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

CHAPTER 1GENERAL

Citation and commencement

1.1—(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 and shall come into force on 1st July 1999.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Interpretation

1.2—(1) In this Act of Sederunt, unless the context otherwise requires–

“Ordinary Cause Rules” means the First Schedule to the Sheriff Courts (Scotland) Act 1907(1);

“sheriff clerk” includes sheriff clerk depute; and

“summary application” has the meaning given by section 3(p) of the Sheriff Courts (Scotland) Act 1907.

(2) Unless the context otherwise requires, any reference in this Act of Sederunt to a specified Chapter, Part or rule shall be construed as a reference to the Chapter, Part or rule bearing that number in this Act of Sederunt, and a reference to a specified paragraph, sub-paragraph or head shall be construed as a reference to the paragraph, sub-paragraph or head so numbered or lettered in the provision in which that reference occurs.

(3) Any reference in this Act of Sederunt to a numbered Form shall, unless the context otherwise requires, be construed as a reference to the Form so numbered in Schedule 1 to this Act of Sederunt and includes a form substantially to the same effect with such variation as circumstances may require.

Revocation

1.3  The Acts of Sederunt mentioned in column (1) of Schedule 2 to this Act of Sederunt are revoked to the extent specified in column (3) of that Schedule.

Application

1.4  Unless otherwise provided in this Act of Sederunt or in any other enactment, any application or appeal to the sheriff shall be by way of summary application and the provisions of Chapter 2 of this Act of Sederunt shall apply accordingly.