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Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

Type Statutory-Instrument

Publication 1999-03-19

Last updated 2025-12-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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“full gender recognition certificate” and “interim gender recognition certificate” have the meanings assigned by section25 of the 2004 Act;

“Gender Recognition Panels” is to be construed in accordance with Schedule1 to the 2004 Act.

3.44.2

(1) This rule applies where a party to a protected Scottish marriage who has been issued with an interim gender recognition certificate makes an application to the sheriff under section 4E of the 2004 Act for the issue of a full gender recognition certificate.

(2) The sheriff shall make an order for intimation of the application on the applicant’s spouse, but no such order may be made unless there has been produced with the initial writ—

(a) an extract of the relevant entry in the register of marriages; and

(b) the interim gender recognition certificate or, failing that, a certified copy of the interim gender recognition certificate.

(3) For the purpose of this rule, a certified copy of an interim gender recognition certificate shall be a copy of that certificate sealed with the seal of the Gender Recognition Panels and certified to be a true copy by an officer authorised by the President of the Gender Recognition Panels.

(4) On the granting of the application the sheriff clerk shall give the applicant’s spouse a certified copy of the full gender recognition certificate.

3.44.3

When a full gender recognition certificate has been issued on an application under section 4E of the 2004 Act, an application for a corrected gender recognition certificate under section 6 of the 2004 Act (Errors in certificates) shall be made by minute in the process in the application pursuant to which the full gender recognition certificate was issued.

PARTXLV — MUTUAL RECOGNITION OF PROTECTION MEASURES IN CIVIL MATTERS

Interpretation

3.45.1

In this Part—

“incoming protection measure” means a protection measure that has been ordered in a participating Member State;

“MRP Regulation” has the meaning given by Article 3(5A) of the Regulation;

“participating Member State” has the meaning given by Article 3(5) of the Regulation;

“person causing the risk” has the meaning given by Article 3(3) of the Regulation;

“protected person” has the meaning given by Article 3(2) of the Regulation;

“protection measure” has the meaning given by Article 3(1) of the Regulation;

“registered post service” has the meaning given by section 125(1) of the Postal Services Act 2000;

“the Regulation” means Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters.

Application of rules 3.45.3 to 3.45.9

3.45.2

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Form of application for Article 5 certificate

3.45.3

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Issue of Article 5 certificate

3.45.4

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Conditions for issue of Article 5 certificate

3.45.5

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Notice of issue of Article 5 certificate

3.45.6

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Effect of variation of order

3.45.7

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Application for rectification or withdrawal of Article 5 certificate

3.45.8

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Issue of Article 14 certificate

3.45.9

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Form of applications relating to incoming protection measures

3.45.10

(1) The following applications shall be made by summary application—

(a) an application for the adjustment of the factual elements of an incoming protection measure under Article 11 of the Regulation;

(b) an application to refuse the recognition and, where applicable, the enforcement of an incoming protection measure under Article 13 of the Regulation;

(c) a submission under Article 14(2) of the Regulation to suspend or withdraw the effects of the recognition and, where applicable, the enforcement of an incoming protection measure;

(d) an application under section 1(1) of the Protection from Abuse (Scotland) Act 2001 for a power of arrest to be attached to an incoming protection measure;

(e) an application under section 3(1) of the Domestic Abuse (Scotland) Act 2011 for a determination that an incoming protection measure is a domestic abuse interdict.

(2) Where a process exists in relation to an incoming protection measure, an application mentioned in paragraph (1) shall be made by minute in that process.

Adjustment of incoming protection measure

3.45.11

(1) This rule applies for the purpose of an application under Article 11 of the Regulation to adjust the factual elements of an incoming protection measure.

(2) Unless the sheriff considers that a hearing is required, the sheriff may—

(a) dispense with intimation of the application; and

(b) determine the application without a hearing.

(3) Where necessary, the sheriff may grant decree in accordance with Scots law.

(4) The sheriff clerk shall give the person causing the risk notice of the adjustment of the protection measure in accordance with paragraphs (5) to (7).

(5) Where the address of the person causing the risk is known, notice shall be given by sending that peson—

(a) a notice in Form 65;

(b) a copy of the interlocutor adjusting the factual elements of the protection measure.

(6) Where the address of the person causing the risk is outwith the United Kingdom, the sheriff clerk shall send the documents mentioned in paragraph (5) by a registered post service.

(7) Where the address of the person causing the risk is not known, notice shall be given by displaying on the walls of court a notice in Form 66.

(8) An appeal against an interlocutor adjusting the factual elements of an incoming protection measure shall be made within 14 days after the date of the interlocutor concerned.

(9) Where—

(a) the sheriff has dispensed with intimation of the application on the person causing the risk; and

(b) the person causing the risk has not appeared in the application,

the time within which the person causing the risk may make an appeal shall be reckoned from the date on which notice is given in accordance with paragraph (4).

Attachment of power of arrest to incoming protection measure

3.45.12

(1) In this rule, “the Act of 2001” means the Protection from Abuse (Scotland) Act 2001.

(2) Where the sheriff attaches a power of arrest to a protection measure under section1(2) of the Act of 2001, the following documents shall be served along with the power of arrest in accordance with section 2(1)—

(a) a copy of the protection measure;

(b) a copy of the Article 5 certificate issued by the issuing authority of a participating Member State in accordance with Article 5 of the MRP Regulation; and

(3) After the power of arrest has been served, the following documents shall be delivered by the protected person to the chief constable of the Police Service of Scotland in accordance with section 3(1)—

(a) a copy of the protection measure;

(b) a copy of the Article 5 certificate issued by the issuing authority of a participating Member State in accordance with Article 5 of the MRP Regulation;

(d) a copy of the application for the attachment of the power of arrest;

(e) a copy of the interlocutor attaching the power of arrest;

(f) a copy of the certificate of service of the power of arrest and the documents that required to be served along with it in accordance with section 2(1) of the Act of 2001; and

(g) where a determination has previously been made in respect of the protection measure under section 3(1) of the Domestic Abuse (Scotland) Act 2011, a copy of the interlocutor making the determination.

(4) An application under the following provisions of the Act of 2001 shall be made by minute in the process of the application in which the power of arrest was attached—

(a) section 2(3) (extension of power of arrest);

(b) section 2(7) (recall of power of arrest).

(5) Where the sheriff extends the duration of, or recalls, a power of arrest, the person who obtained the extension, or the recall as the case may be, shall deliver a copy of the interlocutor granting the extension or the recall in accordance with section 3(1) of the Act of 2001.

(6) Where the sheriff pronounces an interlocutor granting an application mentioned in rule 3.45.10(1)(a) to (c) in respect of an incoming protection measure to which a power of arrest is attached, the applicant shall deliver a copy of that interlocutor to the chief constable of the Police Service of Scotland in accordance with section 3(1) of the Act of 2001.

(7) Where a person is required to comply with section 3(1) of the Act of 2001, that person shall, after complying with that section, lodge in process a certificate of delivery in Form67.

Determination that incoming protection measure is a domestic abuse interdict

3.45.13

(1) This rule applies where the sheriff makes a determination that an incoming protection measure is a domestic abuse interdict.

(2) A protected person who serves under 3(4) of the Domestic Abuse (Scotland) Act 2011 a copy of an interlocutor containing a determination under section 3(1) shall lodge in process a certificate of service.

(3) Paragraph (4) applies where, in respect of the same protection measure—

(a) a power of arrest under section 1 of the Protection from Abuse (Scotland) Act 2001 is in effect; and

(b) a determination is made.

(4) Where such a determination is made, the person who obtained the determination shall send to the chief constable of the Police Service of Scotland a copy of the interlocutor making the determination and the certificate of service.

(5) Where a person is required by virtue of this rule to send documents to the chief constable of the Police Service of Scotland, that person must, after such compliance, lodge in process a certificate of sending in Form 68.

FORM 56

Form of warrant to enter premises and take steps under Part 5 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.13(2)

FORM 57

Form of application for an order for disposal of a body under section 93 of the Public Health etc. (Scotland) Act 2008

Rule 3.39.14(1)

FORM 58

Form of order for disposal of a body

Rule 3.39.14(2)

FORM 58A

FORM 59

Form of application for judicial approval under section 23B(1) of the Regulation of Investigatory Powers Act 2000

FORM 60

Form of order under section 23A(2) of the Regulation of Investigatory Powers Act 2000

FORM 65

FORM 66

Interim orders: notification to interested persons

Interim orders: representations

Notification of reporting restrictions

3.41.4

Where the sheriff makes an order, the sheriff clerk shall immediately—

(a) send a copy of the order to any interested person;

(b) arrange for the publication of the making of the order on the Scottish Court Service website.

Applications for variation or revocation

3.41.5

(1) A person aggrieved by an order may apply to the sheriff for its variation or revocation.

(2) An application shall be made by letter addressed to the sheriff clerk.

(3) On an application being made—

(a) the sheriff shall appoint the application for a hearing;

(b) the sheriff clerk shall—

(i) notify the date and time of the hearing to the parties to the proceedings and the applicant;

(ii) send a copy of the application to the parties to the proceedings.

(4) The hearing shall, so far as reasonably practicable, be before the sheriff who made the order.

PARTXLVI — COUNTER-TERRORISM AND SECURITY ACT 2015

Interpretation

3.46.1

In this Part “Schedule 1” means Schedule 1 to the Counter-Terrorism and Security Act 2015.

Applications for extended detention of travel documents

3.46.2

(1) An application to the sheriff for an order under paragraph 8(1) of Schedule 1 (extension of 14-day period by judicial authority) is to be in Form 69.

(1A) Where an applicant seeks an order under paragraph10(1) of Schedule1 (order that specified information be withheld), the application for that order is to be included in Form69.

(2) On receipt of an application, the sheriff is to fix a date for the determination of the application.

(3) The applicant must intimate the application to the person to whom it relates—

(a) in Form70, which is to be accompanied by a copy of the application; and

(b) within the timescale and by the method specified by the sheriff.

(4) Where—

(a) at any time before intimation of an application, the sheriff grants an order under paragraph 10 of Schedule 1 (order that specified information be withheld); and

(b) the information to which the order relates includes information contained in the application,

the sheriff may order intimation of the application under deletion of that information.

Further applications for extended detention of travel documents

3.46.3

A further application under paragraph 8(1) of Schedule 1, by virtue of paragraph12(1),is to be made by minute in the process relating to the extension of the 14-dayperiod.

FORM 67

FORM 68

Applications for leave to appeal to the Sheriff Appeal Court

Applications for extended retention of travel documents

Further applications for extended retention of travel documents

Application for certification of domestic restraint order

3.19.7A

(1) In this rule—

(a) “the 2014 Regulations” means the Criminal Justice and Data Protection Protocol No. 36 Regulations 2014 and

(b) “domestic restraint order” and “specified information” have the meanings given by paragraph1 of schedule1 of the 2014 Regulations.

(2) An application by the prosecutor for a certificate under paragraph2 of schedule1 of the 2014 Regulations (domestic restraint orders: certification) is made by minute and must—

(a) contain the specified information; and

(b) set out why the prosecutor considers that the property to which the application relates has been used or is likely to be used for the purposes of an offence or is the proceeds of an offence.

(3) Where the court makes a certificate it must—

(a) do so in the form annexed to Council Framework Decision 2003/577/JHA of 22July 2003 on the execution in the European Union of orders freezing property or evidence; and

(b) provide in the domestic restraint order for notice to be given in accordance with paragraph 2(4) of schedule 1 to the 2014 Regulations.

Appeals to the Court of Session

Applications in relation to arrestment

Applications for appointment of administrators

Incidental applications in relation to an administration

Documents for Accountant of Court

Procedure for fixing and finding caution

Time for finding caution

Procedure on finding caution

Issue of certified copy interlocutor

Administrator’s title to act

Accounts

Application for discharge of administrator

Appeals against determination of outlays and remuneration

PART XLVII — SERIOUS CRIME PREVENTION ORDERS

Interpretation

3.47.1

In this part—

“the 2007 Act” means the Serious Crime Act 2007;

“person who is the subject of a serious crime prevention order” is to be construed in accordance with section 1(6) of the 2007 Act;

“serious crime prevention order” has the meaning given by section 1(5) of the 2007 Act; and

“subject” means the person who is the subject of a serious crime prevention order.

Serious Crime Prevention Orders

3.47.2

(1) An application by the Lord Advocate under section8(aa) of the 2007 Act (limited class of applicants for making of orders) is to be made by summary application.

(2) When a summary application is lodged, the court must—

(a) fix a date for a hearing;

(b) order intimation of the application within 7 days to the person who is the proposed subject of the order; and

(3) The application is to identify any person (other than the person who is the proposed subject of the order) in respect of whom the order sought may be likely to have a significant adverse effect or (as the case may be) state that there is no such person.

(4) A serious crime prevention order made under section1 of the 2007 Act is to be made in Form71.

(5) If the subject is not personally present or represented at the hearing at which the order is made, the applicant must serve a copy of the order on the subject.

Third party representations

3.47.3

(1) Paragraphs (2) and (3) of this rule apply where a third party is identified by the applicant under rule3.47.2(3).

(2) The court must order the applicant to intimate the application to any such third party within 7 days.

(3) An application by a third party to make representations under section9 of the 2007 Act is made by minute in the process within 14 days from the date of intimation.

(4) The court may consider a minute by a third party, whether identified in accordance with rule 3.47.2(3), rule 3.47.4(2) or otherwise, without a hearing unless the third party requests a hearing or it seems to the court appropriate to fix a hearing.

(5) If the court grants an application made in accordance paragraph (3) the court must—

(a) specify the manner in which representations are to be made; and

(b) intimate to the third party the date of any hearing fixed under rule 3.47.2(2)(a).

Variation or discharge of a serious crime prevention order

3.47.4

(1) An application to vary or discharge a serious crime prevention order is made in Form72.

(2) An application under paragraph (1) is to identify any person (other than the person who is the proposed subject of the order) in respect of whom the variation or discharge may be likely to have a significant adverse effect or (as the case may be) state that there is no such person known to the applicant.

(3) When an application under paragraph(1) is lodged, the court must—

(a) fix a date for a hearing;

(b) order intimation of the application within 7 days—

(i) where the applicant is the relevant applicant authority, to the person who is the subject of the order; or

(ii) where the applicant is the person who is the subject of the order, to relevant applicant authority; or

(iii) where the applicant is any other person, to both the relevant applicant authority and the person who is the subject of the order; and

(iv) where a person is identified by the applicant under paragraph (2), to that person; and

(4) If the subject is not personally present or represented at the hearing at which the order is varied or discharged, the applicant must serve a copy of the varied order or, as the case may be, the interlocutor discharging the order, on the subject.

FORM 65

FORM 66

PART XLVIII — TRAFFICKING AND EXPLOITATION ORDERS

Interpretation

3.48.1

In this Part—

“the 2015 Act” means the Human Trafficking and Exploitation (Scotland) Act 2015;

“trafficking and exploitation prevention order” means an order made under section 18 of the 2015 Act. and

“trafficking and exploitation risk order” means an order made under section 26 of the 2015 Act.

Variation, renewal or discharge of trafficking and exploitation prevention orders

3.48.2

(1) An application under section 23 of the 2015 Act to vary, renew or discharge a trafficking and exploitation prevention order is made by minute in the process relating to the application for the order.

(2) A minute under paragraph (1) is made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.

(3) Where an application under section 23 of the 2015 Act to vary, renew or discharge an order is made in a sheriff court other than the sheriff court in which the process relating to the application for the order is held—

(a) it must be made by summary application;

(b) the initial writ containing the application must contain averments as to the sheriff court in which the process relating to the trafficking and exploitation prevention order is held;

(c) the sheriff clerk with whom the application is lodged must notify the sheriff clerk of the sheriff court in which the process relating to the trafficking and exploitation prevention order is held; and

(d) that sheriff clerk must, not later than 4 days after receipt of such notification, transfer the process relating to the trafficking and exploitation prevention order to the sheriff clerk of the sheriff court in which the application is made.

(4) For the purposes of paragraph(3), the sheriff court in which the process relating to the order is held is the sheriff court in which the trafficking and exploitation prevention order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.

(5) A failure of the sheriff clerk to comply with paragraph(3) shall not invalidate the application.

Variation, renewal or discharge of a trafficking and exploitation risk order

3.48.3

(1) An application under section 29 of the 2015 Act to vary, renew or discharge a trafficking an exploitation risk order is made by minute in the process relating to the application for the order.

(2) A minute under paragraph (1) is made in accordance with and regulated by Chapter14 of the Ordinary Cause Rules.

(3) Where an application under section 29 of the 2015 Act to vary, renew or discharge an order is made in a sheriff court other than the sheriff court in which the process relating to the application for the order is held—

(a) it must be made by summary application;

(b) the initial writ containing the application must contain averments as to the sheriff court in which the process relating to the trafficking and exploitation risk order is held;

(c) the sheriff clerk with whom the application is lodged must notify the sheriff clerk of the sheriff court in which the process relating to the trafficking and exploitation risk order is held; and

(d) that sheriff clerk must, not later than 4 days after receipt of such notification transfer the process relating to the trafficking and exploitation risk order to the sheriff clerk of the sheriff court in which the application is made.

(4) For the purposes of paragraph (3), the sheriff court in which the process relating to the order is held is the sheriff court in which the trafficking and exploitation risk order was granted, or where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.

(5) A failure of the sheriff clerk to comply with paragraph (3) shall not invalidate the application.

PARTXLIX — ILLEGAL WORKING AND LABOUR MARKET ENFORCEMENT ORDERS

Interpretation

3.49.1

In this Part—

“the Act” means the Immigration Act 2016;

“application for compensation” means an application for compensation under paragraph 15 of schedule 6 of the Act; and

“illegal working compliance order” means an order made under paragraph 5 of schedule 6 of the Act.

Applications in relation to illegal working

3.49.2

(1) An application under any of the following paragraphs of schedule 6 of the Act—

(a) paragraph 7 (extension of illegal working compliance orders);

(b) paragraph 8 (variation or discharge of illegal working compliance orders);

(d) paragraph 13 (reimbursement of costs),

is to be made by minute in the process relating to the illegal working compliance order.

(2) A minute under paragraph (1) is to be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.

Applications for compensation

3.49.3

(1) Subject to paragraph (2), an application for compensation is to be made by minute in the process relating to the illegal working compliance order.

(2) Where the illegal working closure notice under paragraph 1 of schedule 6 of the Act was cancelled under paragraph 3(1)(a) of that schedule, an application for compensation is to be made by summary application.

PART L — ELECTRONIC COMMUNICATIONS CODE

Interpretation

3.50.1

In this Part—

“the 2003 Act” means the Communications Act 2003;

“the Code” means the Electronic Communications Code set out in schedule 3A of the Communications Act 2003;

“Electronic Communications Code order” means a Part 4ZA order or Part 4A order;

“the Jurisdiction Regulations” means the Electronic Communications Code (Jurisdiction) Regulations 2017;

“Part 4A order” means an order under paragraph 27E(2) (code rights in respect of land connected to leased premises: unresponsive occupiers) of the Code;

“Part 4ZA order” means an order under paragraph 27ZF(2) (code rights in respect of land: unresponsive occupiers) of the Code.

Transfer from Lands Tribunal for Scotland

3.50.2

(1) On receipt of the documentation in proceedings which have been transferred from the Lands Tribunal for Scotland to the sheriff under regulation5 of the Jurisdiction Regulations, the sheriff clerk must record the date of receipt on the first page of the documentation.

(2) Within 7 days of receipt of the documentation referred to in paragraph(1), the sheriff may make such order as he or she thinks fit to secure, so far as practicable, that the cause thereafter proceeds in accordance with these Rules.

(3) An order under paragraph (2) may include—

(a) where the cause has not been intimated to the respondent before being transferred to the sheriff, an order for the applicant to make intimation of the cause to the respondent;

(b) where no response has been lodged by the respondent in the cause, an order for answers to be lodged;

PARTLI — DRUG DEALING TELECOMMUNICATIONS RESTRICTION ORDERS

Interpretation

3.51.1

In this Part—

“the 2015 Act” means the Serious Crime Act 2015;

“DDTRO Regulations” means the Drug Dealing Telecommunications Restriction Orders Regulations 2017; and

unless the context otherwise requires, words and expressions used in this Part and in the 2015 Act or the DDTRO Regulations have the meaning given by the 2015 Act or the DDTRO Regulations, as the case may be.

Drug Dealing Telecommunications Restriction Orders

3.51.2

(1) An application under regulation 3 of the DDTRO Regulations (power to make a DDTRO) for a DDTRO—

(a) is to be made by summary application in Form 73; and

(b) must not be intimated to an affected person or their legal representative.

(2) A DDTRO is to be made in Form 74.

(3) An application for discharge, extension or variation of a DDTRO is to be made by an application in the process relating to the DDTRO in Form 75.

(4) Where an application under paragraph (3) is made, the sheriff may make such orders as he or she thinks fit for dealing with the application, including an order—

(a) requiring the applicant to intimate the application and any court order relating to it to any other person;

(b) requiring any party to lodge answers; and

(5) An application for a DDTRO must be heard and determined in private.

(6) All proceedings in an application for discharge, extension or variation of a DDTRO must be heard and determined in public.

(7) Rule 2.5 (order for intimation to interested persons by the sheriff) does not apply to applications under this Part.

(8) Rule 2.30 (motion procedure), applying Chapter 15 of the Ordinary Cause Rules, applies to motions under this Part.

FORM 67

FORM 68

FORM 69

Labour market enforcement orders

3.49.4

(1) An application under section 19 of the Act is to contain details of any labour market enforcement order made under section 18 of the Act which is already in force in respect of the subject of the application.

(2) An application under section 23 of the Act for variation or discharge of a labour market enforcement order made under section 18 of the Act is to be made by minute in the process relating to the order.

(3) Where an application referred to in paragraph (2) is made in a sheriff court other than the sheriff court in which the process relating to the order is held—

(a) the sheriff clerk with whom the application is lodged is to notify the sheriff clerk of the sheriff court in which the process relating to the order is held; and

(b) the sheriff clerk of the sheriff court in which the process relating to the order is held is, not later than 4 days after receipt of such notification, to transfer the process relating to the order to the sheriff clerk of the sheriff court in which the application is made.

(4) For the purposes of paragraph (3), the sheriff court in which the process relating to the order is held is the sheriff court in which the order was made or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.

Variation and recall of account freezing orders and applications to set aside forfeiture

3.17.6

(1) An application to the sheriff for an order under paragraph 10T(1) (variation and setting aside of account freezing order) must be made by minute in the process of the application for that order.

(2) An application to the sheriff for an order under paragraph 10Z (application to set aside forfeiture) must be made by summary application.

(3) On the lodging of an application under paragraph (1) or (2) above the sheriff must—

(a) fix a date for a hearing; and

(b) order service of the application together with notice of such hearing on any person whom the sheriff considers may be affected by the granting of such an application.

Applications for forfeiture order

3.17.7

(1) An application to the sheriff for an order under paragraph 10Z2(2)(b) (forfeiture order) must be made by minute in the process of the application for the associated account freezing order.

(2) On the lodging of such an application the sheriff must—

(a) fix a date for a hearing; and

(b) order service of the application together with notice of such hearing on any person whom the sheriff considers may be affected by the granting of such an application.

Associated and joint property: transfer to Court of Session

3.17.8

(1) This rule applies where the sheriff makes a transfer to the Court of Session under paragraph 10J (associated and joint property: default of agreement) of an application made under paragraph 10G(1)(b).

(2) No later than 4 days after the sheriff has pronounced an interlocutor transferring the application to the Court of Session under paragraph 10J, the sheriff clerk must—

(a) send written notice of the transfer to the parties;

(b) certify on the interlocutor sheet that sub-paragraph (a) has been complied with; and

(3) Failure by a sheriff clerk to comply with paragraph (2)(a) or (b) above does not affect the validity of the transfer.

Variation and recall of account freezing orders and applications for forfeiture orders

3.19.4A

(1) An application to the sheriff for an order under section 303Z4(1) or article 213Z4 of the 2005 Order (variation and setting aside of account freezing order) must be made by minute in the process of the application for that order.

(2) An application to the sheriff for an order under section 303Z14(2) or article 213Z7(3) of the 2005 Order (forfeiture order) must be made by summary application.

(3) On the lodging of an application under paragraph(1) or (2) above the sheriff must—

(a) fix a date for a hearing;

(b) order service of the application together with notice of such hearing on any person whom the sheriff considers may be affected by the granting of such an application.

Applications for compensation

Associated and joint property: transfer to Court of Session

3.19.5A

(1) This rule applies where the sheriff makes a transfer to the Court of Session under section 303R or article 213O(1) of the 2005 Order (associated and joint property: default of agreement) of an application for an order under section 303O(1)(b) or article 213L(1) of the 2005 Order (forfeiture) respectively.

(2) No later than 4 days after the sheriff has pronounced an interlocutor transferring the application to the Court of Session under section 303R or article 213O(1) of the 2005 Order the sheriff clerk must—

(a) send written notice of the transfer to the parties;

(b) certify on the interlocutor sheet that sub-paragraph (a) has been complied with; and

(3) Failure by a sheriff clerk to comply with paragraph (2)(a) or (b) above does not affect the validity of the transfer.

Interim orders

Representations

PARTLII — CARE HOMES: EMERGENCY INTERVENTION ORDERS

Interpretation

3.52.1

In this Part—

“the 2010 Act” means the Public Services Reform (Scotland) Act 2010 as modified by paragraph 17 (emergency intervention orders) of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020;

“emergency intervention order” has the meaning given by section 65A(2) (care homes: emergency intervention orders) of the 2010 Act.

Applications under section 65A of the 2010 Act

3.52.2

(1) An application for an emergency intervention order under section 65A(1) of the 2010 Act must be made by summary application.

(2) An interim order under section 65A(3) of the 2010 Act must be sought by crave in the initial writ for the emergency intervention order.

(3) An application under section 65A(13) of the 2010 Act for variation, extension or revocation of an emergency intervention order must be made by minute in the process for the emergency intervention order to which it relates.

(4) An application under section 65A(14) of the 2010 Act for variation or recall of an interim order granted under section 65A(3) of that Act must be made by motion in the process of the emergency intervention order to which it relates.

PART LIII — AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) ACT 2019

Application and interpretation of this Part

3.53.1

(1) This Part applies to applications under—

(a) section 34 (application for order authorising search in relation to child under 12);

(b) section 42 (application for child interview order);

of the Age of Criminal Responsibility (Scotland) Act 2019.

(2) In this Part, “the 2019 Act” means the Age of Criminal Responsibility (Scotland) Act 2019 and, unless the context otherwise requires, words and expressions used in this Part and in the 2019 Act have the meaning given by that Act.

Form of application

3.53.2

An application under—

(a) section 34 of the 2019 Act must be made in Form 76;

(b) section 42 of the 2019 Act must be made in Form 77;

Processing of application

3.53.3

(1) On receipt by the court of an application to which this Part applies, it must be placed before the sheriff forthwith.

(2) Rule 2.5 (order for intimation to interested persons by the sheriff) does not apply to applications to which this Part applies.

(3) Where—

(a) under sections 35(2), 43(2) or 62(2) (consideration of need for enquiry or hearing) of the 2019 Act, the sheriff considers it appropriate to enquire or hold a hearing;

(b) under sections 35(3), 43(3) or 62(3) (consideration of opportunity to make representations) of the 2019 Act, the sheriff considers that any of the persons mentioned in paragraphs (a) to (d) of those subsections should be given an opportunity to make representations,

the sheriff may make such order as the sheriff thinks fit in relation to that.

Form of order

3.53.4

An order under—

(a) section 36 (order authorising search in relation to child under 12) of the 2019 Act must be in Form 79;

(b) section 44(2) (child interview order) of the 2019 Act must be in Form 80;

Permission to appeal to Sheriff Appeal Court

3.53.5

(1) An application for permission to appeal against a decision of the sheriff under sections 36, 44(2) or 63 of the 2019 Act must be made by motion.

(2) Within 1 day after permission to appeal has been granted by the sheriff, the court must transfer the process to the Clerk of the Sheriff Appeal Court.

FORM 70

FORM 71

FORM 72

FORM 73

FORM 74

FORM 75

PARTLIV — SEXUAL HARM PREVENTION ORDERS AND SEXUAL RISK ORDERS

Interpretation

3.54.1

In this Part—

“the 2016 Act” means the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;

“interim sexual harm prevention order” and “sexual harm prevention order” means an order under section 21 (interim orders) and 12 (making of order against qualifying offender on application to sheriff) of the 2016 Act respectively;

“interim sexual risk order” and “sexual risk order” means an order under section 31 (interim orders) and 27 (making of order) of the 2016 Act respectively.

Warrant, Form of Citation and notices

3.54.2

(1) A warrant for citation in an application under this Part is to be in Form 2B (form of warrant of citation under Chapters 3 and 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016).

(2) Citation in respect of a warrant granted under paragraph (1) is to be in Form 3B (form of citation for summary application under Chapters 3 and 4 of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016).

(3) Where a person on whom service has been executed wishes for a hearing to be held, that person is to—

(a) give, within 21 days of the date of service, notice under section 12(4) or 27(5) (making of an order) of the 2016 Act; and

(b) lodge answers at the same time and send a copy of them to the applicant.

(4) Where a person has been served with an application under section 12 of the 2016 Act and disputes under section 15(4)(a) (qualifying offender: conviction etc. outside United Kingdom) of that Act that section 12(2)(b) is satisfied, the person is to serve a notice in accordance with section 15(4)(a) of that Act within 21 days of the date on which they were served with the application under section 12 of that Act.

Procedure where no notice under section 12(4) or 27(5) is given

3.54.3

(1) Where no notice of a wish for a hearing under section 12(4) or 27(5) of the 2016 Act has been given to the sheriff within the period of notice contained in the warrant of citation, the applicant may return the application, together with a duly completed execution of service, to the sheriff clerk requesting the sheriff make an order for further procedure under section 12(3)(b)(i) or (ii) or section 27(4)(b)(i) or (ii) (as the case may be) of the 2016 Act.

(2) Where the sheriff gives an opportunity under section 12(3)(b)(ii) or section27(4)(b)(ii) of the 2016 Act for written representations to be made, the sheriff is to specify the period for lodging the written representations with the court and any party lodging any written representations is at the same time to intimate a copy of them to the other party.

Variation, renewal or discharge of sexual harm prevention orders or sexual risk orders

3.54.4

(1) Subject to paragraph (2), an application under—

(a) section 20 (variation, renewal and discharge) of the 2016 Act to vary, renew or discharge a sexual harm prevention order; or

(b) section 30 (variation, renewal and discharge) of the 2016 Act to vary, renew or discharge a sexual risk order,

is to be made by minute in the process relating to that order.

(2) Where an application to vary, renew or discharge a sexual harm prevention order or sexual risk order is made in a sheriff court other than the sheriff court in which the process relating to the order is held—

(a) the application is to be made by summary application;

(b) the initial writ containing the application is to contain averments as to the sheriff court in which the process relating to the order is held;

(c) the sheriff clerk with whom the application is lodged is to notify the sheriff clerk of the sheriff court in which the process relating to the order is held; and

(d) the sheriff clerk of the sheriff court in which the process relating to the order is held must, not later than 4 days after receipt of such notification, transfer the process relating to the order to the sheriff clerk of the sheriff court in which the application is made.

(3) For the purposes of paragraph (2), the sheriff court in which the process relating to the order is held is the sheriff court in which the order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.

(4) Where—

(a) a minute under paragraph (1) is lodged, the sheriff is to order intimation of the minute;

(b) a person on whom intimation of a minute under paragraph (1) has been made wishes for a hearing to be held, that person is to—

(i) give, within 21days of the date of intimation of the minute, notice under section 20(8) or section 30(7) of the 2016 Act (as the case may be); and

(ii) lodge answers at the same time and send a copy of them to the minuter;

(c) no notice of a wish for a hearing under section 20(8) or 30(7) of the 2016 Act has been given to the sheriff within the period of notice contained in the warrant of citation, the minuter may return the minute, together with a duly completed certificate of intimation, to the sheriff clerk requesting the sheriff make an order for further procedure under section 20(7)(b)(i) or (ii) or section 30(6)(b)(i) or (ii) (as the case may be) of the 2016 Act.

(5) Where an application referred to in paragraph (2) has been made—

(a) if a person on whom service has been executed wishes for a hearing to be held, that person is to—

(i) give, within 21 days of the date of service, notice under section 20(8) or 30(7) of the 2016 Act (as the case may be); and

(ii) lodge answers at the same time and send a copy of them to the applicant;

(b) if no notice of a wish for a hearing under section 20(8) or 30(7) of the 2016 Act has been given to the sheriff within the period of notice contained in the warrant of citation, the applicant may return the application, together with a duly completed certificate of intimation, to the sheriff clerk requesting the sheriff make an order for further procedure under section 20(7)(b)(i) or (ii) or section 30(6)(b)(i) or (ii) (as the case may be) of the 2016 Act.

(6) Where paragraph (4)(c) or paragraph (5)(b) applies and the sheriff gives an opportunity to make written representations under section 20(7)(b)(ii) or section 30(6)(b)(ii) of the 2016 Act—

(a) the sheriff is to specify the period for lodging the written representations with the court; and

(b) any party lodging written representations is at the same time to intimate a copy of them to any other party.

(7) If the sexual harm prevention order or sexual risk order to which the application to vary, renew or discharge relates is an order made in England or Wales or is a sexual offences prevention order, a foreign travel order or a risk of sexual harm order made in Northern Ireland under the Sexual Offences Act 2003—

(a) paragraph (4) does not apply and a first application is to be made by initial writ in Form 1 (form of initial writ); and

(b) where any subsequent application under sub-paragraph (a) is made, that application is to be made by minute in the process.

(8) Where paragraph (7) applies the sheriff clerk is to send a certified copy of the interlocutor varying, renewing or discharging (as the case may be) the order to the court which originally imposed that order.

(9) A failure of the sheriff clerk to comply with paragraph (2) does not invalidate the application.

Interim sexual harm prevention orders or interim sexual risk orders

3.54.5

(1) Subject to paragraph (2), an application for an interim sexual harm prevention order or interim sexual risk order is to be made—

(a) by crave in the initial writ containing the application for a sexual harm prevention order or sexual risk order, as the case may be (“the main application”); or

(b) if an application has already been made, by way of motion.

(2) Where an application for an interim sexual harm prevention order or interim sexual risk order is made in a sheriff court other than the sheriff court in which the main application was lodged—

(a) the application is to be made by summary application;

(b) the initial writ containing the application is to contain averments as to the sheriff court in which the main application was lodged; and

(c) the sheriff clerk with whom the application is lodged is to notify the sheriff clerk of the sheriff court in which the main application was lodged.

(3) There is to be produced with a summary application under paragraph (2) copies of the following documents, certified as correct by the applicant’s solicitor or the sheriff clerk—

(a) the initial writ containing the main application;

(b) any answers to the main application; and

(4) The sheriff clerk is to send a certified copy of any interlocutor disposing of a summary application under paragraph (2) to the sheriff clerk of the sheriff court in which the main application was lodged.

(5) Rule 3.54.4 (variation, renewal or discharge of sexual harm prevention orders or sexual risk orders) applies for the purpose of an application for an order for variation, renewal or discharge of an interim sexual harm prevention order or interim sexual risk order, subject to any necessary modifications.

(6) A failure of the sheriff clerk to comply with paragraph (2)(c) or (4) does not invalidate the main application or the summary application under paragraph (2).

Service of orders

3.54.6

(1) This rule applies to—

(a) a sexual harm prevention order;

(b) an interim sexual harm prevention order;

(d) an interim sexual risk order;

(e) an order varying or renewing an order mentioned in sub-paragraphs (a) to (d).

(2) The sheriff clerk must serve a copy of the order on the person against whom it has effect.

(3) For the purposes of paragraph (2), a copy of the order is served—

(a) where the person against whom the order has effect is present in court when the order is made—

(i) by giving it to the person and obtaining a receipt therefor;

(ii) by sending it to the person by recorded delivery or registered post; or

(iii) by causing it to be served by sheriff officer; or

(b) where the person against whom the order has effect is not present in court when the order is made—

(i) by sending it to the person by recorded delivery or registered post; or

(ii) by causing it to be served by sheriff officer.

(4) A failure by the sheriff clerk to comply with this rule does not invalidate the order.

FORM 76

FORM 77

Application for an order

3.41.1A

(1) A party to the proceedings may apply to the court for an order under this Part to restrict the reporting of the proceedings.

(2) An application for an order under this Part must be made by motion and be accompanied by Form 58A.

Interim orders

Representations

Notification of reporting restrictions

Applications for variation or revocation

Electronic Communications Code orders

3.50.3

Rules 3.50.4 to 3.50.7 apply to an application for an Electronic Communications Code order.

Form of application

3.50.4

(1) An application is to be made by summary application.

(2) The application is to include averments narrating how the conditions specified in—

(a) paragraph 27ZE(1) (requirements to be met before applying for an order under this Part), in respect of an application for a Part 4ZA order; or

(b) in paragraph 27D(1) (requirements to be met before applying for an order under this Part), in respect of an application for a Part 4A order,

of the Code have been met.

(3) When lodging an application for a Part 4A order, the pursuer is to lodge a copy of the notices required by paragraph 27C (requirements to be met before applying for an order under this Part) of the Code.

Warrants, forms and certificate of citation

3.50.5

(1) A warrant of citation is to be in Form 2C (form of warrant of citation for a Part 4ZA order or Part 4A order under schedule 3A of the Communications Act 2003).

(2) Citation in respect of a warrant granted under paragraph (1) is to be in Form 3C (form of citation for summary application for a Part 4ZA order or Part 4A order under schedule 3A of the Communications Act 2003).

(3) When serving a copy of the initial writ and warrant of citation, the applicant is to append thereto Form 5B (form of defender’s opposition to application for a Part 4ZA order or Part 4A order under schedule 3A of the Communications Act 2003).

Opposition to application

3.50.6

(1) Where a defender opposes an application, a notice of opposition must be lodged in Form 5B within the period of notice.

(2) The defender must intimate a copy of the notice of opposition to the pursuer.

(3) When a notice of opposition is lodged with the court, the sheriff must dismiss the application.

Procedure where no notice of opposition is lodged

3.50.7

Where no notice of opposition has been lodged with the court within the period of notice—

(a) the pursuer may return the application, together with a completed certificate of service, to the sheriff clerk requesting that the sheriff make an order granting the application in absence; and

(b) the sheriff may, thereafter—

(i) determine the application without a hearing; and

(ii) grant decree in absence.

FORM 78

FORM 79

FORM 80

FORM 81

Statutory interveners – interpretation

Application to intervene

Invitation to intervene

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