent or interested party. The claimant can tell the respondent or an interested party about any hearing under this Part by sending a Provisional Orders Hearing Notice to the respondent or interested party.
20.5 How can you ask the court to reconsider provisional orders that it has made? How can you ask the court to reconsider provisional orders that it has made?
(1) The respondent can ask the sheriff to reconsider a provisional order by sending a Provisional Orders Reconsideration Application to the court, the claimant and any interested person. The respondent can ask the sheriff to reconsider a provisional order by sending a Provisional Orders Reconsideration Application to the court, the claimant and any interested person.
(2) An interested person can ask the sheriff to reconsider a provisional order by sending a Provisional Orders Reconsideration Application to the court, the claimant, the respondent and any other interested person. An interested person can ask the sheriff to reconsider a provisional order by sending a Provisional Orders Reconsideration Application to the court, the claimant, the respondent and any other interested person.
(3) When the court receives a Provisional Orders Reconsideration Application, the sheriff must order every person to whom the application was sent to appear at a provisional orders review hearing where the sheriff will consider whether to change the provisional order. When the court receives a Provisional Orders Reconsideration Application, the sheriff must order every person to whom the application was sent to appear at a provisional orders review hearing where the sheriff will consider whether to change the provisional order.
(4) The sheriff may also order notice of the provisional orders review hearing to be given to any other person that the sheriff is satisfied has an interest. The sheriff may also order notice of the provisional orders review hearing to be given to any other person that the sheriff is satisfied has an interest.
20.6 How can you ask the court to consider other applications about provisional orders? How can you ask the court to consider other applications about provisional orders?
(1) A party may make any other application mentioned in Part 1A of the Debtors (Scotland) Act 1987 or Part 1A of the Debt Arrangement and Attachment (Scotland) Act 2002 by sending an Additional Orders Application (see Part9) to the court, the other party and any interested person. A party may make any other application mentioned in Part 1A of the Debtors (Scotland) Act 1987 or Part 1A of the Debt Arrangement and Attachment (Scotland) Act 2002 by sending an Additional Orders Application (see Part9) to the court, the other party and any interested person.
(2) An interested person may make any other application mentioned in Part 1A of the Debtors (Scotland) Act 1987 or Part 1A of the Debt Arrangement and Attachment (Scotland) Act 2002 by sending an Additional Orders Application (see Part9) to the court, the parties and any other interested person. An interested person may make any other application mentioned in Part 1A of the Debtors (Scotland) Act 1987 or Part 1A of the Debt Arrangement and Attachment (Scotland) Act 2002 by sending an Additional Orders Application (see Part9) to the court, the parties and any other interested person.
(3) When the court receives such an Incidental Orders Application, the sheriff must order every person to whom the application was sent to appear at a provisional orders discussion in court, where the sheriff will consider whether to make any orders. When the court receives such an Incidental Orders Application, the sheriff must order every person to whom the application was sent to appear at a provisional orders discussion in court, where the sheriff will consider whether to make any orders.
20.7 How are provisional orders made effective? How are provisional orders made effective?
(1) The method for making a provisional order effective depends on the type of provisional order. The method for making a provisional order effective depends on the type of provisional order.
(2) An arrestment on the dependence (see rule 3.8(2)(a)) is made effective in accordance with rule 20.8. An arrestment on the dependence (see rule 3.8(2)(a)) is made effective in accordance with rule 20.8.
(3) An inhibition on the dependence (see rule 3.8(2)(b)) is made effective in accordance with section 148(3)(b) of the Bankruptcy and Diligence (Scotland) Act 2007 and the Diligence (Scotland) Regulations 2009 (but see rule 20.9 if the respondent's address is not known). An inhibition on the dependence (see rule 3.8(2)(b)) is made effective in accordance with section 148(3)(b) of the Bankruptcy and Diligence (Scotland) Act 2007 and the Diligence (Scotland) Regulations 2009 (but see rule 20.9 if the respondent's address is not known).
(4) An interim attachment (see rule 3.8(2)(c)) is made effective in accordance with Chapter 1A of the Rules for Applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002 . An interim attachment (see rule 3.8(2)(c)) is made effective in accordance with Chapter 1A of the Rules for Applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002 .
20.8 How is an arrestment on the dependence made effective? How is an arrestment on the dependence made effective?
(1) An arrestment on the dependence is made effective by formally serving an Arrestment Notice on the person named in the provisional order who holds the respondent's goods or money. An arrestment on the dependence is made effective by formally serving an Arrestment Notice on the person named in the provisional order who holds the respondent's goods or money.
(2) An arrestment Notice must be formally served by a sheriff officer. The sheriff officer must use one of the methods of formal service mentioned in rule 18.3. An arrestment Notice must be formally served by a sheriff officer. The sheriff officer must use one of the methods of formal service mentioned in rule 18.3.
(3) After formally serving an Arrestment Notice, the sheriff officer must complete a Confirmation of Formal Service of Arrestment Notice and send it to the sheriff court within one week of service taking place. After formally serving an Arrestment Notice, the sheriff officer must complete a Confirmation of Formal Service of Arrestment Notice and send it to the sheriff court within one week of service taking place.
(4) The requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926. The requirement to formally serve by sheriff officer is subject to the exceptions in sections 2 and 3 of the Execution of Diligence (Scotland) Act 1926.
20.9 How is an inhibition on the dependence made effective if the claimant does not know the respondent's address? How is an inhibition on the dependence made effective if the claimant does not know the respondent's address?
(1) If the claimant does not know the respondent's address, an inhibition on the dependence is made effective if the sheriff officer does two additional things: If the claimant does not know the respondent's address, an inhibition on the dependence is made effective if the sheriff officer does two additional things:
(a) send the schedule of inhibition to the sheriff clerk of the sheriff court district where the respondent's last known address is located;
(b) send a copy of the schedule of inhibition by post to the respondent's last known address.

PART 21: Glossary

21.1 What is this Part about? What is this Part about?
(1) This Part contains a guide for litigants, lay representatives and courtroom supporters to the meaning of certain legal words and expressions used in these rules. This Part contains a guide for litigants, lay representatives and courtroom supporters to the meaning of certain legal words and expressions used in these rules.
Word or expression Meaning
Additional respondent A person who is not named as a respondent by the claimant in the Claim Form but who enters the case later.
Admitting a claim Where the respondent accepts the claim made by the claimant, including the things which the claimant wants from the respondent.
Appeal Asking the Sheriff Appeal Court to reverse or vary the decision of a sheriff on a point of law.
Application A way for a party to ask the court to do something by sending it and other parties a written application in a special form.
Arrestment on the dependence An order freezing the respondent's funds or good held by a third party (typically money held in a bank account), in advance of the sheriff making a decision in a case.
Case management discussion An informal discussion of how a case is progressing, involving the sheriff and the parties.
Cite a witness Demand that a witness attend a hearing by an officer of court formally serving a Witness Citation Notice.
Claim The things which the claimant wants from the respondent.
Claimant The person making a claim.
Courtroom supporter A person who may accompany a party in court to provide moral support.
Decision The final order which the sheriff makes about the merits of a case, setting out who has been successful.
Discussion A discussion of a particular issue (such as an application), involving the sheriff and the parties, which may take place in court.
Dismissing a claim An order by the sheriff ending the case without deciding which party has been successful.
Expenses The contribution the court can order one party to make towards how much it costs another party to conduct a case.
Formal service The formal process of sending a copy of a court document to a party or other person.
Hearing An appearance by both parties in court at which witnesses and evidence can be considered and the sheriff will make a decision.
Last date for a response The date by which the Respondent must respond to the claim by sending a Response Form to the court and to the claimant, or respond to the claim by sending a Time to Pay Application to the court.
Last date for service The date by which the Claim Form must be formally served on the respondent.
Lay representative A representative who is not a lawyer.
Legal representative A representative who is a lawyer.
Lodge To deposit documents and other evidence to the sheriff clerk before a hearing, for their use at that hearing.
Order A direction given by the sheriff to the parties telling them what they must do or what will happen next in a case.
Party A person involved on one side of a simple procedure case – either a claimant or a respondent.
Pause Temporarily suspend the progress of a case.
Portal on the Scottish Courts and Tribunals Service website The portal for conducting a simple procedure case at http://www.scotcourts.gov.uk/.
Principles of simple procedure The 5 principles listed in rule 1.2.
Provisional order An order which protects or secures a claimant's position before a hearing, such as freezing a sum of money in the respondent's bank account.
Recall An order cancelling a decision made by the sheriff.
Representative A person who assists a party and speaks on their behalf in court, who may be either a legal representative or a lay representative.
Respondent The person a claim is made against.
Response The respondent's reasons why the claim should not be successful.
Restart Resuming the progress of a paused case.
Send Sending something in a way provided for in Part 6 of the rules.
Sheriff The judge who will decide a simple procedure case.
Sheriff clerk A court official who provides administrative support to the sheriff.
Sheriff officer A court officer who may formally serve court documents.
Simple procedure case A claim which is registered by the sheriff clerk.
Statutory intervener A statutory body with the power to intervene in a simple procedure case.
Timetable The dates by which the first two steps that the parties must take in a simple procedure case are to be completed – the last date for service and the last date for a response.
Time to pay An order giving the respondent time to pay the claimant in instalments or in a deferred lump sum.
Trading name A name under which a person, partnership or company carries out its business.

SCHEDULE 2 — Forms

PART 2
2A. Lay Representation Form
PART 3
3A. Claim Form
3B. Further Claimant Form
3C. Further Respondent Form
3D. Timetable
3E. Change of Timetable Application
PART 4
4A. Response Form
PART 5
5A. Time to Pay Application
5B. Time to Pay Notice
PART 6
6A. Notice of Claim
6B. Service by Advertisement Application
6C. Confirmation of Formal Service
PART 7
7A. Application for a Decision
PART 8
8A. Order of the Sheriff
PART 9
9A. Application to Pause
9B. Application to Restart
9C. Additional Respondent Application
9D. Application to Amend
9E. Abandonment Notice
9F. Application to Represent
9G. Incidental Orders Application
PART 10
10A. List of Evidence Form
10B. Recovery of Documents Application
10C. Application to Open Confidential Document
10D. Special Recovery of Documents Application
PART 11
11A. List of Witnesses Form
11B. Witness Citation Notice
11C. Child Witness Notice
11D. Vulnerable Witness Application
11E. Special Measures Review Application
PART 13
13A. Decision Form
13B. Application to Recall
PART 15
15A. Charge to Pay
15B. Alternative Decision Application
PART 16
16A. Appeal Form
16B. Appeal Report
PART 17
17A. CJEU Reference Form
17B. Application to Intervene
17C. Invitation to Intervene
17D. Application to Change a Damages Management Order
17E. Application for Instructions about a Damages Management Order
17F. Application for a Child's Property Administration Order
PART 19
19A. Translation Certificate
19B. Method of Service Abroad Certificate
PART 20
20A. Provisional Orders Application
20B. Provisional Orders Hearing Notice
20C. Provisional Orders Reconsideration Application
20D. Arrestment Notice
20E. Confirmation of Formal Service of Arrestment Notice

SCHEDULE 3 — Standard Orders

Signed

CJM SUTHERLAND — Lord President — 2016-06-09

Explanatory note

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

Footnotes

[^f00001]: 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, schedule 1, paragraph 1(4).

[^f00002]: 2014 asp 18.

[^f00003]: 2006 asp 16. Section 14 was amended by S.S.I. 2013/211.

[^f00004]: 2014 asp 18.

[^f00005]: 2014 asp 18.

[^f00006]: 1990 c. 40. Section 25 was amended by the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), schedule 5, paragraph 3(10) and by S.S.I. 2014/232.

[^f00007]: Schedule 2 was substituted by Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824).

[^f00008]: 1990 c. 36. Schedule 2 was amended by S.I. 2011/1043.

[^f00009]: 1995 c. 36.

[^f00010]: 2004 asp 3.

[^f00011]: 2010 c. 15.

[^f00012]: 1972 c. 68. Schedule 1 was relevantly amended by the European Union (Amendment) Act 2008 (c. 7), Schedule 1, Part 1, paragraph 1.

[^f00013]: See the status table at https://www.hcch.net/en/instruments/conventions/status-table/?cid=17.

[^f00014]: 2004 asp 3.

[^f00015]: 1987 c. 18. Last amended by the Revenue Scotland and Tax Powers Act 2014 (asp 16), schedule 4, paragraph 1(2).

[^f00016]: 1987 c. 18. Last amended by the Revenue Scotland and Tax Powers Act 2014 (asp 16), schedule 4, paragraph 1(3).

[^f00017]: 1974 c. 39. Section 129 has been amended by the Debtors (Scotland) Act 1987 (c. 19), section 108(1), 109(3), Schedule 6, paragraph 17(a) and Schedule 7 paragraph 5, and by the Consumer Credit Act 2006 (c. 14), section 16(1).

[^f00018]: The Ordinary Cause Rules 1993 are in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c.51). Schedule 1 was substituted by S.I. 1993/1956 and was last amended by S.S.I. 2016/102.

[^f00019]: 1987 c. 18. Section 15A was inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 169.

[^f00020]: 2002 asp 17. Section 9A was inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 173.

[^f00021]: 1987 c. 18. Sections 15K and 15L were inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 169.

[^f00022]: 2002 asp 17. Sections 9M and 9N were inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 173.

[^f00023]: 1987 c. 18. Sections 15K and 15L were inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 169.

[^f00024]: 2002 asp 17. Sections 9M and 9N were inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 173.

[^f00025]: S.S.I. 2009/68. Regulation 3 was amended by S.S.I. 2009/396.

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