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(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Rules of the Court of Session 1994 and the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 in consequence of modifications made by the Coronavirus (Scotland) (No.2) Act 2020 (asp 10) to the Public Services Reform (Scotland) Act 2010 (asp 8). The modifications provide that the Scottish Ministers may apply for an emergency intervention order in relation to a care home service in certain situations. The amendments made in paragraphs 2 and 4 of this instrument make provision for how those (and ancillary) orders are to be sought.
This instrument also amends the Ordinary Cause Rules 1993 to insert two new rules. First, a new rule which permits the sheriff to convene a proof management hearing with a view to dealing with any proof which has been disrupted so as to enable it to re-start. Second, a rule which permits the sheriff, on the sheriff’s own motion, to vary the timetable of a personal injury action under Chapter 36 where satisfied that doing so would serve the efficient determination of the action and, in consequence, discharge any diet previously set under the rule mentioned or sist the action.
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