Act of Sederunt (Rules of the Court of Session 1994) 1994

Certification of court settlement

62.83

— An application for certification under Article 24 of the Regulation (court settlement) shall be accompanied by an affidavit—

• (a) verifying that the debtor admitted the claim or entered into a settlement that was approved by the court or concluded before the court in the course of proceedings and is enforceable in Scotland;

• (b) verifying that the settlement concerned a claim within the meaning of Article 4(2) of the Regulation (payment of money); and

• (c) providing the information required by the form of certificate in Annex II to the Regulation (European Enforcement Order – court settlement).

Certification of authentic instrument

62.84

An application for certification under Article 25(1) of the Regulation (authentic instrument) shall be by letter to the Keeper of the Registers and shall be accompanied by an affidavit—

• (a) verifying that the authentic instrument concerns a claim within the meaning of Article 4(2) of the Regulation (payment of money);

• (b) verifying that the authentic instrument is enforceable in Scotland; and

• (c) providing the information required by the form of certificate in Annex III to the Regulation (European Enforcement Order – authentic instrument).

Certificate of lack or limitation of enforceability

62.85

An application for certification under Article 6(2) of the Regulation (lack or limitation of enforceability) shall be accompanied by an affidavit—

• (a) stating the date on which the judgment, court settlement or authentic instrument was certified as a European Enforcement Order; and

• (b) providing the information required by the form of certificate in Annex IV to the Regulation (certificate of lack or limitation of enforceability).

Replacement certificate

62.86

An application under Article 6(3) of the Regulation (replacement certificate) shall be accompanied by an affidavit providing the information required by the form of certificate in Annex V to the Regulation (European Enforcement Order – replacement certificate following a challenge).

Rectification or withdrawal of certificate

62.87

An application under Article 10(1) of the Regulation (rectification or withdrawal of European Enforcement Order certificate) shall be made in the form set out in Annex VI to the Regulation and, subject to rule 62.1 (disapplication of certain rules in Chapter 14 to this Chapter), shall be treated as a petition.

Registration for enforcement

62.88

• (1) An application for registration for enforcement of a judgment, court settlement or authentic instrument certified as a European Enforcement Order shall be made by presenting to the Keeper of the Registers—

• (a) a certificate under Article 20(2)(b) of the Regulation (European Enforcement Order certificate);

• (b) a copy of the judgment, court settlement, or authentic instrument in accordance with Article 20(2)(a) of the Regulation (enforcement procedure);

• (c) where the certificate under Article 20(2)(b) is in a language other than English, a translation of the certificate into English certified as correct by the translator and stating the full name, address and qualification of the translator; and

• (d) where the European Enforcement Order is expressed in a currency other than sterling, a certificate issued by a competent authority of a Member State of origin of the sterling equivalent of—

• (i) the principal sum,

• (ii) interest, and

• (iii) expenses,

contained in the judgment, court settlement or authentic instrument, as the case may be, at the rate of exchange prevailing at a date specified under the law of the Member State of origin for obtaining currency conversion in judicial matters.

• (2) On presentation of the documents mentioned in sub-paragraphs (a) to (d) of paragraph (1) the Keeper of the Registers shall—

• (a) register the certificate in the register of judgments of the Books of Council and Session; and

• (b) issue an extract of the certificate with a warrant for execution.

• (3) An application under—

• (a) Article 21 of the Regulation (refusal of enforcement); or

• (b) Article 23 of the Regulation (stay or limitation of enforcement),

shall be made by petition.

Refusal, stay or limitation of enforcement

62.89

An interlocutor certified by the Deputy Principal Clerk shall be sufficient warrant to the Keeper of the Registers—

• (a) where enforcement is refused under rule 62.88(3)(a), to cancel the registration of the certificate of the European Enforcement Order and return the judgment, certificate or other documents to the person who sought registration ; or

• (b) where enforcement is stayed or limited under rule 62.88(3)(b), to—

• (i) register the interlocutor in the register of judgements of the Books of Council and Session; and

• (ii) issue an extract of the interlocutor.

CHAPTER 92 — INQUIRES ACT 2005

Applications

92.1

• (1) In this rule “the Act of 2005” means the Inquiries Act 2005.

• (2) An application under section 36(2) of the Act of 2005 for the court to make such order by way of enforcement, or otherwise as it could make if the matter had arisen in proceedings before the court, shall be by petition.

• (3) There shall be attached to a petition mentioned in paragraph (2) a certificate under section 36(1) of the Act of 2005 (certificate by chairman of inquiry or Minister).

Productions in action of divorce, dissolution of civil partnership, or where section 11 order may be made

Notices in certain actions of dissolution of civil partnership or separation of civil partners

49.14A

• (1) In the following actions of dissolution of civil partnership or separation of civil partners, there shall be attached to the copy of the summons served on the defender–

• (a) in an action relying on section 117(3)(c) of the CP Act of 2004 (no cohabitation for one year with consent of defender to decree)–

• (i) which is an action of dissolution of a civil partnership, a notice in Form 49.14A–A and a form of notice of consent in Form 49.14A–B;

• (ii) which is an action of separation of civil partners, a notice in Form 49.14A–C and a form of notice of consent in Form 49.14A–D;

• (b) in an action relying on section 117(3)(d) of the CP Act of 2004 (no cohabitation for two years)–

• (i) which is an action of dissolution of a civil partnership, a notice in Form 49.14A–E;

• (ii) which is an action of separation of civil partners, a notice in Form 49.14A–F;

• (c) in an action relying on section 117(2)(b) of the CP Act of 2004 (grounds of dissolution: interim gender recognition certificate), a notice in Form 49.14A–G.

• (2) The certificate of service of a summons in an action mentioned in paragraph (1) shall state which notice or form mentioned in paragraph (1) has been included with the summons.

Orders for intimation by the court

Interested persons entering process

Appointment of curators ad litem to defenders

Applications for sist

Applications for sist in actions involving civil partnerships

49.18A

• (1) Schedule 3 to the Act of 1973 (sisting of consistorial actions in Scotland) shall apply to actions for dissolution of civil partnerships, separation of civil partners or declarator of nullity of civil partnerships subject to the following modifications:–

• (a) for “consistorial action”, wherever it appears, there shall be substituted “action concerning a civil partnership”;

• (b) for “divorce”, wherever it appears there shall be substituted “dissolution of a civil partnership”;

• (c) for “separation”, wherever it appears, there shall be substituted “separation of civil partners”;

• (d) for “declarator of nullity of marriage”, wherever it appears, there shall be substituted “declarator of nullity of a civil partnership”;

• (e) for “marriage”, wherever it appears, there shall be substituted “civil partnership”;

• (f) for “spouse”, wherever it appears, there shall be substituted “civil partner”;

• (g) in paragraph 2 “declarator of marriage” shall be omitted;

• (h) in paragraph 8(b) for “marriage was contracted” there shall be substituted “civil partnership was registered”;

• (i) in paragraphs 4(a), 7, and 9(4) “or in a sheriff court” shall be omitted;

• (j) in paragraph 8 “or in the Sheriff Court” shall be omitted;

• (k) in paragraph 9(1) “or in a sheriff court” shall be omitted.

• (2) An application for a sist or a recall of a sist under Schedule 3 to the Act of 1973 as it applies under paragraph (1) shall be made by motion.

Notices of consent to divorce, separation, dissolution of civil partnership or separation of civil partners

Procedure in respect of children

Reports by local authorities under section 49(2) of the Act of 1975

Appointment of local authority or reporter to report on a child

Referral to family mediation ...

Applications for orders to disclose whereabouts of children

Applications in relation to removal of children

Intimation to local authority before supervised contact order

Joint minutes

Expenses of curator ad litem appointed to a child

Corrected gender recognition certificates

No suspension in undefended actions of divorce or dissolution of civil partnerships

Application of this Part

Interpretation of this Part

49.53A

In this Part—

• “order for financial provision” has the meaning given in paragraph 4 of Part 4 of Schedule 11 to the CP Act of 2004;

• “overseas proceedings” means proceedings in a country or territory outside the British Islands.

Applications for financial provision after overseas dissolution or annulment of civil partnership

49.53B

• (1) An application under paragraph 2 of Schedule 11 to the CP Act of 2004 for an order for financial provision after a dissolution or annulment of a civil partnership in overseas proceedings shall be made by summons.

• (2) An application for an order in an action to which paragraph (1) applies–

• (a) made before or after final decree under–

• (i) section 112 of the CP Act of 2004 (transfer of tenancy of family home);

• (ii) paragraph 3(4) of Schedule 11 to the CP Act of 2004 (interim periodical allowance);

• (iii) section 14(4) of the Act of 1985 (variation or recall of an incidental order); or

• (b) made after final decree under—

• (i) section 12(4) of the Act of 1985 (variation of date or method of payment of capital sum of date of transfer of property);

• (ii) section 13(4) of the Act of 1985 (variation, recall, backdating or conversion of periodical allowance); or

• (iii) section 14(4) of the Act of 1985 (variation or recall of incidental orders);

shall be made by motion.

• (3) Rule 49.43 (applications after decree relating to aliment) shall apply to a motion under paragraph (2) of this rule as it applies to a motion under that rule.

• (4) An application under–

• (a) paragraph (5) of section 12A of the Act of 1985 (recall or variation of order in respect of a pension lump sum); or

• (b) paragraph (7) of that section (variation of order in respect of pension lump sum to substitute person responsible for the pension arrangement);

• shall be made by minute in the process of the motion to which the application relates.

Interpretation of this Part

49.71A

• (1) In this Part, unless the context otherwise requires, words and expressions used in this Part which are also used in Chapters 3 and 4 of Part 3 of the CP Act of 2004 have the meaning given in those Chapters.

Forms of applications under Chapters 3 and 4 of Part 3 of the Act of 2004

49.71B

Subject to any other provision in this Chapter, an application for an order under Chapter 3 or 4 of Part 3 of the CP Act of 2004 shall be made—

• (a) by an action for such an order;

• (b) by a conclusion in the summons or in defences, as the case may be, in any other family action; or

• (c) where the application is made by a person other than a party to an action mentioned in paragraph (a) or (b), by minute in that action.

Defenders in causes under Chapters 3 and 4 of Part 3 of the CP Act of 2004

49.71C

The applicant for an order under Chapter 3 or 4 of Part 3 of the CP Act of 2004 shall call as a defender–

• (a) where he is seeking an order as a civil partner, the other civil partner; and

• (b) where he is a third party making an application under section 107(1) (dispensing with the consent of non-entitled partner to a dealing), or section 108(1) (payment from non-entitled partner in respect of loan) of the CP Act of 2004, both partners.

Applications by motion under Chapters 3 and 4 of the CP Act of 2004

49.71D

• (1) An application under any of the following provisions of the CP Act of 2004 shall be made by motion–

• (a) section 103(4) (interim order for regulation of rights of occupancy etc.);

• (b) section 104(6) (interim order suspending occupancy rights);

• (c) section 105 (variation and recall or orders regulating occupancy rights and exclusion orders);

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Written intimation of a motion under paragraph (1) shall be given not less than 7 days before the date on which the motion is enrolled–

• (a) to the other civil partner;

• (b) where the motion is under paragraph (1)(a), (b), or (c) and the entitled partner is a tenant or occupies the family home by the permission of a third party, to the landlord or third party, as the case may be, and

• (c) to any other person to whom intimation of the application was or is to be made by virtue of rule 49.8(1)(m) (warrant for intimation to certain persons in actions for orders (warrant for intimation to certain persons in actions for orders under Chapters 3 and 4 of Part 3 of the CP Act of 2004) or rule 49.15 (orders for intimation by the court).

Procedure for minutes

49.71E

Where an application is made by minute under rule 49.71B(c) (form of application under Chapter 3 or 4 of Part 3 of the CP Act of 2004) by a person other than a party and answers to that minute are lodged, the minute and answers shall not be included with the other pleadings in the action in any record, but shall be made up separately in the form of a record; and rule 49.33(5)(b) and (c) (lodging etc. of records) shall apply to that record as it applies to a record under that rule.

Sist of actions to enforce occupancy rights

49.71F

Unless the court otherwise directs, the sist of an action by virtue of section 107(4) of the CP Act 2004 (where the action raised by non-entitled partner to enforce occupancy rights) shall apply only to such part of the action as relates to the enforcement of occupancy rights by a non-entitled partner.

Certificates of execution of delivery to the chief constable

49.71G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in causes under Chapter 3 or 4 of Part 3 of the Act of 2004

49.71H

• (1) For the purposes of proof in any application for an order under Chapter 3 or 4 of the CP Act of 2004, evidence by affidavit shall be admissible in place of parole evidence.

• (2) Rule 36.8 (conditions for receiving certain written statements in evidence) shall not apply in a cause to which paragraph (1) of this rule applies.

Application and interpretation of,and directions under, this Part

49.80A

• (1) In this Part—

• “child of the family” has the meaning given in section 12(4)(b) of the Act of 1995;

• “simplified dissolution application” means an application mentioned in paragraph (2).

• (2) This Part applies to an application for dissolution of a civil partnership by a party to a civil partnership made in the manner prescribed in rule 49.80B (form of application for simplified dissolution of a civil partnership) if, but only if–

• (a) that party relies on the facts set out in section 117(3)(c) (no cohabitation for one year with consent of defender to decree), section 117(3)(d) (no cohabitation for two years), or section 117(2)(b) (issue of a gender recognition certificate) of the CP Act of 2004,

• (b) in an application under section 117(3)(c) of the CP Act of 2004, the other party consents to a decree of dissolution being granted;

• (c) no other proceedings are pending in any court which could have the effect of bringing the civil partnership to an end;

• (d) there are no children of the family under the age of 16 years;

• (e) neither party to the civil partnership applies for an order for financial provision on dissolution of the civil partnership; and

• (f) neither party to the civil partnership suffers from a mental disorder.

• (3) If an application ceases to be one to which this Part applies at any time before final decree, it shall be deemed to be abandoned and shall be dismissed.

• (4) The Principal Clerk shall give directions in relation to the administrative procedures to be followed on the lodging of a simplified dissolution application for–

• (a) the registration and service of such an application;

• (b) having it brought before the court for consideration;

• (c) in the event of decree of dissolution of the civil partnership being granted, for notification to the parties; and

• (d) connected purposes;

and such directions shall have effect subject to the provisions of this Part.

Form of application for simplified dissolution of a civil partnership

49.80B

• (1) A simplified dissolution application in which the facts set out in section 117(3)(c) of the CP Act of 2004 (no cohabitation for one year with consent of defender to decree) are relied on shall be made in Form 49.80B–A and shall only be of effect if—

• (a) it is signed by the applicant; and

• (b) the form of consent in Part 2 of Form 49.80B–A is signed by the party to the civil partnership giving consent.

• (2) A simplified dissolution application in which the facts set out in section 117(3)(d) of the CP Act of 2004 (no cohabitation for two years) are relied on shall be made in Form 49.80B–B and shall only be of effect if signed by the applicant.

• (3) A simplified dissolution application in which the facts set out in section 117(2)(b) of the CP Act of 2004 (issue of interim gender recognition certificate) are relied on shall be made in Form 49.80B–C and shall only be of effect if signed by the applicant.

Lodging and registration of simplified dissolution applications

49.80C

• (1) The applicant shall send a simplified dissolution application to the Deputy Principal Clerk with—

• (a) an extract or certified copy of the certificate of civil partnership;

• (b) the appropriate fee; and

• (c) in an application under section 117(2)(b) of the CP Act of 2004, the interim gender recognition certificate or a certified copy.

• (2) Subject to the following rules of this Part, a simplified dissolution application shall, on being registered in accordance with any directions made under rule 49.80A(4), be treated as a summons in an action of dissolution of a civil partnership which has commenced.

Warrants for service or intimation of simplified dissolution applications

49.80D

• (1) On registration of a simplified dissolution application where the address of the other party to the civil partnership is known, a clerk of session shall grant warrant for service of the application.

• (2) On registration of an application in which the facts set out in section 117(3)(d) (no cohabitation for two years) or section 117(2)(b) (issue of interim gender recognition certificate) of the Act of 2004 are relied on where the address of the other party to the civil partnership is not known to the applicant and cannot reasonably be ascertained—

• (a) the Deputy Principal Clerk shall grant warrant for intimation of the application to–

• (i) every child of the family, and

• (ii) one of the next-of-kin of the other party who has reached the age of 16 years,

unless the address of such person is not known an cannot reasonably be ascertained; and

• (b) the application shall thereafter be placed before the Lord Ordinary for such order under rule 16.5 (service where address of person is not known) as he thinks fit.

• (3) A warrant granted under paragraph (1) or (2)(a) shall be sufficient authority for such service and intimation.

Execution of service or intimation of simplified dissolution application

49.80E

• (1) Subject to the following paragraphs, service or intimation of a simplified dissolution application on a warrant granted under rule 49.80D on any person whose address is known to the applicant shall be made—

• (a) by the Deputy Principal Clerk by post in accordance with rule 16.4 (service by post); or

• (b) by a messenger-at-arms.

• (2) In the application of Part I of Chapter 16 (service and intimations) to service and intimation under this rule, the following provisions of that Part of that Chapter shall not apply:–

• rule 16.1(3) (which relates to party lodging a certificate of service in process),

• rule 16.3(1)(b) (form of citation and certificate of service by messenger-at-arms),

• rule 16.4(2)(b) (service by post by agent),

• rule 16.4(4) (form of citation in service by post).

• (3) In the case of service of a simplified dissolution application on the other party to the civil partnership under paragraph (1), the person executing service shall complete a citation in Form 49.80E–A (no cohabitation for one year with consent to divorce), Form 49.80E–B (no cohabitation for two years), or Form 49.80E–C (interim gender recognition certificate) as the case may be.

• (4) In the case of intimation of a simplified dissolution application on a person under paragraph (1) the person giving intimation shall complete a notice of intimation in Form 49.80E–D.

• (5) A certificate of service or intimation in Form 49.80E–E (certificate by Deputy Principal Clerk) or Form 49.80E–F (certificate by messenger-at-arms), as the case may be, shall be–

• (a) completed by the person executing service or giving intimation;

• (b) in the case of a certificate completed by a messenger-at-arms, sent to the Deputy Principal Clerk; and

• (c) attached to the application by the Deputy Principal Clerk.

Opposition to simplified dissolution application

49.80F

• (1) Any person on whom service or intimation of a simplified dissolution application has been made may give notice by letter sent to the Deputy Principal Clerk within the period of notice that he challenges the jurisdiction of the court or opposes the grant of the decree of dissolution and giving the reasons for his opposition to the application.

• (2) Where opposition to a simplified dissolution application is made under paragraph (1), the court shall dismiss the application unless it is satisfied that the reasons given for the opposition are frivolous.

• (3) The Deputy Principal Clerk shall give written intimation of the decision under paragraph (2) to the applicant and the respondent.

• (4) The sending of a letter under paragraph (1) shall not imply acceptance of jurisdiction of the court.

Evidence in simplified dissolution applications

49.80G

• (1) Parole evidence shall not be given in a simplified dissolution application.

• (2) Rule 36.8 (conditions for receiving certain written statements in evidence) shall not apply in a simplified dissolution application.

No reclaiming in simplified dissolution applications

49.80H

A decree pronounced in a simplified dissolution application may not be reclaimed against.

Applications after decree in simplified dissolution applications

49.80I

• (1) Any application to the court after decree of dissolution has been granted in a simplifed dissolution application which could not have been made if it had been an action of dissolution of a civil partnership shall be made by minute.

• (2) On lodging a minute under paragraph (1), the minuter shall lodge a process.

Cancellation of registration or variation of property under the Overseas Forfeiture Order of 2005 or the POCA Order of 2005

62.54A

• (1) An application under article 16(3) of the Overseas Forfeiture Order of 2005 (application for cancellation of registration or variation of property) or article 69(3) of the POCA Order of 2005 (application for cancellation of registration or variation of property) shall be made–

• (a) by the Lord Advocate, by motion; or

• (b) by any other interested party, by note.

• (2) There shall be produced with an application under paragraph (1), a certified copy of any order which modifies or revokes the registered order or which causes the registered order to cease to have effect.

• (3) The court shall, on pronouncing an interlocutor granting an application under paragraph (1), grant warrant for the registration of a certified copy of the interlocutor in the register of judgments of the Books of Council and Session.

• (4) Where the court pronounces an interlocutor granting an application under paragraph (1), the Deputy Principal Clerk shall cancel or, as the case may be, vary the registration in the register kept under rule 62.50(1) in accordance with that interlocutor.

Registration under the POCA Order in Council of 2005: further provision

62.54B

• (1) Rule 62.2 (certificate of currency conversion) shall not apply to an application under article 66(1) of the POCA Order of 2005 (application to give effect to external orders).

• (2) An application under article 72(4) (payment within a specified period) or article 72(6) (extension of specified period) of the POCA Order of 2005 shall be made by motion in the process relating to the granting of the application under article 66(1) of the POCA Order of 2005.

• (3) The Deputy Principal Clerk shall send to the sheriff clerk appointed under article 69(1)(c) of the POCA Order of 2005 a certified copy of the interlocutor granting warrant for registration under rule 62.49 and of any subsequent interlocutor granting an application under–

• (a) rule 62.54A(1) (application for cancellation of registration or variation of property);

• (b) paragraph (3) of this rule (payment within specified period and extension of specified period);

• (c) rule 76.28(1)(i) (enforcement administrators); or

• (d) rule 76.28(3)(i) (recall and variation of order appointing administrator),

in respect of the registered order.

Interpretation and application of this Part

Restraint and administration orders

Documents for Accountant of Court

Procedure for fixing and finding caution

Time for finding caution

Administrator’s title to act

Accounts

Application for discharge of administrator

Appeals against determination of outlays and remuneration

Intimation of final interlocutor

41.3B

The Deputy Principal Clerk shall send to the tribunal a copy of the final interlocutor in an appeal.

Executors of underwriting members of Lloyd’s of London

63.6A

• (1) This rule applies to a petition under this Part for directions as to the distribution of, or the administration of any trust relating to, the estate of a deceased underwriting member of Lloyd’s of London, where–

• (a) all liabilities of the estate in respect of syndicates of which the deceased was a member have been reinsured (whether directly or indirectly) or are otherwise the subject of indemnity; and

• (b) the only reason for the executor delaying distribution of the estate is the possibility of personal liability to creditors of Lloyd’s of London.

• (2) The petition shall–

• (a) state that this rule applies; and

• (b) contain averments as to the matters mentioned in paragraph (1).

• (3) There shall be lodged with the petition all affidavits and other documents available to the petitioner in respect of the matters mentioned in paragraph (1).

• (4) If, on the expiry of the period of notice, no answers have been lodged–

• (a) the petitioner shall apply by motion for a remit to a reporter approved by the court for that purpose; and

• (b) where a report has been lodged in process by the reporter, the petitioner may apply by motion for an order granting the prayer of the petition.

• (5) Where answers have been lodged–

• (a) the parties may adjust the petition and answers within 28 days after the date on which the answers were lodged (“the adjustment period”) and shall intimate such adjustments to one another;

• (b) within 14 days after the expiry of the adjustment period, the petitioner shall apply by motion for such further procedure as may be specified in the motion.

• (6) Where the petitioner fails to comply with the requirements of paragraph (5), a respondent may apply by motion for decree of dismissal.

Time and date of lodging in administration , energy administration or postal administration

Applications during an administration or energy administration

Replacement liquidators

74.32A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for transfer of case involving parental responsibilities to foreign court

Placement of child in another Member State

88.7

• (1) Where the court requires to obtain the consent of a competent authority in another Member State to the placement of a child under Article 56 of the Council Regulation it shall send a request in Form 88.7 and any other documents it considers to be relevant to the Scottish central authority for transmission to the central authority in the other Member State.

• (2) In this rule “central authority” means an authority designated under Article 53 of the Council Regulation.

Application and interpretation of this Part

62.90

–

• (1) This Part applies to applications under the Model Law and applications under the Scottish Provisions.

• (2) In this Part—

• “application for an interim remedy” means an application under article 19 of the ModelLaw for an interim remedy by a foreign representative;

• “former representative” means a foreign representative who has died or who for any other reason has ceased to be the foreign representative in the foreign proceeding in relation to the debtor;

• “main proceeding” means proceedings opened in accordance with Article 3(1) of the EC Insolvency Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the EC Insolvency Regulation;

• “the Model Law” means the UNCITRAL Model Law on Cross-Border Insolvency as set out in Schedule 1 to the Cross-Border Insolvency Regulations 2006;

• “modification or termination order” means an order by the court pursuant to its powers under the Model Law modifying or terminating recognition of a foreign proceeding, the restraint, sist and suspension referred to in article 20(1) of the Model Law or any part of it or any remedy granted under article 19 or 21 of the Model Law;

• “recognition application” means an application by a foreign representative in accordance with article 15 of the Model Law for an order recognising the foreign proceeding in which he has been appointed;

• “recognition order” means an order by the court recognising a proceeding as a foreign main proceeding or a foreign non-main proceeding, as appropriate;

• “review application” means an application to the court for a modification or termination order;

• “the Scottish Provisions” are the provisions of Schedule 3 to the Cross-Border Insolvency Regulations 2006; and

words and phrases defined in the Model Law have the same meaning when used in this Part.

• (3) References in this Part to a debtor who is of interest to the Financial Conduct Authority or the Prudential Regulation Authority are references to a debtor who—

• (a) is, or has been, an authorised person within the meaning of section 31 of the Financial Services and Markets Act 2000 (authorised persons);

• (b) is, or has been, an appointed representative within the meaning of section 39 (exemption of appointed representatives) of that Act; or

• (c) is carrying on, or has carried on, a regulated activity in contravention of the general prohibition.

• (4) In paragraph (3) “the general prohibition” has the meaning given by section 19 of the Financial Services and Markets Act 2000 and the reference to “regulated activity” shall be construed in accordance with—

• (a) section 22 of that Act (classes of regulated activity and categories of investment);

• (b) any relevant order under that section; and

• (c) Schedule 2 to that Act (regulated activities).

General

62.91

–

• (1) Rule 62.1 (disapplication of certain rules to Chapter 62) shall not apply to an application to which this Part relates.

• (2) Unless otherwise specified in this Part, an application under the Model Law or the Scottish Provisions shall be made by petition.

• (3) For the purposes of the application of rule 14.5(1) (first order for intimation, service and advertisement) to a petition under this Part, where necessary, the petitioner shall seek an order for service of the petition on:—

• (a) the foreign representative;

• (b) the debtor;

• (c) any British insolvency officeholder acting in relation to the debtor;

• (d) any person appointed an administrative receiver of the debtor or as a receiver or manager of the property of the debtor in Scotland;

• (e) any member State insolvency practitioner who has been appointed in main proceedings in relation to the debtor;

• (f) any foreign representative who has been appointed in any other foreign proceeding regarding the debtor;

• (g) if there is pending in Scotland a petition for the winding up or sequestration of the debtor, the petitioner in those proceedings;

• (h) any person who is or may be entitled to appoint an administrator of the debtor under paragraph 14 of Schedule B1 to the Insolvency Act 1986( (appointment of administrator by holder of qualifying floating charge); and

• (i) the Financial Conduct Authority or the Prudential Regulation Authority if the debtor is a debtor who is of interest to that Authority.

• (4) On the making of—

• (a) a recognition order;

• (b) an order granting an interim remedy under article 19 of the Model Law;

• (c) an order granting a remedy under article 21 of the Model Law;

• (d) an order confirming the status of a replacement foreign representative; or

• (e) a modification or termination order,

the Deputy Principal Clerk shall send a certified copy of the interlocutor to the foreign representative.

Recognition application

62.92

–

• (1) A petition containing a recognition application shall include averments as to—

• (a) the name of the applicant and his address for service in Scotland;

• (b) the name of the debtor in respect of which the foreign proceeding is taking place;

• (c) the name or names in which the debtor carries on business in the country where the foreign proceeding is taking place and in this country, if other than the name given under sub-paragraph (b);

• (d) the principal or last known place of business of the debtor in Great Britain (if any) and, in the case of an individual, his last known place of residence in Great Britain, (if any);

• (e) any registered number allocated to the debtor under the Companies Act 2006;

• (f) the foreign proceeding in respect of which recognition is applied for, including the country in which it is taking place and the nature of the proceeding;

• (g) whether the foreign proceeding is a proceeding within the meaning of article 2(i) of the Model Law;

• (h) whether the applicant is a foreign representative within the meaning of article 2(j) of the Model Law;

• (i) the address of the debtor’s centre of main interests and, if different, the address of its registered office or habitual residence as appropriate;

• (j) if the debtor does not have its centre of main interests in the country where the foreign proceeding is taking place, whether the debtor has an establishment within the meaning of article 2(e) of the Model Law in that country, and if so, its address.

• (3) There shall be lodged with the petition—

• (a) an affidavit sworn by the foreign representative as to the matters averred under paragraph (2);

• (b) the evidence and statement required under article 15(2) and (3) respectively of the Model Law;

• (c) any other evidence which in the opinion of the applicant will assist the court in deciding whether the proceeding in respect of which the application is made is a foreign proceeding within the meaning of article 2(i) of the Model Law and whether the applicant is a foreign representative within the meaning of article 2(j) of the Model Law; and

• (d) evidence that the debtor has its centre of main interests or an establishment, as the case may be, within the country where the foreign proceeding is taking place.

• (4) The affidavit to be lodged under paragraph (3)(a) shall state whether, in the opinion of the applicant, the EC Insolvency Regulation applies to any of the proceedings identified in accordance with article 15(3) of the Model Law and, if so, whether those proceedings are main proceedings, secondary proceedings or territorial proceedings.

• (5) Any subsequent information required to be given to the court by the foreign representative under article 18 of the Model Law shall be given by amendment of the petition.

Application for interim remedy

62.93

–

• (1) An application for an interim remedy shall be made by note in process.

• (2) There shall be lodged with the note an affidavit sworn by the foreign representative stating—

• (a) the grounds on which it is proposed that the interim remedy applied for should be granted;

• (b) the details of any proceeding under British insolvency law taking place in relation to the debtor;

• (c) whether to the foreign representative's knowledge, an administrative receiver or receiver or manager of the debtor's property is acting in relation to the debtor;

• (d) an estimate of the assets of the debtor in Scotland in respect of which the remedy is applied for;

• (e) all other matters that would in the opinion of the foreign representative assist the court in deciding whether or not to grant the remedy applied for, including whether, to the best of the knowledge and belief of the foreign representative, the interests of the debtor's creditors (including any secured creditors or parties to hire-purchase agreements) and any other interested parties, including if appropriate the debtor, are adequately protected; and

• (f) whether to the best of the foreign representative's knowledge and belief, the grant of any of the remedy applied for would interfere with the administration of the foreign main proceeding.

Application for remedy

62.94

• (1) An application under article 21 of the Model Law for a remedy shall be made by note in process.

• (2) There shall be lodged with the note an affidavit sworn by the foreign representative stating—

• (a) the grounds on which it is proposed that the remedy applied for should be granted;

• (b) an estimate of the value of the assets of the debtor in Scotland in respect of which the remedy is requested;

• (c) in the case of an application by a foreign representative who is or believes that he is a representative of a foreign non-main proceeding, the reasons why the applicant believes that the remedy relates to assets that, under the law of Great Britain, should be administered in the foreign non-main proceeding or concerns information required in that proceeding; and

• (d) all other matters that would in the opinion of the foreign representative assist the court in deciding whether or not it is appropriate to grant the remedy requested, including whether, to the best of the knowledge and belief of the foreign representative, the interests of the debtor's creditors (including any secured creditors or parties to hire-purchase agreements) and any other interested parties, including if appropriate the debtor, are adequately protected.

Application for confirmation of status of replacement foreign representative

62.95

–

• (1) An application under paragraph 2(3) of the Scottish Provisions for an order confirming the status of a replacement foreign representative shall be made by note in process.

• (2) The note shall include averments as to—

• (a) the name of the replacement foreign representative and his address for service within Scotland;

• (b) the circumstances in which the former foreign representative ceased to be foreign representative in the foreign proceeding in relation to the debtor (including the date on which he ceased to be the foreign representative);

• (c) his own appointment as replacement foreign representative in the foreign proceeding (including the date of that appointment).

• (3) There shall be lodged with the note—

• (a) an affidavit sworn by the foreign representative as to the matters averred under paragraph (2);

• (b) a certificate from the foreign court affirming—

• (i) the cessation of the appointment of the former foreign representative as foreign representative, and

• (ii) the appointment of the applicant as the foreign representative in the foreign proceeding, or

• (c) in the absence of such a certificate, any other evidence acceptable to the court of the matters referred to in sub-paragraph (a).

Review application

62.96

• (1) A review application shall be made by note in process.

• (2) There shall be lodged with the note an affidavit sworn by the applicant as to—

• (a) the grounds on which it is proposed that the remedy applied for should be granted; and

• (b) all other matters that would in the opinion of the applicant assist the court in deciding whether or not it is appropriate to grant the remedy requested, including whether, to the best of the knowledge and belief of the applicant, the interests of the debtor's creditors (including any secured creditors or parties to hire-purchase agreements) and any other interested parties, including if appropriate the debtor, are adequately protected.

Applications for postponement of decree under section 3A of the Act of 1976

49.27C

An application under section 3A(1) (application for postponement of decree where ... impediment to religious marriage exists) or section 3A(4) (application for recall of postponement) of the Act of 1976 shall be made by minute in the process of the action to which the application relates.

49.90

–

• (1) The applicant for an order under section 29(2) of the Act of 2006 (application by survivor for provision on intestacy) shall call the deceased’s executor as a defender.

• (2) An application under section 29(9) of the Act of 2006 for variation of the date or method of payment of the capital sum shall be made by minute in the process of the action to which the application relates.

• (3) Words and expressions used in this Part shall have the same meaning as in section 29 of the Act of 2006.

Special representatives: further provisions

89.6A

• (1) A special representative upon whom relevant material has been served under rule 89.7(5)(a) shall not communicate about the proceedings or any matter connected with the proceedings except in accordance with this rule or with the authority of the court.

• (2) The special representative may, without the authority of the court, communicate about the proceedings with–

• (a) the court;

• (b) the Secretary of State, or any person acting for him;

• (c) the Advocate General, or any person acting for him;

• (d) any other person, except for the relevant party or his legal representative, with whom it is necessary for administrative purposes for him to communicate about matters not connected with the substance of the proceedings.

• (3) The special representative may apply by motion for authority to communicate with the relevant party or his legal representative or with any other person about the proceedings or a matter connected to the proceedings.

• (4) A notice of opposition to a motion under paragraph (3) shall be intimated to the special representative and the relevant party.

• (5) The relevant party shall not communicate with a special representative upon whom relevant material has been served under rule 89.7(5) other than through a legal representative in writing.

• (6) The special representative may, without the authority of the court, send a written acknowledgement of receipt of a communication under paragraph (5).

Permission not to disclose relevant material etc.

Applications for permission not to disclose relevant material: further provisions

Anonymity

Exclusion from diets or hearings etc.

Recording of control order proceedings

Chapter 93 — LIVE LINKS

Application for live link

93.1

• (1) On cause shown, a party may apply by motion for authority for the whole or part of–

• (a) the evidence of a witness or the party to be given; or

• (b) a submission to be made,

through a live link.

• (2) in paragraph (1)–

• “witness” means a person who has been or may be cited to appear before the court as a witness;

• “submission” means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of a motion;

• “live link” means a live television link or such other arrangement as may be specified in the motion by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom.

Death of party: further provisions

31.3

• (1) Subject to rule 43.20 (Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007), as soon as reasonably practicable after the death of a party, any agent who immediately prior to the death was instructed in a cause by that party shall notify the court of the death.

• (2) The notification under paragraph (1) shall be by letter to the Deputy Principal Clerk and shall be accompanied by a certified copy of the death certificate relative to the deceased party.

• (3) The letter shall include an estimate of the length of time required for confirmation to the deceased party’s estate by an executor.

• (4) On receipt of the letter, the Deputy Principal Clerk shall place it in the process and shall place the cause before a Lord Ordinary in chambers.

• (5) The Lord Ordinary may, if satisfied that the party has died and after considering the estimate provided under paragraph (3), pronounce a sist in the cause for a specified period of not less than three months.

• (6) A party may apply by motion for–

• (a) recall of a sist pronounced under paragraph (5); or

• (b) variation of the specified period referred to in paragraph (5).

• (7) A motion under paragraph (6)(b) shall be granted only on cause shown.

• (8) On pronouncing a sist under paragraph (5); recalling a sist under paragraph (6)(a); or, varying a specified period under paragraph (6)(b), the Lord Ordinary may make such order as regards further procedure as he thinks fit including, in the case of a personal injuries action, such variation of the timetable issued under rule 43.6 as he thinks fit.

• (9) Any personal injuries action in which a sist has been pronounced under paragraph (5) and the period of sist has expired may be put out by order by the Keeper of the Rolls.

• (10) In this rule, “personal injuries action” has the same meaning as in rule 43.1(2).

Continuing application or appeal otherwise treated as abandoned

41.52C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Actions based on clinical negligence

43.1A

• (1) This rule applies to a personal injuries action based on alleged clinical negligence.

• (2) Where a pursuer intends to make an application under paragraph (3) to raise the action as an ordinary action, the pursuer must—

• (a) present the summons for signeting in Form 13.2–A (form of summons and backing);

• (b) include in the summons a draft interlocutor in Form 43.1A (form of draft interlocutor granting authority to raise action based on clinical negligence as an ordinary action).

• (3) At the same time as a summons which includes a draft interlocutor in Form43.1A is presented for signeting, the pursuer must apply by motion for authority to raise the action as an ordinary action.

• (4) On the making of a motion under paragraph(3), the summons will be placed before a LordOrdinary in chambers and in the absence of the parties for consideration.

• (5) On consideration of the summons, the LordOrdinary may—

• (a) after considering the likely complexity of the action and being satisfied that the efficient determination of the action would be served by doing so, grant authority for the cause to proceed as an ordinary action by signing the draft interlocutor in the summons; or

• (b) fix a hearing;

• (6) The Keeper of the Rolls must notify the parties of the date and time of any hearing under paragraph (5)(b).

• (7) At a hearing under paragraph (5)(b), the LordOrdinary may—

• (a) refuse the application; or

• (b) after considering the likely complexity of the action and being satisfied that the efficient determination of the action would be served by doing so, grant authority for the cause to proceed as an ordinary action by signing the draft interlocutor in the summons.

• (8) Where the Lord Ordinary grants an application under paragraph (3) in respect of a summons—

• (a) this Chapter does not apply to a cause commenced by that summons; but

• (b) the following rules apply despite subparagraph (a)—

• (i) rule 43.11 (applications for interim payments of damages);

• (ii) rule 43.12 (adjustment on final decree);

• (iii) rule 43.13 (applications for further damages).

• (9) In this rule—

• “clinical negligence” means a breach of duty of care by a health care professional in connection with that person’s diagnosis or the care and treatment of any person, by act or omission, while the health care professional was acting in a professional capacity; and

• “health care professional” includes—a registered medical practitioner;a registered nurse; orany other member of a profession regulated by a body mentioned in section 25(3) (the Professional Standards Authority for Health and Social Care) of the National Health Service Reform and Health Care Professions Act 2002.

Form of summons

Service and calling of summons

Inspection and recovery of documents

Motions to dispense with timetable

Allocation of diets and timetables

Hearings on the By Order roll

Applications for sist or for variation of timetable order

Statements of valuation of claim

Pre-trial meetings

Applications for interim payments of damages

Adjustment on final decree

Applications for further damages

Actions by connected persons

Warrants for intimation in actions by connected persons

Applications to dispense with intimation in actions by connected persons

Subsequent disclosure of connected persons

Connected persons entering the process

Failure by connected person to enter process

Mesothelioma actions: special provisions

25A.5A

—Where, after determination at first instance of any proceedings in which a devolution issue has been raised, a party to those proceedings–

• (a) marks a reclaiming motion under rule 38.6; or

• (b) makes an application to the nobile officium of the court under rule 14.3,

that party shall, unless the relevant authority is already party to the proceedings, at the same time intimate the motion to, or seek leave to serve the petition on, the relevant authority together with a notice in Form 25A.5A

Response to intimation

Reference of devolution issue to Inner House

Reference of devolution issue to Judicial Committee

Sist of cause on reference to Judicial Committee

Transmission of reference

Appeals to the Judicial Committee

Orders mitigating the effect of certain decisions

Application of the Council Regulation

CHAPTER 94 — INTERVENTIONS BY THE COMMISSION FOR EQUALITY AND HUMAN RIGHTS

Interpretation

94.1

In this Chapter, “the CEHR” means the Commission for Equality and Human Rights.

Intervention by the CEHR in proceedings

94.2

• (1) The CEHR may apply to the court for leave to intervene in proceedings in accordance with this Chapter.

• (2) An application under paragraph (1) above may be made in relation to any proceedings (including deciding whether to grant permission for a petition to proceed under section 27B(1) of the Act of 1988 (judicial review: requirement for permission), a petition for judicial review or an appeal in connection with such a petition).

• (3) This Chapter is without prejudice to–

• (a) rule 58.14 (additional parties); and

• (b) any other entitlement of the CEHR, by virtue of having title and interest in relation to the subject matter of any proceedings by virtue of section 30(2) of the Equality Act 2006 or any other enactment, to seek to be sisted as a party in those proceedings.

• (4) Nothing in this Chapter shall affect the power of the court to make such other direction as it considers appropriate in the interests of justice.

• (5) Any decision of the court in proceedings under this Chapter shall be final and not subject to review.

Application to intervene

94.3

• (1) An application for leave to intervene shall be by way of a minute of intervention in Form 94.3, and the CEHR shall–

• (a) send a copy of it to all the parties; and

• (b) lodge it in process, certifying that sub paragraph (a) above has been complied with.

• (2) A minute of intervention shall set out briefly–

• (a) the CEHR’s reasons for believing that the proceedings are relevant to a matter in connection with which the CEHR has a function;

• (b) the issue in the proceedings which the CEHR wishes to address; and

• (c) the propositions to be advanced by the CEHR and the CEHR’s reasons for believing that they are relevant to the proceedings and that they will assist the court.

• (3) The court may–

• (a) refuse leave without a hearing;

• (b) grant leave without a hearing unless a hearing is requested under paragraph (4) below; or

• (c) refuse or grant leave after such a hearing.

• (4) A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (5)(c) below, may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.

• (5) Any diet in pursuance of paragraph (4) shall be fixed by the Keeper of the Rolls who shall give written intimation of the diet to the CEHR and all the parties.

• (6) The court may grant leave only if satisfied that–

• (a) the proceedings are relevant to a matter in connection with which the CEHR has a function;

• (b) the propositions to be advanced by the CEHR are relevant to the proceedings and are likely to assist the court; and

• (c) the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.

• (7) In granting leave, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

• (8) The clerk of court shall give written intimation of a grant or refusal of leave to the CEHR and all the parties.

Form of intervention

94.4

• (1) An intervention shall be by way of a written submission which (including any appendices) does not exceed 5000 words.

• (2) The CEHR shall lodge the submission and send a copy of it to all the parties by such time as the court may direct.

• (3) The court may in exceptional circumstances–

• (a) allow a longer written submission to be made;

• (b) direct that an oral submission is to be made.

• (4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the Keeper of the Rolls who shall give written intimation of the diet to the CEHR and all the parties.

CHAPTER 35A — VULNERABLE WITNESSES (SCOTLAND) ACT 2004

Interpretation

35A.1

In this Chapter–

• “the Act of 2004” means the Vulnerable Witness (Scotland) Act 2004;

• “child witness notice” has the meaning given in section 12(2) of the Act of 2004;

• “review application” means an application for review of arrangements for vulnerable witnesses pursuant to section 13 of the Act of 2004;

• “vulnerable witness application” has the meaning given in section 12(6) of the Act of 2004.

Child Witness Notice

35A.2

A child witness notice lodged in accordance with section 12(2) of the Act of 2004 shall be in Form 35A.2.

Vulnerable Witness Application

35A.3

A vulnerable witness application lodged in accordance with section 12(6) of the Act of 2004 shall be in Form 35A.3.

Intimation

35A.4

• (1) The party lodging a child witness notice or vulnerable witness application shall intimate a copy of the child witness notice or vulnerable witness application to all the other parties to the proceedings and complete a certificate of intimation.

• (2) A certificate of intimation referred to in paragraph (1) shall be in Form 35A.4 and shall be lodged with the child witness notice or vulnerable witness application.

Procedure on lodging child witness notice or vulnerable witness application

35A.5

• (1) On receipt of a child witness notice or vulnerable witness application, the Lord Ordinary may–

• (a) make an order under section 12(1) or (6) of the Act of 2004 without holding a hearing;

• (b) require further information from any of the parties before making any further order;

• (c) fix a date for a hearing of the child witness notice or vulnerable witness application.

• (2) The Lord Ordinary may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the child or vulnerable witness is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

• (3) An order fixing a hearing for a child witness notice or vulnerable witness application shall be intimated by the Deputy Principal Clerk–

• (a) on the day the order is made; and

• (b) in such manner as may be prescribed by the Lord Ordinary,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

Review of arrangements for vulnerable witnesses

35A.6

• (1) A review application shall be in Form 35A.6.

• (2) Where the review application is made orally, the Lord Ordinary may dispense with the requirements of paragraph (1).

Intimation of review application

35A.7

• (1) Where a review application is lodged, the applicant shall intimate a copy of the review application to all other parties to the proceedings and complete a certificate of intimation.

• (2) A certificate of intimation referred to in paragraph (1) shall be in Form 35A.7 and shall be lodged together with the review application.

Procedure on lodging a review application

35A.8

• (1) On receipt of a review application, a Lord Ordinary may–

• (a) if he is satisfied that he may properly do so, make an order under section 13(2) of the Act of 2004 without holding a hearing or, if he is not so satisfied, make such an order after giving the parties an opportunity to be heard;

• (b) require of any of the parties further information before making any further order;

• (c) fix a date for a hearing of the review application.

• (2) The Lord Ordinary may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the child or vulnerable witness is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.

• (3) An order fixing a hearing for a review application shall be intimated by the Deputy Principal Clerk–

• (a) on the day the order is made; and

• (b) in such manner as may be prescribed by the Lord Ordinary,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

Determination of special measures

35A.9

When making an order under section 12(1) or (6) or 13(2) of the Act of 2004 a Lord Ordinary may, in light thereof, make such further orders as he deems appropriate in all the circumstances.

Intimation of an order under section 12(1) or (6) or 13(2)

35A.10

An order under section 12(1) or (6) or 13(2) of the Act of 2004 shall be intimated by the Deputy Principal Clerk–

• (a) on the day the order is made; and

• (b) in such manner as may be prescribed by the Lord Ordinary,

to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.

Taking of evidence by commissioner

35A.11

• (1) An interlocutor authorising the special measure of taking evidence by a commissioner shall be sufficient authority for the citing the vulnerable witness to appear before the commissioner.

• (2) A vulnerable witness shall be cited to give evidence at a commission by service on him of a citation in Form 35.11-A–

• (a) by registered post or the first class recorded delivery service; or

• (b) personally, by a messenger-at-arms.

• (3) The certificate of citation of a witness–

• (a) under paragraph 2(a) shall be in Form 35.11-B; and

• (b) under paragraph 2(b) shall be in Form 35.11-C.

• (4) The agent for a party, or a party litigant, as the case may be, shall be personally liable in the first instance for the fees and expenses of a witness cited to appear at a commission for that party.

• (5) At the commission the commissioner shall–

• (a) administer the oath de fideli administratione to the clerk appointed for the commission; and

• (b) administer to the witness the oath in Form 35.4-D, or where the witness elects to affirm, the affirmation in Form 35.4-E.

• (3) Where a commission is granted as a special measure, the court may, on the motion of any party and on cause shown, dispense with interrogatories.

Commission on interrogatories

35A.12

• (1) Where interrogatories have not been dispensed with, the party citing or intending to cite the vulnerable witness shall lodge draft interrogatories to be adjusted at the sight of the clerk of court.

• (2) Any other party may lodge cross-interrogatories to be adjusted at the sight of the clerk of court.

• (3) The interrogatories and cross-interrogatories, when adjusted, shall be extended and returned to the clerk of court for approval.

• (4) The party who cited the vulnerable witness shall–

• (a) provide the commissioner with a copy of the pleadings (including any adjustments and amendments), the approved interrogatories and any cross-interrogatories and a certified copy of the interlocutor of his appointment;

• (b) instruct the clerk; and

• (c) be responsible in the first instance for the fee of the commissioner and his clerk.

• (5) The commissioner shall, in consultation with the parties, fix a diet for the execution of the commission to examine the witness.

Commission without interrogatories

35A.13

• (1) Where interrogatories have been dispensed with, the party citing or intending to cite the vulnerable witness shall–

• (a) provide the commissioner with a copy of the pleadings (including any adjustments and amendments) and a certified copy of the interlocutor of his appointment;

• (b) fix a diet for the execution of the commission in consultation with the commissioner and every other party;

• (c) instruct the clerk; and

• (d) be responsible in the first instance for the fees of the commissioner and his clerk.

• (2) All parties shall be entitled to be represented by counsel or other person having a right of audience, or agent, at the execution of the commission.

Lodging of video record and documents

35A.14

• (1) Where evidence is taken on commission pursuant to an order made under section 12(1) or (6) or 13(2) of the Act of 2004 the commissioner shall lodge the video record of the commission and relevant documents with the Deputy Principal Clerk.

• (2) Not later than the day after the date on which the video record and any documents are received by the Deputy Principal Clerk, he shall–

• (a) note–

• (i) the documents lodged;

• (ii) by whom they were lodged; and

• (iii) the date on which they were lodged, and

• (b) give written intimation of what he has noted to all parties concerned.

Custody of video record and documents

35A.15

• (1) The video record and documents referred to in rule 35A.14 shall, subject to paragraph (2), be kept in the custody of the Deputy Principal Clerk.

• (2) Where the video record of the evidence of a witness is in the custody of the Deputy Principal Clerk under this rule and where intimation has been given to that effect under rule 35A.14(2), the name and address of that witness and the record of his evidence shall be treated as being in the knowledge of the parties; and no party shall be required, notwithstanding any enactment to the contrary–

• (a) to include the name of that witness in any list of witnesses; or

• (b) to include the record of his evidence in any list of productions.

Application for leave for party to be present at the commission

35A.16

An application for leave for a party to be present in the room where the commission proceedings are taking place shall be by motion.

CHAPTER 14A — INTERIM DILIGENCE

Interpretation

14A.1

In this Chapter–

• “the 1987 Act” means the Debtors (Scotland) Act 1987; and

• “the 2002 Act” means the Debt Arrangement and Attachment (Scotland) Act 2002.

Application for interim diligence

14A.2

• (1) The following shall be made by motion–

• (a) an application under section 15D(1) of the 1987 Act for warrant for diligence by arrestment or inhibition on dependence of an action or petition or warrant for arrestment on the dependence of an admiralty action;

• (b) an application under section 9C of the 2002 Act for interim attachment.

• (2) Such an application must be accompanied by a statement in Form 14A.2.

• (3) A certified copy of an interlocutor granting a motion under paragraph (1) shall be sufficient authority for execution of the diligence concerned.

Effect of authority for inhibition on the dependence

14A.3

• (1) Where a person has been granted authority for inhibition on the dependence of an action or petition, a certified copy of the interlocutor granting the motion may be registered with a certificate of execution in the Register of Inhibitions and Adjudications.

• (2) A notice of a certified copy of an interlocutor granting authority for inhibition under rule 14A.2 may be registered in the Register of Inhibitions and Adjudications; and such registration is to have the same effect as registration of a notice of inhibition under section 155(2) of the Titles to Land Consolidation (Scotland) Act 1868.

Recall etc of arrestment or inhibition

14A.4

• (1) An application by any person having an interest–

• (a) to loose, restrict, vary or recall an arrestment or an interim attachment; or

• (b) to recall, in whole or in part, or vary, an inhibition,

shall be made by motion.

• (1A) A motion under paragraph (1) shall—

• (a) specify the name and address of each of the parties;

• (b) where it relates to an inhibition, contain a description of the inhibition including the date of registration in the Register of Inhibitions and Adjudications.

• (2) Any person having an interest may apply by motion for a warrant authorising the movement of a vessel or cargo which is the subject of arrestment on the dependence, and paragraphs (2) and (3) of rule 13.11 (movement of arrested property) shall apply in such a case as they apply to the case of that rule.

Incidental applications in relation to interim diligence, etc

14A.5

An application to the Court under Part 1A of the 1987 Act or Part 1A of the 2002 Act not otherwise provided for shall be made by motion.

Applications for replacement of trustee under section 28A of the Act of 1985

Remit of application under section 63(1) of the 1985 Act

Register of insolvencies

CHAPTER 95 — SCOTTISH COMMISSION FOR HUMAN RIGHTS

Interpretation

95.1

In this Chapter–

• “the Act of 2006” means the Scottish Commission for Human Rights Act 2006; and

• “the SCHR” means the Scottish Commission for Human Rights.

Reports to the Court of Session under schedules 2 and 3 to the Act of 2006

95.2

A report to the court for the purposes of paragraph 4(3) of schedule 2, or paragraph 3(1) of schedule 3, to the Act of 2006, shall be made by petition.

Application to intervene

95.3

• (1) An application for leave to intervene under section 14(2)(a) of the Act of 2006 shall be by way of a minute of intervention in Form 95.3, and the SCHR shall –

• (a) send a copy of it to all the parties; and

• (b) lodge it in process, certifying that sub paragraph (a) above has been complied with.

• (2) In granting leave, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

• (3) Any decision of the court in proceedings under this Chapter shall be final and not subject to review.

• (4) The clerk of court shall give written intimation of a grant or refusal of leave to the SCHR and all the parties.

Invitation to intervene

95.4

• (1) An invitation to intervene under section 14(2)(b) of the Act of 2006 shall be in Form 95.4, and the clerk of court shall send a copy of it to the SCHR and all the parties.

• (2) An invitation under paragraph (2) shall be accompanied by–

• (a) a copy of the pleadings in the proceedings; and

• (b) such other documents relating to that proceedings as the court thinks relevant.

• (3) In issuing an invitation under section 14(2)(b) of the Act of 2006, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

Form of intervention

95.5

• (1) An intervention shall be by way of a written submission which (including any appendices) does not exceed 5000 words.

• (2) The SCHR shall lodge the submission and send a copy of it to all the parties by such time as the court may direct.

• (3) The court may in exceptional circumstances–

• (a) allow a longer written submission to be made;

• (b) direct that an oral submission is to be made.

• (4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the Keeper of the Rolls who shall give written intimation of the diet to the SCHR and all the parties.

Permission to appeal against decisions of the Upper Tribunal

41.59

• (1) An application shall be made in Form41.59.

• (2) That application shall—

• (a) specify the provision of the enactment under which the application is made;

• (b) specify—

• (i) the decision complained of;

• (ii) the date on which the decision was made;

• (iii) the date on which it was intimated to the applicant; and

• (iv) any other relevant information;

• (c) where the application concerns only part of the decision, specify or distinguish that part;

• (d) have appended to it a copy of the decision;

• (e) state, in brief numbered propositions—

• (i) the grounds on which the validity of the decision is questioned; and

• (ii) why the court should grant permission; and

• (f) set out in a schedule the names and addresses of the respondents in the application and the name and address, so far as known to the applicant, of any other person who may have an interest in the application.

• (3) The application shall be lodged in the General Department.

• (4) There shall be lodged within the application—

• (a) a process in accordance with rule 4.4 (steps of process);

• (b) all documents founded upon by the applicant so far as in the applicant’s possession or within the applicant’s control.

Mandatory transfer of applications to the Upper Tribunal

58.7A

Where an application to the supervisory jurisdiction of the court is presented to the Lord Ordinary under rule 58.7 and the conditions referred to in section 20(1)(a) of the Tribunals, Courts and Enforcement Act 2007 are met, the Lord Ordinary shall, instead of granting an order specifying a date for a first hearing, make an order transferring the application to the Upper Tribunal.

Compearing parties

Applications for public interest intervention

First hearing

Second hearing

Discretionary transfer of applications to the Upper Tribunal

58.11

• (1) When permission is granted, the Keeper of the Rolls must, in consultation with the Lord Ordinary, fix—

• (a) a date for the substantive hearing, which must be no later than 12 weeks from the date on which permission is granted, except where the Lord Ordinary is satisfied that a longer period is necessary; and

• (b) a date for the procedural hearing (unless the Lord Ordinary is satisfied that a procedural hearing is unnecessary), which must be no later than 6 weeks from the date on which permission is granted, except where the Lord Ordinary is satisfied that a longer period is necessary.

• (1A) Where all parties email the Keeper of the Rolls to confirm that they are ready to proceed to the substantive hearing at least 3 days before the procedural hearing, the Lord Ordinary may order the procedural hearing to be cancelled.

• (2) When permission is granted, the Lord Ordinary must make such orders for further procedure as are appropriate for the speedy determination of the petition and in particular may order—

• (a) service of the petition, answers and relevant documents, on a person not specified in the order made under rule 58.4;

• (b) service of the decision granting permission and the date of the hearing on a person specified in the order made under rule 58.4 who lodged answers;

• (c) service of the decision granting permission and the date of the hearing on a person specified in the order made under rule 58.4 who did not lodge answers but who did notify the court of an intention to contest the petition;

• (d) answers and any relevant documents to be lodged by a party who notified the court of an intention to contest the petition, within such period as may be specified;

• (e) adjustment of the pleadings within such period as may be specified;

• (f) relevant documents to be marked up to indicate the parts the party intends to rely on;

• (g) authorities to be lodged by a certain date, and to be marked up to indicate the parts the party intends to rely on;

• (h) notes of argument to be lodged by a certain date;

• (i) statements of issues to be lodged by a certain date;

• (j) facts founded on by a party at the hearing to be supported by evidence on affidavit to be lodged within such period as may be specified;

• (k) parties to write to the court to confirm whether they are ready to proceed to the substantive hearing by a certain date.

• (3) Except where the Lord Ordinary orders otherwise, any intimation, service and advertisement must be ordered to take place within 7 days of the date of the interlocutor.

Service under the EC Service Regulation

CHAPTER 21A — DISMISSAL OF A CLAIM DUE TO DELAY

21A.1

• (1) Any party to a claim may, while that claim is depending before the court, apply by minute for the court to dismiss the claim due to inordinate and inexcusable delay by another party or another party’s agent in progressing the claim, resulting in unfairness.

• (2) A minute under paragraph (1) shall–

• (a) include a statement of the grounds on which dismissal of the claim is sought; and

• (b) be lodged in the process of the action to which it relates.

• (3) On lodging a minute under paragraph (2)(b), the party seeking dismissal of the claim shall enrol a motion for–

• (a) intimation of the minute on any other parties to the claim; and

• (b) an order for answers to the minute to be lodged in process within the period of 21 days from the date of intimation.

• (4) On the expiry of the period referred to in paragraph (3)(b), the party seeking dismissal of the claim shall enrol a motion for further procedure.

• (5) In determining an application made under this rule, the court may dismiss the claim if it appears to the court that–

• (a) there has been an inordinate and inexcusable delay on the part of any party or any party’s agent in progressing the claim; and

• (b) such delay results in unfairness specific to the factual circumstances, including the procedural circumstances, of that claim.