Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Miscellaneous) 2004

Explanatory Note

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

This Act of Sederunt makes miscellaneous amendments to the Rules of the Court of Session 1994 (S.I. 1994/1443) (“the Rules”).

Paragraph 2(2) makes a minor amendment to the rules relating to bonds of caution to remove any reference to the bond of caution or security being given by an insurance company authorised under the Insurance Companies Act 1982.

Paragraph 2(3) introduces procedure for letters of request for evidence to be taken under European Council Regulation 1206/2001 on the taking of evidence in civil and commercial matters. A form for an application by minute is prescribed and rules are made in relation to the applicant’s liability for expenses and the documents to accompany any letter of request. New rules are introduced to provide for intimation between the parties, the court that has been sent the request and the witness.

Paragraph 2(4) amends rule 43.1(3) to clarify that pleas-in-law are not required in answers by third parties in personal injury cases.

Paragraph 2(5) and (6) introduces a new rule requiring a declaration to be lodged with a petition for sequestration stating that the sequestration is not prohibited under the Debt Arrangement Scheme (Scotland) Regulations 2004 due to the existence of a debt payment programme.

Paragraph 2(7) introduces a new chapter to provide a mechanism for the OFT to be advised of actions that are raised involving issues under Article 81 or 82 of the Treaty establishing the European Community.

Paragraph 2(8) inserts new forms in relation to the request to take evidence in a court in a European Community Member State, the form of declaration in a petition for sequestration, and the form of notice of intimation to Office of Fair Trading.