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

Type Statutory-Instrument

Publication 1994-05-31

Last updated 2021-03-01

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Request to decline jurisdiction from a court in another Member State

88.6

Where an application under Article 15(2)(c) of the Council Regulation (application for transfer of case involving parental responsibilities to foreign court) is received the Deputy Principal Clerk shall—

(a) on receipt of the request and any accompanying documents, give written intimation of the application to each party to the action and to any Scottish agents identified in the application as being instructed to represent any of the parties; and

(b) within two sitting days of receipt of the application, cause it to be put out on the By Order Roll before the Lord Ordinary.

Chapter 89 — TERRORISM PREVENTION AND INVESTIGATION MEASURES

Interpretation and application of this Chapter

89.1

(1) In this Chapter—

“the Act of 2011” means the Terrorism Prevention and Investigation Measures Act 2011;

“Advocate General” means the Advocate General for Scotland;

“affected person” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice;

“appeal proceedings” means proceedings in the Inner House on an appeal relating to TPIM proceedings;

“legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the Act of 2011;

“measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the Act of 2011);

“relevant party” means any party to the TPIM proceedings or appeal proceedings other than the Secretary of State;

“special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the Act of 2011;

“TPIM notice” has the same meaning as in section 2(1) of the Act of 2011; and

“TPIM proceedings” has the same meaning as in section 30(1) of the Act of 2011.

(2) This Chapter applies to TPIM proceedings and appeal proceedings.

Control orders: petitions

89.2

(1) The following shall be made by lodging a petition with the Deputy Principal Clerk—

(a) an application made under section 6(1)(b) of the Act of 2011 for permission to impose measures on an individual;

(b) a reference under paragraph 3(1) of Schedule 2 to the Act of 2011.

(2) The following rules do not apply to the petition:—

rule 4.3 (lodging of processes),

rule 4.4 (steps of process),

rule 4.5(1)(b) (copy inventory of productions to be sent to other parties),

rule 4.6 (intimation of steps of process),

rule 4.11 (documents not to be borrowed),

rule 4.12 (borrowing and returning of documents),

rule 14.5 (first order in petitions),

rule 14.6 (period of notice for lodging answers),

rule 14.7 (intimation and service of petitions),

rule 14.8 (procedure where answers lodged),

rule 14.9 (unopposed petitions).

(3) Subject to rule 89.7 (permission not to disclose relevant material etc.), a petition referred to in paragraph (1)(a) shall include, in numbered paragraphs, statements of reasons—

(a) to support the application; and

(b) for imposing each of the measures under the proposed TPIM notice.

(4) Subject to rule 89.7, a petition referred to in paragraph (1)(b) shall include, in numbered paragraphs, statements of reasons—

(a) to support the making of the TPIM notice; and

(b) for imposing each of the measures contained in that notice.

(5) Subject to rule 89.7, the following documents shall be lodged with the petition—

(a) the productions of the Secretary of State;

(b) in the case of an application under section 6(1)(b) of the Act of 2011 for permission to impose measures on an individual, a draft of the proposed TPIM notice; and

Preliminary hearings and initial diets

89.3

(1) On receipt of a petition under rule 89.2 (TPIM notices and imposed measures: petitions), the Deputy Principal Clerk shall allocate an initial diet for the court’s consideration to begin.

(2) The Deputy Principal Clerk shall notify the date and time of an initial diet to the Secretary of State and, unless the Lord Ordinary orders otherwise, the affected person, any legal representative of the affected person and any special advocate.

(3) The affected person shall, not later than the date of the initial diet, lodge with the Deputy Principal Clerk and serve on the Secretary of State a copy of any answers and productions that are to be founded upon by the affected person at the initial diet.

(4) Where a special advocate is appointed for the purposes of the initial diet, he or she shall lodge with the Deputy Principal Clerk and serve on the Secretary of State a copy of any answers that are to be founded upon by the special advocate at the initial diet.

(5) At the initial diet, the parties present shall state their proposals for further procedure in respect of any directions hearing under section 8 of the Act of 2011 and any subsequent review hearing under section 9 of the Act of 2011.

(6) An interlocutor of the Lord Ordinary giving directions for a directions hearing under section 8 of the Act of 2011 shall include such order for further procedure as he or she thinks fit, subject to the requirements set out in section 8 of the Act of 2011.

(7) An interlocutor of the Lord Ordinary giving directions for a review hearing under section 9 of the Act of 2011 shall include such order for further procedure as he or she thinks fit, subject to the requirements set out in section 9 of the Act of 2011.

(8) Where an initial diet has been held in the absence of the affected person the Deputy Principal Clerk shall serve a copy of the interlocutor of the Lord Ordinary on that person.

Applications for renewal, revocation or modification of derogating control orders

89.4

(1) Subject to paragraphs (2) and (3) and to the modifications set out in rule 41.51 (application of Parts II and III to Part IX of Chapter 41), Part III of Chapter 41 (appeals in Form41.25) applies to appeals under section 16 of the Act of 2011.

(2) An appeal under section 16 of the Act of 2011 shall be lodged with the Deputy Principal Clerk and served on the Secretary of State within 28 days after the date on which the affected person received notice of—

(a) the decision by the Secretary of State to extend or revive a TPIM notice;

(b) the decision of the Secretary of State to vary measures specified in a TPIM notice without the consent of the affected person;

(d) the decision of the Secretary of State on an application for the revocation of the TPIM notice; or

(e) the decision of the Secretary of State on an application for permission for the purposes of measures specified in a TPIM notice.

(3) In a case where the Secretary of State has failed to determine an application for the revocation of the TPIM notice, for the variation of measures specified in such a notice, or for permission in connection with a measure specified in such a notice, any appeal under section 16 of the Act of 2011 shall be lodged—

(a) not earlier than 28 days; and

(b) not later than 42 days,

after the date on which the application was made.

Appeals relating to non-derogating orders

89.5

(1) Subject to paragraph (2), the Secretary of State shall give notice to the Advocate General, upon—

(a) making any application or reference under the Act of 2011;

(b) making any motion in respect of TPIM proceedings or appeal proceedings; or

(c) being served with a note of appeal, reclaiming motion or other application in respect of TPIM proceedings or appeal proceedings.

(2) Paragraph (1) applies unless—

(a) the Secretary of State does not intend to—

(i) oppose the appeal, reclaiming motion or other application; or

(ii) make an application under rule 89.7 (permission not to disclose relevant material etc.); or

(b) a special advocate has already been appointed to represent the interests of the affected person in the proceedings.

(3) Where notice is given to the Advocate General under paragraph (1), the Advocate General may appoint a special advocate to represent the interests of the affected person in the proceedings.

(4) Where there are any TPIM proceedings or appeal proceedings but no special advocate has been appointed, the affected person or the Secretary of State may at any time request the Advocate General to appoint a special advocate.

(5) On the appointment of any special advocate, the Advocate General shall intimate the name of the special advocate to the Deputy Principal Clerk in writing.

(6) The special advocate may address the court in any TPIM proceedings or appeal proceedings from which the affected person (and any legal representative of the affected person) is excluded.

Appointment of special representatives

89.6

(1) A special advocate upon whom material has been served under rule 89.7(7)(a) shall not communicate about the TPIM proceedings or appeal proceedings or any matter connected with such proceedings except in accordance with this rule or with the authority of the court.

(2) The special advocate may, without the authority of the court, communicate about the TPIM proceedings or appeal proceedings with—

(a) the court;

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

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

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

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

(5) The relevant party shall not communicate with a special advocate upon whom material has been served under rule 89.7(7) other than through a legal representative in writing.

(6) The special advocate 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.

89.7

(1) In this rule, “relevant material” means—

(a) material on which the Secretary of State relies; and

(b) material which adversely affects the Secretary of State’s case; and

(2) Subject to paragraph (3), the Secretary of State shall lodge all relevant material as productions.

(3) The Secretary of State may apply by motion for permission not to disclose relevant material.

(4) The Secretary of State shall not be required to disclose to the affected person any relevant material which is the subject of an application under paragraph (3).

(5) Subject to paragraph (6), the Secretary of State shall not rely upon any relevant material which is the subject of an application under paragraph (3) unless a special advocate has been appointed.

(6) Paragraph (5) does not apply in respect of an initial diet where the Court has ordered the Deputy Principal Clerk not to notify the affected person of the date and time of the initial diet.

(7) Where the Secretary of State makes an application under paragraph (3) and a special advocate has been appointed, the Secretary of State shall lodge with the Deputy Principal Clerk and serve on the special advocate—

(a) the relevant material;

(b) a statement of the reasons for the application for permission not to disclose the relevant material; and

(c) if and to the extent that it is possible to do so without disclosing information contrary to the public interest, a summary of the relevant material which can be served on the affected person.

(8) On the making of an application under paragraph (3), the court shall, unless paragraph(9) applies, direct the Deputy Principal Clerk to allocate a diet for a hearing of the application and the Deputy Principal Clerk shall intimate the date and time in writing to the Secretary of State and to any special advocate appointed under rule 89.5.

(9) This paragraph applies where—

(a) the special advocate gives notice that he or she does not oppose an application under paragraph (3);

(b) the court has previously considered an application by the Secretary of State for prohibition of disclosure of the same or substantially the same matters, and is satisfied that it would be just to prohibit disclosure without a hearing; or

(10) An application under paragraph (3) shall be considered in the absence of the affected person and his or her legal representative.

(11) The Court must grant the application under paragraph (3) where it considers that the disclosure of the material would be contrary to the public interest.

(12) On granting an application under paragraph (3), the court shall order the Secretary of State to serve upon every relevant party (and their legal representatives) a copy of the summary lodged under paragraph (7)(c) unless the court considers that the summary contains information or other material the disclosure of which would be contrary to the public interest.

(13) Paragraph (14) applies where the court—

(a) does not grant permission to the Secretary of State to withhold relevant material; or

(b) requires the Secretary of State to provide a relevant party to the proceedings with a summary of relevant material that is withheld.

(14) In a case where the Secretary of State elects not disclose the relevant material or (as the case may be) not to provide the summary—

(a) if the court considers that the relevant material or anything that is required to be summarised might adversely affect the Secretary of State’s case or support the case of a relevant party to the proceedings, the court may direct that the Secretary of State is not to rely on such points in the proceedings or is to make such concessions or take such other steps as the court may specify; or

(b) in any other case, the court shall ensure that the Secretary of State does not rely in the proceedings on the material or (as the case may be) on what is required to be summarised.

Applications for permission not to disclose relevant material: further provisions

89.8

(1) The Secretary of State or the affected person may apply for an order requiring anonymity for the affected person—

(a) in TPIM proceedings or appeal proceedings, by motion;

(b) where there are no TPIM proceedings or appeal proceedings, by lodging a petition with the Deputy Principal Clerk.

(2) The reference in this rule to an order requiring anonymity for the affected person is to be construed in accordance with paragraph 6(3) of Schedule 4 to the Act of 2011.

Anonymity

89.9

(1) If the court considers it necessary for the affected person and his or her legal representative, or any other relevant party, to be excluded from a diet or hearing or part of a diet or hearing to secure that information is not disclosed contrary to the public interest, it shall—

(a) make an order in that respect; and

(b) conduct the diet or hearing, or that part of it from which the affected person and his or her legal representative or other relevant party are excluded, in private.

(2) The court may otherwise order a diet or hearing to be conducted in private if it thinks fit.

(3) When the court issues an opinion in any proceedings to which this Chapter applies, the court may withhold any or part of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(4) Where an opinion of the court does not include the full reasons for its decision—

(a) the court shall prepare a separate opinion including those reasons; and

(b) the Deputy Principal Clerk shall serve that separate opinion on the Secretary of State and the special advocate.

Exclusion from diets or hearings etc.

89.10

(1) TPIM proceedings and appeal proceedings shall be recorded.

(2) The record of proceedings shall include—

(a) any objection to a question or line of evidence;

(b) any submission made in relation to such an objection; and

(3) Any transcript of the record of the proceedings shall only be made on the direction of the court and shall be subject to such order as to the cost of the transcript as the court thinks fit.

(4) The court may make such alterations to a transcript of the record of the proceedings as appear to it to be necessary after hearing the parties; and where such alterations are made, the court shall authenticate the alterations.

Recording of control order proceedings

89.11

(1) Control order proceedings shall be recorded by—

(a) a shorthand writer to whom the oath de fideli administratione officii has been administered on his appointment as a shorthand writer in the Court of Session; or

(b) tape recording or other mechanical means approved by the Lord President.

(2) The record of the proceedings shall include—

(a) any objection to a question or line of evidence;

(b) any submission made in relation to such an objection; and

(3) A transcript of the record of the proceedings shall only be made on the direction of the court and shall be subject to such order as to the cost of the transcript as the court thinks fit.

(4) The transcript of the record of the proceedings shall be certified as a faithful record of the proceedings by—

(a) the shorthand writer or shorthand writers, if more than one, who recorded the evidence; or

(b) where the evidence was recorded by tape recording or other mechanical means, the person who transcribed the record.

(5) The court may make such alterations to the transcript of the record of the proceedings as appear to it to be necessary after hearing the parties; and where such alterations are made, the court shall authenticate the alterations.

Corrected gender recognition certificates

49.27B

(1) An application after final decree for a corrected gender recognition certificate under section 6 of the Act of 2004 shall be made by minute in the process of the action in which the full gender recognition certificate was issued.

(2) Where the court issues a corrected gender recognition certificate, the Deputy Principal Clerk shall send a certified copy of the certificate to the Secretary of State.

CHAPTER 90 — FREEDOM OF INFORMATION

Applications

90.1

(1) In this rule—

“the Act of 2000” means the Freedom of Information Act 2000; and

“the Act of 2002” means the Freedom of Information (Scotland) Act 2002.

(2) An application under section 54(3) of the Act of 2000 or section 53(3) of the Act of 2002 for the court to deal with a public authority as if it had committed a contempt of court shall be by petition.

(3) There shall be attached to a petition mentioned in paragraph (2)–

(a) where the application is under the Act of 2000, a certificate under section 54(1) of that Act (certificate by Information Commissioner of failure to comply with notice);

(b) where the application is under the Act of 2002, a certificate under section 53(1) of that Act (certificate by Scottish Information Commissioner of failure to comply with notice).

CHAPTER 91 — GENDER RECOGNITION ACT 2004

Interpretation of this Chapter

91.1

In this Chapter–

“the Act of 2004” means the Gender Recognition Act 2004;

“full gender recognition certificate” has the same meaning as in section 25 of the Act of 2004; and

“Gender Recognition Panel” is to be construed in accordance with Schedule 1 to the Act of 2004.

References by Secretary of State

91.2

(1) A reference by the Secretary of State under section 8(5) of the Act of 2004 shall be made by petition.

(2) Where the court quashes a decision by the Gender Recognition Panel to grant an application for a gender recognition certificate under section 1(1) or section 5(2), the Deputy Principal Clerk shall send a certified copy of the interlocutor to the Registrar General for Scotland.

Interpretation of this Part

Applications for orders requiring reconsideration

Exclusion of days

Extension of time limit for application

Other written submissions

Service of petition etc.

Reference to Inner House

41.52A

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Service of order

41.52B

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Expenses

41.55

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

Certificates by officer of Revenue and Customs

Application of the EU Regulation

72.1A

A petition for sequestration to which section 12 of the Act of 1985 (petition for sequestration of debtor’s estate) applies shall include averments stating the basis for jurisdiction under the Council Regulation, in particular stating, so far as known to the petitioner–

(a) where the centre of main interests of the debtor is and whether the debtor has any other establishments in another Member State; and

(b) whether there are insolvency proceedings elsewhere in respect of the debtor and whether those proceedings are main or territorial.

First order in petitions for sequestration

Declaration regarding an approved debt payment programme

Notice of concurrent proceedings

Applications for transfer or remit of sequestration

Holding of sederunt book by Accountant in Bankruptcy

Prescribed forms

Interim orders

74.10A

(1) On making an interim order under paragraph 13(1)(d) of Schedule B1 to the Act of 1986 or section 157(1)(d) of the Act of 2004 or section 71(1)(d) of the Postal Act the Lord Ordinary shall fix a hearing on the By Order Roll for a date after the expiry of the period of notice mentioned in rule 14.6 (period of notice for lodging answers).

(2) At the hearing under paragraph (1) the Lord Ordinary shall make such order as to further procedure as he thinks fit.

Notice of petition

Report of proposals of administrator

Report of administrator’s proposals: Schedule B1 to the Act of 1986

Time and date of lodging in an administration

Applications during an administration

Interpretation and application of this Part

62.81

(1) In this Part—

“the Regulation” means Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims;

Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as amended from time to time to time and as applied by the Agreement of 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

“authentic instrument” has the same meaning as in Article 4(3) of the Regulation;

“court settlement” means a settlement where the debtor has expressly agreed to a claim within the meaning of Article 4(2) of the Regulation by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; and

“judgment” has the same meaning as in Article 4(1) of the Regulation.

“Member State of origin” has the same meaning as in Article4(4) of the Regulation.

(3) This Part applies to judgments, court settlements and authentic instruments on uncontested claims certified as European Enforcement Orders under the Regulation.

(4) Subject to rule 62.84 (certification of authentic instrument), rule 62.87 (rectification or withdrawal of certificate), rule 62.88(1) (application for registration), and rule 62.88(3) (application for refusal, stay or limitation of enforcement), an application shall be made to the Deputy Principal Clerk by letter.

(5) Rule 62.1 shall not apply to a petition under rule 62.88(3) of this Part (application for refusal, stay or limitation of enforcement).

Certification of decree in absence or decree by default

62.82

(1) An application for certification under Article 6(1) (judgment on uncontested claim) or Article 8 (partial European Enforcement Order) of the Regulation shall be accompanied by an affidavit—

(a) verifying that the judgment was of an uncontested claim within the meaning of Article 3(1)(b) or (c) of the Regulation and that the court proceedings met the requirements set out in Chapter III of the Regulation (minimum standards for uncontested claims procedures);

(b) providing the information required by the form of certificate in Annex I to the Regulation (European Enforcement Order – judgment);

(c) verifying that the judgment is enforceable in Scotland, and does not conflict with the rules of jurisdiction laid down in Articles 3 and 6 of Chapter II of Council Regulation (EC) No. 44/2001; and

(d) stating that where the debtor was a consumer and the judgment related to a contract concluded by the debtor for a purpose outside his trade or profession the judgment was given in the Member State of the debtors domicile within the meaning of Article 59 of Council Regulation (EC) No. 44/2001.

(2) The Deputy Principal Clerk shall not issue a certificate under paragraph (1) unless there is produced to him an execution of service of the judgment on the person against whom it is sought to be enforced.

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”;

(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.

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);

(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;

(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

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);

(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

(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

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;

(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;

(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;

(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.

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