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

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  1. Introductory Text

  2. CHAPTER 1 GENERAL

    1. 1.1. Citation and commencement

    2. 1.2. Interpretation

    3. 1.3. Revocation

    4. 1.4. Application

  3. CHAPTER 2 SUMMARY APPLICATION RULES

  4. PART I

    INTERPRETATION

    1. 2.1. Interpretation

  5. PART II

    GENERAL RULES

    1. 2.2. Application

    2. 2.3. Relief from failure to comply with rules

    3. 2.4. The initial writ

    4. 2.5. Order for intimation to interested persons by sheriff

    5. 2.6. Time limits

    6. 2.7. Warrants, forms and certificate of citation

    7. 2.8. Orders against which caveats may be lodged

    8. 2.9. Form, lodging and renewal of caveats

    9. 2.10. Postal service or intimation

    10. “This envelope contains a citation to or intimation from (specify...

    11. 2.11. Service within Scotland by sheriff officer

    12. 2.12. Service on persons furth of Scotland

    13. 2.13. Service where address of person is not known

    14. 2.14. Persons carrying on business under trading or descriptive name

    15. 2.15. Endorsation unnecessary

    16. 2.16. Re-service

    17. 2.17. No objection to regularity of citation, service or intimation

    18. 2.18. Service of schedule of arrestment

    19. 2.19. Arrestment on dependence before service

    20. 2.20. Movement of arrested property

    21. 2.21. Transfer to another sheriff court

    22. 2.22. Applications for time to pay directions

    23. 2.23. Remuneration of assessors

    24. 2.24. Deposits for expenses

    25. 2.25. When decrees extractable

    26. 2.26. Form of extract decree

    27. 2.27. Form of warrant for execution

    28. “This extract is warrant for all lawful execution hereon.”.

    29. 2.28. Date of decree in extract

    30. 2.29. Decrees in absence where defender furth of Scotland

    31. 2.30. Motion procedure

    32. 2.31. Power of sheriff to make orders

  6. CHAPTER 3 RULES ON APPLICATIONS UNDER SPECIFIC STATUES

  7. PART I ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1972

    1. 3.1.1. Interpretation and application

    2. 3.1.2. Applications under section 1(1) of the Act

  8. PART II BETTING AND GAMING APPEALS

    1. 3.2.1. Interpretation

    2. 3.2.2. Appeals under Part I of the 1963 Act

    3. 3.2.3. Appeals by applicants under Part II of the 1968 Act

    4. 3.2.4. Appeals by the Gaming Board under Part II of the 1968 Act

    5. 3.2.5. Appeals under Part III of the 1968 Act and Part III of the 1976 Act

  9. PART III COAL MINING SUBSIDENCE ACT 1991

    1. 3.3.1. Interpretation and application

    2. 3.3.2. Applications under section 41 of the Act

  10. PART IV CONVEYANCING AND FEUDAL REFORM (SCOTLAND) ACT 1970

    1. 3.4.1. Application

    2. 3.4.2. Disposal of applications under Part II of the Act

  11. PART V COPYRIGHT, DESIGNS AND TRADE MARKS

    1. 3.5.1. Interpretation

    2. 3.5.2. Orders for delivery up, forfeiture, destruction or other disposal

    3. 3.5.3. Service of notice on interested persons

    4. 3.5.4. Procedure where leave of court required

  12. PART VI DRUG TRAFFICKING ACT 1994

    1. 3.6.1. Interpretation and application

    2. 3.6.2. Determination of applications for continued detention of cash

    3. 3.6.3. Determination of application for release of cash

    4. 3.6.4. Determination of application for forfeiture of cash

    5. 3.6.5. Service

    6. 3.6.6. Sist of party

  13. PART VII LICENSING (SCOTLAND) ACT 1976

    1. 3.7.1. Interpretation and application

    2. 3.7.2. Service

    3. 3.7.3. Statement of reasons of licensing board

  14. PART VIII MENTAL HEALTH (SCOTLAND) ACT 1984

    1. 3.8.1. Interpretation and application

    2. 3.8.2. Appointment of hearing

    3. 3.8.3. Service of application

    4. 3.8.4. Duties of responsible medical officer

    5. 3.8.5. Appointment of curatorad litem

    6. 3.8.6. Appointment of solicitor by court

    7. 3.8.7. Intimation to representatives

    8. 3.8.8. Service by sheriff officer

    9. 3.8.9. Variation of conditions of community care order

    10. 3.8.10. Hearing

    11. 3.8.11. Appeal against community care order

  15. PART IX PROCEEDS OF CRIME (SCOTLAND) ACT 1995

    1. 3.9.1. Interpretation and application

    2. 3.9.2. Service of restraint orders

    3. 3.9.3. Recall or variation of restraint orders

    4. 3.9.4. Applications for interdict

    5. 3.9.5. Applications in relation to arrestment

    6. 3.9.6. Appeals to the Court of Session

    7. 3.9.7. Applications for appointment of administrators

    8. 3.9.8. Incidental applications in an administration

    9. 3.9.9. Requirements where order to facilitate realisation of property considered

    10. 3.9.10. Documents for Accountant of Court

    11. 3.9.11. Procedure for fixing and finding caution

    12. 3.9.12. Administrator’s title to act

    13. 3.9.13. Duties of administrator

    14. 3.9.14. State of funds and scheme of division

    15. 3.9.15. Objections to scheme of division

    16. 3.9.16. Application for discharge of administrator

    17. 3.9.17. Appeals against determination of outlays and remuneration

  16. PART X RATING (DISABLED PERSONS) ACT 1978

    1. 3.10.1. Interpretation and application

    2. 3.10.2. Appeals under section 6(5) or 6(5A) of the Act

  17. PART XI REPRESENTATION OF THE PEOPLE ACT 1983

    1. 3.11.1. Interpretation and application

    2. 3.11.2. Initiation of proceedings

    3. 3.11.3. Security for expenses by bond of caution

    4. 3.11.4. Objections to bond of caution

    5. 3.11.5. Security by deposit

    6. 3.11.6. Amendment of pleadings

    7. 3.11.7. Notice of date and place of trial

    8. 3.11.8. Clerk of court

    9. 3.11.9. Shorthand writer’s charges

    10. 3.11.10. Appeals

    11. 3.11.11. List of votes objected to and of objections

    12. 3.11.12. Petition against undue return

    13. 3.11.13. Prescribed officer

    14. 3.11.14. Leave to abandon

    15. 3.11.15. Death of petitioner

    16. 3.11.16. Notice by respondent that he does not oppose petition

    17. 3.11.17. Application to be admitted as respondent

    18. 3.11.18. Public notice of trial not proceeding

    19. 3.11.19. Notice to a party’s agent sufficient

    20. 3.11.20. Cost of publication

    21. 3.11.21. Expenses

  18. PART XII REQUESTS OR APPLICATIONS UNDER THE MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION

    1. 3.12.1. Interpretation

    2. 3.12.2. Application

    3. 3.12.3. Recognition and enforcement of awards

  19. PART XIII SEX DISCRIMINATION ACT 1975

    1. 3.13.1. Interpretation

    2. 3.13.2. Application

    3. 3.13.3. Taxation of Commission expenses

    4. 3.13.4. Proceedings under section 66 of the Act

  20. Signature

    1. SCHEDULE 1

      FORMS

    2. SCHEDULE 2

      REVOCATIONS

      1. (1) (2) (3) Act of Sederunt Reference Extent of Revocation...

        1. (1) (2) (3) Act of Sederunt Reference Extent of Revocation...

      2. TABLE OF DERIVATIONS

        1. In this Table— “the 1907 Act” means the Sheriff Courts...

      3. TABLE OF DESTINATIONS

        1. In this Table, “1999 Rules” means the Act of Sederunt...

  22. Explanatory Note

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