
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994) 1994 and shall come into force on 5th September 1994.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
2 
The provisions of Schedule 2 to this Act of Sederunt shall have effect for the purpose of providing new rules for the Court of Session.
3 

(1) The enactments mentioned in Schedule 3 to this Act of Sederunt shall have effect subject to the amendments there specified.
(2) The enactments mentioned in Schedule 4 to this Act of Sederunt, being enactments relating to matters in respect of which the rules specified in the fourth column of that Schedule are made, are repealed to the extent specified in the third column of that Schedule.
(3) Subject to paragraphs (5) and (6) below, the Acts of Sederunt mentioned in Schedule 5 to this Act of Sederunt are revoked to the extent specified in the third column of that Schedule.
(4) All Acts of Sederunt to the extent that they relate to practice or procedure in the Court of Session made before 10th November 1964 (being the date on which the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 was made) are, in so far as still in force, revoked.
(5) No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to fees and outlays of solicitors, witnesses' fees and allowances or shorthand writers' fees shall affect fees or allowances in respect of anything done, or outlays incurred, before the date on which this Act of Sederunt comes into force.
(6) No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to interest on decrees or extracts shall affect interest included in or exigible under a decree pronounced or an extract extracted before the coming into force of this Act of Sederunt.
J.A.D. Hope
Lord President, IPD
Edinburgh
31st May 1994
SCHEDULE 1
Preamble


Column 1 Column 2 Column 3
Relavant enactment conferring power Relevant amending enactment Relevant provision in Schedule 2
Section 34A of the Judicial Factors Act 1849 (c. 51) Inserted by section 67 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) Rules 61.31 and 61.32
Section 40 of the Judicial Factors Act 1849 Amended by paragraph 15 of Schedule 1 to the Age of Legal Capacity (Scotland) Act 1991 (c. 50) Chapter 61
Section 11B of the Judicial Factors Act 1889 (c. 39) Inserted by paragraph 4 of Schedule 7 to the Bankruptcy (Scotland) Act 1985 (c. 66) Rules 61.9 and Part II of Chapter 61
Section 21 of the Judicial Factors Act 1889  Chapter 61
Section 4 of the Court of Session Consignations (Scotland) Act 1895 (c. 19)  Rule 33.12(4)
Section 11 of the Administration of Justice Act 1920 (c. 81)  Part II of Chapter 62
Section 12(b) of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13)  Part II of Chapter 62
Section 1(1) of the Public Records (Scotland) Act 1937 (c. 43) Amended by section 1(3) and (7) of the Public Registers and Records (Scotland) Act 1948 (c. 57) Rule 9.1
Section 1(2) of the Public Records (Scotland) Act 1937  Rule 9.2
Section 58C of the Trade Marks Act 1938 (c. 22) Inserted by section 300 of the Copyright, Designs and Patents Act 1988 (c. 48) Rules 55.17
Section 8(4) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19) Amended by section 52(5) of the Court of Session Act 1988 (c. 36) Rules 32.3 and 32.7
Section 7(b) of the Arbitration (International Investment Disputes) Act 1966 (c. 41)  Part III of Chapter 62
Section 1(3) of the Administration of Justice (Scotland) Act 1972 (c. 59)  Chapter 64
Paragraph 5 of Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45)  Rule 49.1(3)
Sections 47(6) and 102(1) and (3) of the Children Act 1975 (c. 72) Section 102 was amended by Schedule 4 to the Adoption Act 1976 (c. 36) Rule 49.20
Section 48(1) of the Children Act 1975 Amended by Schedule 2 to the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9) Rules 49.8(3)(g) and 49.20
Section 11 of the Divorce (Scotland) Act 1976 (c. 39)  Rule 49.17
Section 15 of the Presumption of Death (Scotland) Act 1977  Chapter 50
Section 92(4) of the Patents Act 1977 (c. 37)  Rule 66.7
Section 59(1) of the Adoption Act 1978 (c. 28)  Chapter 67
Section 57(4) of the Solicitors (Scotland) Act 1980 (c. 46) Amended by Schedule 2 to the Solicitors (Scotland) Act 1988 (c. 42) and section 37(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 Rules 68.2(1) and 68.3
Section 4 of the Civil Jurisdiction and Judgments Act 1982 (c. 27) Extended by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993 [S.I. 1993/604] Rule 62.28
Section 12 of the Civil Jurisdiction and Judgments Act 1982 Extended by the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993 Rule 62.40
Section 48 of the Civil Jurisdiction and Judgments Act 1982  Part V of Chapter 62
Section 9(5) of the Merchant Shipping (Liner Conferences) Act 1982 (c. 37)  Part VI of Chapter 62
Sections 121(3) and (4) and 185 of the Representation of the People Act 1983 (c. 2)  Rules 69.2 and 69.3
Sections 136(2)–(4) and (7) and 185 of the Representation of the People Act 1983 Amended by paragraph 48 of Schedule 4 to the Representation of the People Act 1985 (c. 50) Rule 69.4
Sections 138(1) and 185 of the Representation of the People Act 1983  Rule 69.8
Sections 139(1) and 185 of the Representation of the People Act 1983  Rule 69.9
Sections 146(1) and 185 of the Representation of the People Act 1983  Rule 69.18
Sections 147(1) and (2) and 185 of the Representation of the People Act 1983  Rule 69.19
Sections 152(3) and 185 of the Representation of the People Act 1983  Rule 69.20
Sections 153(1) and 185 of the Representation of the People Act 1983  Rule 69.25
Section 10 of the Child Abduction and Custody Act 1985 (c. 60)  Parts I and II of Chapter 70
Section 24 of the Child Abduction and Custody Act 1985  Parts I and III of Chapter 70
Section 1A(1)(b) of the Bankruptcy (Scotland) Act 1985 (c. 66) Inserted by section 1(1) of the Bankruptcy (Scotland) Act 1993 (c. 6) Rule 72.6(1)
Section 14(4) of the Bankruptcy (Scotland) Act 1985 Amended by paragraph 3 of Schedule 1 to the Bankruptcy (Scotland) Act 1993 Rule 72.6(3)
Section 62(2) of the Bankruptcy (Scotland) Act 1985  Rule 72.5
Paragraph 2 of Schedule 5 to the Bankruptcy (Scotland) Act 1985  Rule 72.6(3) and (4)
Section 27 of the Family Law Act 1986 (c. 55)  Rule 71.3
Section 28 of the Family Law Act 1986  Rule 71.6
Section 90(4) of the Debtors (Scotland) Act 1987 (c. 18)  Rule 16.15(1)(i)
Section 102 of the Debtors (Scotland) Act 1987  Part II of Chapter 16
Section 8(4) of the Criminal Justice (Scotland) Act 1987 (c. 41)  Rule 76.4(2)
Section 22 of the Criminal Justice (Scotland) Act 1987  Rules 76.10 to 76.14
Section 28(1) of the Criminal Justice (Scotland) Act 1987  Part VII of Chapter 62
Section 46 of the Criminal Justice (Scotland) Act 1987  Rules 76.3(2) and 76.7(2)
Section 7(e) of the Multilateral Investment Guarantee Agency Act 1988 (c. 8)  Part VIII of Chapter 62
Section 91(1) and (2) of the Criminal Justice Act 1988 (c. 33)  Part VII of Chapter 62
Section 6(i) of the Court of Session Act 1988  Chapter 3
Section 6(ii) of the Court of Session Act 1988  Rules 14.2 and 14.3
Section 6(iii) of the Court of Session Act 1988  Rules 46.2, 46.3 and 46.5
Section 6(iv) of the Court of Session Act 1988  Rules 46.2 and 46.4
Section 6(v) of the Court of Session Act 1988  Chapter 25
Section 6(vi) of the Court of Session Act 1988  Part II of Chapter 63
Section 6(vii) of the Court of Session Act 1988  Rule 13.6(b)
Section 26(2) of the Court of Session Act 1988  Rule 77.10
Section 26(3) of the Court of Session Act 1988  Rule 77.3
Sections 28 and 51 of the Court of Session Act 1988  Chapter 38
Sections 29(1) and 51 of the Court of Session Act 1988  Rules 39.1 to 39.5
Sections 34 and 51 of the Court of Session Act 1988  Rule 53.1 and Chapter 60
Sections 48(2)(b) and 51 of the Court of Session Act 1988 Section 48(2)(b) was substituted by paragraph 38 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 Rule 23.14
Sections 49(1) and 51 of the Court of Session Act 1988  Rule 58.1(3)
Section 114(3) of the Copyright, Designs and Patents Act 1988 (c. 48)  Rule 55.17(2)
Section 204(3) of the Copyright, Designs and Patents Act 1988  Rule 55.17(2)
Section 231(3) of the Copyright, Designs and Patents Act 1988  Rule 55.17(2)
Paragraph 11(2) of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)  Rule 76.24
Paragraph 19(1)–(3) of Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989  Part VII of Chapter 62
Section 8(1) to the Access to Health Records Act 1990 (c. 23)  Rule 79.3
SCHEDULE 2
Paragraph 2
CHAPTER 1
1.1 
These Rules may be cited as the Rules of the Court of Session 1994.
1.2 
These Rules apply to any cause whether initiated before or after the coming into force of these Rules.
1.3 
–
(1) In these Rules, unless the context otherwise requires–
 “the Act of 1988” means the Court of Session Act 1988;
 “act” means an order of the court which is extractable, other than a decree;
 “agent”, except in rule 16.2(2)(e) (service furth of United Kingdom by party’s authorised agent) and rule 16.14(1) (arrestment of cargo), means a solicitor or person having a right to conduct the litigation:
 “the Auditor” means the Auditor of the Court of Session;
 “cause” means any proceedings;
 “clerk of court” means the clerk of session acting as such;
 “clerk of session” means a depute clerk of session or an assistant clerk of session, as the case may be;
 “counsel” means a practising member of the Faculty of Advocates;
 “depute clerk of session” means a depute clerk of session and justiciary;
 “Deputy Principal Clerk” means the Deputy Principal Clerk of Session;
 “document” has the meaning assigned to it in scection 9 of the Civil Evidence (Scotland) Act 1988;
 “the Extractor” means the Extractor of the Court of Session or the Extractor of the acts and decrees of the Teind Court, as the case may be;
 “Keeper of the Records” means the Keeper of the Records of Scotland;
 “Keeper of the Registers” means the Keeper of the Registers of Scotland;
 “other person having a right of audience” means a person having a right of audience before the court by virtue of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (legal services) in respect of the category and nature of the cause in question;
 “party” means a person who has entered appearance in an action or lodged a writ in the process of a cause (other than a minuter seeking leave to be sisted to a cause); and “parties” shall be construed accordingly;
 “period of notice” means–
(a) in relation to service, or intimation on a warrant for intimation before calling, of a summons, the period determined in accordance with rule 13.4 (period of notice in summonses); and
(b) in relation to service of any other writ, intimation of a writ other than intimation referred to in sub-paragraph (a), or the period for lodging answers to a writ, the period determined in accordance with rule 14.6 (period of notice for lodging answers);
 “person having a right to conduct the litigation” means a person having a right to conduct litigation by virtue of Part II of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 in respect of the category and nature of the cause in question;
 “Principal Clerk” means the Principal Clerk of Session and Justiciary;
 “principal writ” means the writ by which a cause is initiated before the court;
 “proof” includes proof before answer;
 “rolls” means the lists of the business of the court issued from time to time by the Keeper of the Rolls;
 “send” includes deliver; and “sent” shall be construed accordingly;
 “step of process” means a document lodged in process other than a production;
 “summons” includes the condescendence and pleas-in-law annexed to it;
 “vacation judge” means a judge of the court sitting as such in vacation;
 “writ” means summons, petition, note, application, appeal, minute, defences, answers, counter-claim, issue or counter-issue, as the case may be.
(2) for the purpose of these Rules–
(a) “affidavit” includes an affirmation and a statutory or other declaration; and
(b) an affidavit shall be sworn or affirmed before a notary public or any other competent authority.
(3) Where a power is conferred in these Rules on the Lord President to make directions, the power may be exercised in his absence by the Lord Justice-Clerk.
(4) Where a provision in these Rules imposes an obligation on a principal officer, the obligation may be performed by a clerk of session authorised by him or by another principal officer; and in this paragraph “principal officer” means the Principal Clerk, Deputy Principal Clerk, Deputy Principal Clerk (Administration), Keeper of the Rolls or Principal Extractor.
(5) Unless the context otherwise requires, where a provision in these Rules requires a party to intimate, give written intimation, or send a document, to another party, it shall be sufficient compliance with that provision if intimation is given or the document is sent, as the case may be, to the agent acting in the cause for that party.
(6) Unless the context otherwise requires, anything done or required to be done by a party under a provision in these Rules may be done by the agent for that party acting on his behalf.
(7) Where a provision in these Rules requires a document to be lodged in an office or department of the Office of Court within or not later than  a specified period and the last day of that period is a day on which that office or department is closed, the period shall be extended to include the next day on which that office or department, as the case may be, is open or on such other day as may be specified in a notice published in the rolls.
(8) Unless the context otherwise requires, a reference to a specified Chapter, Part, rule or form is a reference to the Chapter, Part, rule, or the form in the appendix, so specified in these Rules; and a reference to a specified paragraph, sub-paragraph or head is a reference to that paragraph of the rule or form, that sub-paragraph of the paragraph or that head of the sub-paragraph, in which the reference occurs.
1.4 
Where there is a reference to the use of a form in these Rules, that form in the appendix to these Rules, or a form substantially to the same effect, shall be used with such variation as circumstances may require.
 1.5  
The Lord President may, by direction, specify such arrangements as he considers necessary for, or in connection with, the appearance in court of the Advocate General for Scotland.
CHAPTER 2
2.1 
–
(1) The court may relieve a party from the consequences of a failure to comply with a provision in these Rules shown to be due to mistake, oversight or other excusable cause on such conditions, if any, as the court thinks fit.
(2) Where the court relieves a party from the consequences of a failure to comply with a provision in these Rules under paragraph (1), the court may pronounce such interlocutor as it thinks fit to enable the cause to proceed as if the failure to comply with the provision had not occurred.
2.2. 

(1) Subparagraph (2) applies where, for any reason, the Lord President is of the opinion that an aspect of the procedure which would otherwise apply to particular proceedings, or proceedings of a particular description, is unsuitable for the efficient disposal of those proceedings.
(2) The Lord President may direct that that aspect of the procedure is not to apply in respect of those proceedings and that such other procedure as he directs is to apply instead.
(3) Before making such a direction the Lord President must consult—
(a) in the case of particular proceedings, the parties;
(b) in the case of proceedings of a particular description, the parties of any proceedings falling within the description which have already been raised.
CHAPTER 3
3.1 
–
(1) The Office of Court shall comprise–
(a) the General Department;
(b) the Petition Department;
(c) the Rolls Department;
(d) the Extracts Department; and
(e) the Teind Office;
but shall not include the office of the Accountant of Court or the Auditor.
(2) Each department of the Office of Court shall be under the charge of an officer who shall act under the dir ection of the Principal Clerk in consultation with the Lord President.
3.2 
–
(1) The General Department shall be under the charge of the Deputy Principal Clerk.
(2) There shall be lodged in the General Department all processes in–
(a) causes originating in the court and initiated by summons or simplified divorce application;
(b) appeals from inferior courts, remits from the sheriff court, appeals, including references, submissions and applications of the nature of appeals under statute, stated cases and special cases;
(c) causes transmitted from the sheriff court on contingency; and
(d) appeals to the Lands Valuation Appeal Court.
(3) All processes lodged in the General Department shall be classified as–
(a) ordinary actions;
(b) Admiralty and commercial actions;
(c) family (including consistorial) actions; or
(d) lands valuation causes.
3.3 
–
(1) The Petition Department shall be under the charge of the Deputy Principal Clerk.
(2) There shall be lodged in the Petition Department all processes in causes which are initiated by petition.
3.4 
–
(1) The Rolls Department shall be under the charge of the Keeper of the Rolls, who shall be assisted by a clerk of session known as the Assistant Keeper of the Rolls.
(2) The Keeper of the Rolls shall be responsible for keeping the rolls of the court in consultation with the Lord President, the Lord Justice-Clerk and the Principal Clerk.
3.5 
–
(1) The Extracts Department shall be under the charge of the Principal Extractor who shall be assisted by a clerk of session known as the Extractor.
(2) The Principal Extractor shall be responsible for extracting the acts and decrees of the court except those in teind causes.
(3) Subject to rule 3.6(3) (duties of the clerk of teinds), the Extractor shall be the Keeper of–
(a) the Register of Acts and Decrees;
(b) the Register of Edictal Citations and Executions of Diligence; and
(c) the Register of Decrees in Consistorial Causes.
(4) As Keeper of the Register of Edictal Citations and Executions of Diligence, the Extractor shall–
(a) record on the copy of the schedule of diligence received by him the date of its receipt at his office;
(b) record the details of that schedule and its receipt in the register;
(c) preserve that schedule and any citation for a period of three years from the date of receipt of the schedule or citation, as the case may be; and
(d) make the register and schedules of diligence and citations executed on him available for inspection at his office during its normal business hours.
3.6 
–
(1) The Teind Office shall be under the charge of a clerk of session known as the clerk of teinds.
(2) There shall be lodged in the Teind Office all processes which are dealt with by the Teind Court or the Lord Ordinary in teind causes.
(3) The clerk of teinds shall–
(a) keep and index the records and processes in the Teind Office; and
(b) be the Keeper of the Teind Rolls and the Keeper of the Minute Book of the Teind Court.
3.6A 
Any register kept by the Court, whether or not under or by virtue of these Rules, may be kept either–
(a) in documentary form; or
(b) in electronic form (that is to say in a form accessible only by electronic means).
3.7 
The Auditor shall be responsible for the taxation of accounts of expenses in any cause.
CHAPTER 4
4.1 
–
(1) In an action or petition, the principal summons or petition, as the case may be, shall be on a printed form approved by the court, completed in writing, typescript or print and backed with a printed backing approved by the court.
(2) A writ, other than a principal summons or petition, bringing a cause before the court shall be in writing, typescript or print, on paper of a texture and size approved by the court and backed with cartridge paper or paper of similar durability.
(3) A step of process lodged in a cause shall be in writing, typescript or print, on paper of a texture and size approved by the court and, except in the case of a motion, backed with cartridge paper or paper of similar durability.
(4) A step of process other than a motion shall be securely fastened, folded and backed lengthwise and shall bear, on the first page and on the backing, a delimited square for the cause reference number assigned to the principal writ on being lodged.
4.2 
–
(1) Subject to paragraph (5), each page of a summons and the condescendence and pleas-in-law annexed to it shall be signed by an agent.
(2) Subject to paragraph (5), a letter passing the signet shall be signed by an agent.
(3) Subject to paragraphs (5) and (9), a petition, note, application or minute shall be signed by counsel or other person having a right of audience, except that–
(a) a petition for the sequestration of the estates of the petitioner, or for recall of his sequestration, may be signed by the petitioner or an agent;
(b) a petition for suspension, suspension and interdict or suspension and liberation may be signed by an agent;
(c) a simplified divorce application under rule 49.73 shall be signed by the applicant;
(cc) a petition in form 61.2 shall be signed only by the Accountant of Court;
(d) an application for registration under Chapter 62 (recognition, registration and enforcement of foreign judgments etc.) may be signed by the petitioner or an agent; 
(dd) a petition by the Council of the Law Society of Scotland for a person’s admission as (either or both)—
(i) a solicitor;
(ii) a notary public,
may be signed by any officer of the Society who is authorised by the Council to do so; and
(e) a minute for variation of custody may be signed by a party litigant.
(f) an application in Form 106.2 or Form 106.7 may be signed by the applicant or an agent.
(4) Subject to paragraph (9), defences, answers and other writs (other than appeals) not referred to in paragraphs (1), (2) and (3), shall be signed by counsel or other person having a right of audience, or, in the case of a party litigant, the party litigant.
(5) Where a party litigant is unable to obtain the signature of counsel or other person having a right of audience or an agent on a document as required by paragraph (1), (2) or (3), he may request the Deputy Principal Clerk to place the document before the Lord Ordinary for leave to proceed without such signature; and the decision of the Lord Ordinary shall be final and not subject to review.
(6) Where the Lord Ordinary grants leave to proceed under paragraph (5), the interlocutor granting leave shall be written and signed on the face of the document and the party litigant shall sign the document.
(7) Where an agent signs a document under this rule, he shall append to his signature his business address–
(a) in the case of a summons, at the end of the first page and on the last page after the pleas-in-law; and
(b) in the case of any other document, at the end of the last page.
(8) Where counsel or other person having a right of audience has signed a writ, he shall be regarded as the drawer of it and answerable for what it contains.
(9) The following documents shall not require any signature:–
(a) a minute of amendment;
(b) answers to a minute of amendment;
(c) a minute of sist;
(d) a minute of transference;
(e) a minute of objection to a minute of transference;
(f) a note of objection.
4.3 
A process shall be lodged in every cause commenced by summons or petition when–
(a) in the case of a summons, the summons is presented for signeting; and
(b) in the case of a petition, the petition is presented to the Petition Department.except that the foregoing provisions of this rule shall not apply where the petition is in form 61.2
4.4 
–
(1) A process shall include the following steps of process:–
(a) an inventory of process;
(b) the principal writ;
(c) an interlocutor sheet;
(d) a motion sheet; and
(e) a minute of proceedings.
(2) A step of process referred to in paragraph (1), other than the principal writ, shall contain at least two pages.
(3) A step of process shall be assigned a number of process which shall be marked on the backing with the cause reference number of the principal writ and recorded in the inventory of process.
4.5 
–
(1) On each occasion a production is lodged in process–
(a) an inventory of productions shall be lodged in process; and
(b) a copy of the inventory of productions shall be sent to every other party.
(2) A production shall be–
(a) marked with a number of process with the cause reference number assigned to the principal writ; and
(b) if consisting of more than one sheet, securely fastened together.
4.6 
–
(1) A party lodging a step of process shall–
(a) give written intimation of the lodgment of it to every other party; and
(b) subject to any other provision in these Rules, send a copy of the step of process lodged to every such party.
(2) A clerk of session shall not mark a step of process as received until a certificate of intimation has been endorsed on it.
4.7 
–
(1) A party, on lodging in a cause in the Inner House–
(a) a petition or note,
(b) an appeal, application for leave to appeal, stated case, special case, case, reference or submission,
(c) answers,
(d) a reclaiming print required under rule  38.5(2)... (reclaiming prints for reclaiming motions),
(e) a print of the whole pleadings and other documents required under rule 39.1(4) (print of pleadings etc. for motion for new jury trial),
(f) an appeal print required under rule  40.7(2)(b)  (appeal print in appeal from inferior court), or
(g) an appendix required under rule 38.19 (lodging of appendices in reclaiming motions),  39.8  (lodging of appendix in application for new trial) or  40.19  (lodging of appendices in appeals from inferior court),
shall lodge in process six copies of the document; and, unless otherwise agreed, send six copies of it to every other party.
(2) Where a party intends to refer to a document, other than one mentioned in paragraph (1) at a hearing before a Division of the Inner House, he shall lodge four copies of it in process by 12 noon on the second sederunt day before the hearing.
4.8 
–
(1) A clerk of session shall refuse to accept a copy of a document for the use of the court which does not conform to a standard approved by the court in size, spacing, lettering, legibility, quality of paper or otherwise.
(2) A party tendering a document which is refused by a clerk of session shall have the right to apeal in writing to the Deputy Principal Clerk.
(3) Where the Deputy Principal Clerk refuses an appeal under paragraph (2), he may extend the time for lodging the document.
(4) A decision of the Deputy Principal Clerk under this rule shall be final and not subject to review.
4.9 
–
(1) Where the court pronounces an interlocutor ordering or allowing a document to be lodged in process, it shall specify a time within which the document shall be lodged.
(2) The time for lodging a document referred to in paragraph (1) may be prorogated by the court on an application by motion enrolled before the time for lodging has expired.
(3) A document lodged in process, in terms of an interlocutor ordering or allowing it to be lodged, shall have marked on it–
(a) the date of the interlocutor ordering or allowing it to be lodged;
(b) the date of any interlocutor prorogating the time originally allowed; and
(c) the time allowed for lodging it.
4.10 
–
(1) Subject to paragraph (2), a clerk of session shall mark the date of receipt on every document lodged in process other than a production.
(2) A clerk of session shall not accept, or mark as received, a document after the day on which it is due to be lodged.
4.11 
–
(1) Subject to paragraph (2), a writ shall remain in the Office of Court and shall not be borrowed from process, but may be inspected by any person having an interest.
(2) Paragraph (1) shall not apply to–
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a party borrowing his principal writ for the purposes of service or intimation; or
(c) a party borrowing his writ for the purpose of writing on it and authenticating an amendment which has been made.
(3) The following steps of process shall not be borrowed from process:–
(a) the inventory of process;
(b) the interlocutor sheet;
(c) the motion sheet;
(d) the minute of proceedings;
(e) any inventory of productions;
(f) the principal copy of a report ordered by the court and lodged in process;
(g) the principal or any copy of a bond of caution or a consignation receipt lodged in process; and
(h) the principal copy of any other document by which an order of the court to find caution or give security is satisfied and lodged in process until the order is recalled.
4.12 
–
(1) A party borrowing a document which may be borrowed shall give a receipt for it, dated and signed, on the inventory of process.
(2) Subject to paragraph (3), before a clerk of session accepts a document for return to process, he shall–
(a) compare it with the inventory of process and receipt in the presence of the person returning it, delete the receipt and initial and date the deletion; or
(b) in the case of a partial return, mark on the inventory of process the document so returned and initial and date the entry.
(3) Where the document being returned is bulky so that it cannot be examined conveniently at the time–
(a) a clerk of session shall not accept the document without a separate slip accompanying it, dated and signed by the party returning it, specifying the number of process so returned; and
(b) the clerk of session receiving it shall examine it before the close of the following business day and give written intimation to the party returning it of any inaccuracy in the slip accompanying it.
(4) Where written intimation is not given under paragraph (3)(b), the accuracy of the slip shall be presumed and the party returning the document shall be exonered as if the receipt had been deleted under paragraph (2)(a) or marked under paragraph (2)(b), as the case may be.
(5) A party returning more than one document shall ensure that the documents returned are arranged in consecutive order according to the inventory of process; and a clerk of session may refuse to accept documents which are not so arranged.
(6) The court may, on the motion of a party, ordain any other party who has borrowed a document to return that document within such period as the court think`s fit.
4.13 
No step of process may be borrowed after a final extract has been issued.
4.14 
–
(1) Where–
(a) a principal writ,
(b) other pleadings, or
(c) an interlocutor sheet,
is lost or destroyed, a copy of it may be substituted which is proved in the cause to the satisfaction of the court and authenticated in such manner as the court thinks fit.
(2) A copy of a document substituted under paragraph (1) shall be equivalent to the original for the purposes of the cause and the process of which it forms a part, including the use of diligence.
4.15 
–
(1) This rule applies to interlocutors pronounced in the Outer House.
(2) Subject to  paragraphs (3) and (3A), an interlocutor pronounced by the Lord Ordinary may be written by the clerk of court and shall be signed by the Lord Ordinary.
(3) Subject to any direction he may be given by the Lord Ordinary, a depute clerk of session may sign an interlocutor, other than a final interlocutor, in respect of a motion which is not starred; and that interlocutor shall be treated for all purposes as if it had been signed by the Lord Ordinary.
(3A) Subject to any direction he may be given by the Lord Ordinary, an assistant clerk of session may sign an interlocutor, other than a final interlocutor, in respect of a motion which is intimated and enrolled in accordance with Part 2 of Chapter 23 and which is not starred; and that interlocutor shall be treated for all purposes as if it had been signed by the Lord Ordinary.
(4) An interlocutor may be signed during session or in vacation.
(5) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.
(6) An interlocutor may, on cause shown, be corrected or altered at any time before extract by–
(a) the Lord Ordinary who signed it or on whose behalf it was signed; or
(b) in the event of the death, disability or absence of the Lord Ordinary, any other judge of the court.
4.16 
–
(1) This rule applies to interlocutors pronounced in the Inner House , except interlocutors mentioned in rule 4.16A (Inner House interlocutors relating to procedural business).
(2) Subject to paragraph (3), an interlocutor of the Inner House may be written by the clerk of court and shall be adjusted and signed by–
(a) the judge who presided in the Division of the Inner House when the matter to be dealt with in the interlocutor was determined, or
(b) in the event of the death, disability or absence of that judge, the next senior judge who sat in that Division when the matter to be dealt with in the interlocutor was determined,
as soon as reasonably practicable and after such consultation as may be necessary with the other members of the Division who sat.
(3) An interlocutor of the Inner House in respect of a motion which is not starred shall be adjusted and signed by the judge presiding at the time when the motion was brought before the Division of the Inner House.
(4) An interlocutor may be signed during session or in vacation.
(5) The judge signing an interlocutor of the Inner House shall append the letters “I.P.D.” to his signature as conclusive evidence that the requirements of the preceding paragraphs of this rule have been complied with.
(6) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.
(7) An interlocutor may, on cause shown, be corrected or altered at any time before extract by–
(a) the judge who signed it; or
(b) in the event of the death, disability or absence of that judge, the next senior judge of the same Division of the Inner House.
4.16A. 

(1) This rule applies to interlocutors pronounced in the Inner House in relation to procedural business dealt with by a procedural judge within the meaning of rule 37A.1 (quorum of Inner House for certain business) and rule 37A.2 (procedural judges in the Inner House).
(2) An interlocutor may be written by the clerk of court and shall be adjusted and signed by the procedural judge who determined the matter dealt with in the interlocutor.
(3) An interlocutor may be signed during session or in vacation.
(4) An extract of an interlocutor which is not signed in accordance with the provisions of this rule shall be void and of no effect.
(5) An interlocutor may, on cause shown, be corrected or altered at any time before extract by—
(a) the judge who signed it; or
(b) in the event of the death, disability or absence of that judge, any other procedural judge.
CHAPTER 5
5.1 
Without prejudice to rule 5.1A., a person may only lodge a caveat against–
(a) an interim interdict sought in an action before he has lodged defences;
(b) an interim order sought in an action before the expiry of the period within which he could enter appearance;
(c) an interim order (other than an order under section 1 of the Administration of Justice (Scotland) Act 1972 (orders for inspection of documents and other property, etc.) sought in a petition before he has lodged answers;
(d) an order for intimation, service and advertisement of a petition to wind up, or to appoint an administrator to, a company in which he has an interest; and
(e) an order for intimation, service and advertisement of a petition for his sequestration.
5.1A 

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A caveat shall not be lodged against an order for intimation, service and advertisement of a petition for—
(a) a bank insolvency order under rule 74.35;
(b) a bank administration order under rule 74.45;
(c) a building society special administration order under rule 74.51; or
(d) a building society insolvency order under rule 74.52.
5.2 
–
(1) A caveat shall be in Form 5.2 and shall be lodged in the Petition Department.
(2) A caveat shall remain in force for a period of one year from the date on which it was lodged and may be renewed on its expiry for a further period of a year and yearly thereafter.
CHAPTER 6
6.1 
The rolls shall be printed and published, and delivered to subscribers, under directions made from time to time by the Lord President.
6.2 
–
(1) This rule applies to the fixing and allocation of diets in the Outer House.
(2) The court shall not proceed to fix a diet where–
(a) a proof is allowed;
(b) issues are approved; or
(c) a cause is appointed to the Procedure Roll.
(2A) Where a party enrols a motion for a cause to be appointed to the Procedure Roll he shall include in the enrolled motion his estimate of the likely duration of the Procedure Roll hearing.
(2B) If any other party considers that the estimate included under paragraph (2A) is too low, he shall record upon the enrolled motion his own estimate.
(2C) On such papers (whether or not the closed record) as are transmitted to the Keeper of the Rolls for the purposes of his carrying out the functions conferred on him by paragraphs (3) and (4), the clerk of court shall note the estimate provided in pursuance of paragraph (2A) unless a higher estimate is recorded under paragraph (2B), in which case the note shall only be of the higher (or as the case may be the highest) estimate so recorded.
(3) Subject to paragraph (4), a cause appointed to the Procedure Roll may be put out for hearing by the Keeper of the Rolls in the course of any week where, unless the parties otherwise agree, the diet has been published in the rolls on Thursday of the preceding week.
(4) Where a hearing on the Procedure Roll is anticipated to be of some length or complexity, the parties may arrange a fixed diet with the Keeper of the Rolls.
(5) When a party enrols for a proof to be allowed or issues to be approved in a cause depending before the Outer House he shall include in the enrolled motion his estimate of the likely duration of the proof or jury trial and request that the diet be allocated accordingly.
(6) If any other party considers that the estimate so included is too low, he shall record upon the enrolled motion his own estimate.
(7) On such papers (whether or not the closed record) as are transmitted to the Keeper of the Rolls for the purpose of his allocating the diet, the clerk of court shall note the estimate provided in pursuance of paragraph (5) unless a higher estimate is recorded under paragraph (6), in which case the note shall only be of the higher (or as the case may be the highest) estimate so recorded; and the Keeper of the Rolls shall allocate the diet of proof or jury trial accordingly and give written intimation of it to each party.
(7A) Any estimate included or recorded by a party under paragraph (2A), (2B), (5) or (6) shall be certified in Form 6.2 by any counsel or other person having a right of audience instructed by that party to represent him at the Procedure Roll hearing, proof, or jury trial, as the case may be.
(7B) A certificate under paragraph (7A) shall be lodged–
(a) where it relates to an estimate included under paragraph (2A) or (5), at the time of enrolling the motion mentioned in that paragraph;
(b) where it relates to an estimate recorded under paragraph (2B) or (6), at the time of recording that estimate.
(7C) Where a party’s original estimate of the duration of any diet changes, that party shall lodge a further Form 6.2 no later than 14 days before the date of any Procedure Roll hearing, proof or jury trial.
(13) An application for the allocation of a special diet may be made to the Keeper of the Rolls–
(a) on cause shown;
(b) of consent of all parties; and
(c) before a diet has been allocated under a preceding paragraph of this rule.
(14) Where an application under paragraph (13) is refused, the parties may bring the application before the Lord President; and the Lord President, or a judge nominated by him, shall determine the application in chambers.
(15) Parties shall attend on the Keeper of the Rolls for the purpose of fixing a diet for–
(a) a proof or jury trial in a cause of exceptional length or complexity;
(b) an undefended proof;
(c) a continued proof;
(d) a continued hearing; or
(e) a hearing on evidence.
6.3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.4 
–
(1) The Keeper of the Rolls shall prepare and publish in the rolls from time to time lists of all causes in which diets have been fixed or allocated–
(a) in the Summar Roll, or
(b) for proof, jury trial or other hearing,
and put out such causes before such Division of the Inner House or Lord Ordinary, as the case may be, as may be convenient.
(2) Without prejudice to rule 6.2(3) (causes appointed to procedure roll put out for hearing), a cause published in the rolls for hearing on any roll or at any diet shall be published not later than the second day before the day on which the cause is to be heard.
CHAPTER 7
7.1 
–
(1) Subject to the provisions of this Chapter mentioned in paragraph (2), an application may be made for an extract of an act or a decree after the expiry of 7 days after the date of the act or decree, as the case may be.
(2) The provisions referred to in paragraph (1) are:–
 paragraph (4) of this rule,
 rule 7.2 (extracts of decrees in certain family actions),
 rule 7.3 (amendments to principal writ),
 rule 7.4 (return of steps of process and borrowing productions).
(3) An application under paragraph (1) shall be made by note to the Extractor in Form 7.1 lodged in the appropriate department of the Office of Court.
(4) The court may authorise immediate extract or supersede extract for such period as it thinks fit.
7.2 
–
(1) Subject to paragraph (2), a decree–
(a) of divorce,
(b) of declarator of nullity of marriage, or
(c) in an action to which rule 49.28 (evidence in certain undefended family actions) applies,
shall be extracted automatically after the expiry of 21 days after the date of decree unless a reclaiming motion has been enrolled.
(2) A decree of divorce in a simplified divorce application shall be extracted immediately.
(3) An extract under paragraph (1) or (2) shall be issued by the Extractor to the pursuer and a copy of it sent by the Extractor by first class post to the defender where his address is known.
(4) Additional extracts under this rule may be obtained from the Extracts Department.
7.3 
An amendment which has been allowed to the instance or a conclusion of a summons, or to a petition, shall be written on the principal writ before the process is transmitted to the Extracts Department for an extract.
7.4 
Before an application is made under rule 7.1 for a final extract–
(a) any step of process which has been borrowed shall be returned; and
(b) each party shall borrow the productions lodged by him.
7.5 
–
(1) Where an application is made under rule 7.1 for an extract of a decree for payment in a foreign currency, the applicant shall lodge with the note to the Extractor a certified statement of the rate of exchange prevailing at–
(a) the date of the decree sought to be extracted,
(b) the date on which the note to the Extractor is lodged, or
(c) a date within three days before the date on which the note to the Extractor is lodged,
and the sterling equivalent of the principal sum, interest and expenses decerned for.
(2) The certified statement required under paragraph (1) shall be by an official in the Bank of England or an institution authorised under the Banking Act 1987.
7.6 
Where an application is made under rule 7.1 for an extract of a decree of adjudication for debt, the applicant shall lodge with the note to the Extractor a statement of the accumulated sum in Form 7.6.
7.7 
Where interest is included in, or payable under, a decree, it shall be at the rate of 8 per cent a year unless otherwise stated.
7.8 
–
(1) Where the court pronounces an interlocutor awarding a sum of expenses, the interlocutor shall be deemed to include, in addition to such sum, the fees for any extract required to enforce the award.
(2) In an extract of an interlocutor containing an award of expenses, the Extractor shall include the amount of the fee for the extract.
7.9 
–
(1) Subjects to paragraphs (2) and (3), the extract of an act or a decree shall be in such form as the Extractor thinks fit.
(2) An extract shall be–
(a) partly or wholly written,
(b) typewritten,
(c) printed,
(d) lithographed, or
(e) photographed,
and subscribed on the last page by the Extractor and have each page impressed with the stamp of the Extractor.
(3) An alteration in an extract shall be authenticated by the initials of the Extractor.
(4) In this rule, a reference to the Extractor includes the Principal Extractor.
7.10 
An extract of a decree on which execution may proceed shall include a warrant for all lawful execution in the following terms:– “and the Lords grant warrant for all lawful execution on this decree”.
7.11 
–
(1) An application may be made to the appropriate department of the Office of Court for an official certified copy of an interlocutor in respect of–
(a) the appointment of a judicial factor;
(b) the approval of a scheme of arrangement in a petition for variation of a trust under section 1(1) of the Trusts (Scotland) Act 1961;
(c) the approval of a cy pres scheme or a scheme for the variation or reorganisation of a public trust; or
(d) a decree for interim aliment.
(2) The Principal Clerk, the Deputy Principal Clerk, or a clerk of session authorised by either of them, may append to an official certified copy of an interlocutor granting decree for interim aliment a warrant for all lawful execution in the following terms:– “and the Lords grant warrant for all lawful execution on this decree for interim aliment”.
CHAPTER 8
8.1 
–
(1) Subject to paragraph (2), no–
(a) decree or other interlocutor for payment to a person of any money consigned in the name of the Accountant of Court under the Court of Session Consignations (Scotland) Act 1895,
(b) decree or other interlocutor for payment of consigned money, or for transfer or conveyance to a person of any heritable or moveable property, in a cause which seeks the distribution of the estate of a deceased person, or
(c) decree of exoneration and discharge of a judicial factor appointed by the court to administer and distribute an estate, unless appropriate steps have been taken for the continued administration of a lapsed trust, intestate estate, partnership estate or other estate, heritable or moveable,
shall be pronounced until there has been lodged with the clerk of court a certificate by an authorised  officer of Revenue and Customs  stating that all taxes or duties payable to the  Commissioners for Her Majesty’s Revenue and Customs  have been paid or satisfied.
(2) In relation to paragraph (1)(b), in an action of multiplepoinding it shall not be necessary for the issue of such a certificate that all of the taxes or duties payable on the estate of a deceased claimant have been paid or satisfied.
CHAPTER 9
9.1 
–
(1) The Register of Acts and Decrees for each year shall be transmitted by the Extractor to the Keeper of the Records for permanent custody within 6 months after the end of that year.
(2) Subject to paragraph (3), a process, other than a teind process, shall be transmitted to the Keeper of the Records after the expiry of 5 years after–
(a) the date of the last interlocutor pronounced in the cause; or
(b) where no interlocutor has been pronounced, the date of the calling of the summons or the presentation of the petition, as the case may be.
(3) No process of a petition for–
(a) appointment of a judicial factor, or
(b) the winding up of a company,
shall be transmitted under this rule unless the factor or liquidator, as the case may be, has been granted a final discharge by the court.
9.2 

(1) Where a person, having an interest in a process in the custody of the Keeper of the Records (other than a finally extracted process), requires that process to be transmitted back to the Office of Court–
(a) it shall be transmitted back on payment of such fee as may be due to the Keeper of the Records; and
(b) an entry shall be made in a book to be kept by the Keeper of the Records recording the retransmission, which shall be signed by the clerk of session who receives the process.
(2) No document in a process, may be borrowed by any person while the process remains in the custody of the Keeper of the Records except under the provisions of paragraph (1).
(3) A process transmitted back to the Office of Court under paragraph (1) shall be returned by the Office of Court to the Keeper of the Records as soon as possible after it has ceased to be required.
CHAPTER 10
10.1 
–
(1) The court shall be in session throughout the year except during such periods as the Lord President shall specify by direction as periods when the court shall be in vacation.
(2) There shall be three terms during session when the court shall sit to conduct the ordinary business of the court, namely:–
(a) a winter term,
(b) a spring term, and
(c) a summer term,
the dates of which shall be such as the Lord President shall direct ....
(3) The Lord President may, if at any time he considers the business of the court so requires, direct that a term of the court shall be extended for such period as may be necessary.
10.2 
–
(1) A day on which the court sits during session under rule 10.3(1)  or 10.4 shall be a sederunt day.
(2) The Lord President may, by direction, provide that such days in vacation as he may specify in the direction shall be sederunt days.
10.3 
–
(1) Subject to the following paragraphs of this rule, the court shall sit on Tuesday, Wednesday, Thursday and Friday of each week during a term at such times as the Lord President may direct.
(2) The court shall not sit during a term–
(a) subject to paragraph (3), on such public holidays, or
(b) on such other days in exceptional circumstances,
as the Lord President may direct.
(3) A Division of the Inner House or the Lord Ordinary may sit–
(a) on a Monday where it is considered necessary to hear and determine a cause; or
(b) on a Saturday, Sunday or public holiday to hear and determine a matter of urgency.
10.4 

(1) A Division of the Inner House or the Lord Ordinary may sit on any day when the court is in session after a term has ended to conclude a hearing which has commenced during a term.
(2) A Division of the Inner House may sit at any time when the co urt is in session outwith a term to hear and determine urgent Inner House business.
(3) At any time during session outwith a term, the Lord Ordinary shall–
(a) have the powers of the vacation judge in rule 11.1; and
(b) have such other powers to hear and determine a cause in the Outer House as the Lord President may from time to time direct.
10.5 

(1) During vacation, one or more of the judges of the court, other than the Lord President and the Lord Justice-Clerk, shall act from time to time as a vacation judge sitting in court or in chambers.
(2) The vacation judge shall deal with the business of the vacation judge under rule 11.1(1) on such days and at such times as may be necessary or convenient, subject to any direction of the Lord President.
(3) A Division of the Inner House or the Lord Ordinary may sit during vacation, whether or not on a sederunt day, to conclude a hearing commenced when the court was in session.
(4) A Division of the Inner House may sit during vacation, whether or not on a sederunt day, to hear and determine urgent Inner House business which cannot competently be heard and determined by the vacation judge.
10.6 
The Lord Ordinary in Exchequer Causes may hear and determine an Exchequer cause when the court is in session or in vacation.
10.7 
A commercial judge nominated under rule 47.2 (proceedings before commercial judge) may hear and determine a commercial action as defined by rule 47.1(2) when the court is in session or in vacation.
CHAPTER 11
11.1 

(1) Subject to any other provision in these Rules and paragraph (2) of this rule, the vacation judge may, during vacation, hear and determine–
(a) a motion which might be determined during session by the Lord Ordinary;
(b) an application which might be determined during session by the Lord Ordinary in chambers; and
(c) a motion which does not affect the merits, in a cause in dependence in the Inner House.
(1A) Subject to paragraph (2) of this Rule, the vacation judge may, during vacation, in a case where early disposal of a reclaiming motion or appeal is sought by virtue of rule 38.7A or 40.7A make any order or refusal, or give any direction, under rule 38.14(6) or 40.12(6) which might be made or given during session by the nominated judge.
(2) The vacation judge shall not be bound to hear or determine any matter if, in his opinion, it would be more appropriate for the matter to be dealt with in the session of the court after the vacation.
CHAPTER 12
12.1 

(1) Subject to the following provisions of this Chapter, the court may, at its own instance or on the motion of a party, summon to its assistance a qualified person to sit with the court to act as an assessor at a proof or hearing in any cause.
(2) Where the court considers summoning an assessor at its own instance, it shall hear the parties on the matter before making a decision.
(3) Where an interlocutor is pronounced summoning an assessor, the court shall remit to the Deputy Principal Clerk to arrange for the attendance of the assessor selected.
12.2 
An interlocutor summoning an assessor other than in a cause under the Patents Act 1977 shall only be pronounced subject to the condition that there shall be consigned into court such sum as the court thinks fit to meet the fees and expenses of the assessor by–
(a) the party enrolling the motion; or
(b) where an assessor is summoned by the court at its own instance, the pursuer or petitioner, as the case may be, unless the court otherwise directs.
12.3 
A party seeking to summon an assessor shall–
(a) enrol a motion for that purpose not less than 28 days before the diet of the proof or hearing at which the presence of an assessor is sought; and
(b) give written intimation of the motion to every other party not less than 7 days before it is enrolled.
12.4 

(1) Where an assessor is summoned by the court at its own instance, the pursuer or petitioner, as the case may be, shall lodge in process such copy of the closed record or other pleadings in the cause as the court directs for the use of the assessor.
(2) Where a motion under rule 12.3 (motions to summon assessors) has been granted, the party who enrolled the motion shall lodge in process a copy of the closed record or other pleadings in the cause for the use of the assessor.
12.5 

(1) Subject to paragraph (2), an assessor shall be selected by agreement between the parties, failing which, by the court on the motion of a party.
(2) A nautical assessor shall be selected from the list of persons–
(a) approved by the Lord President;
(b) kept by the Principal Clerk; and
(c) published as the Lord President shall direct.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12.6 

(1) For a proof or hearing in the Outer House, only one assessor shall be summoned.
(2) In the case of–
(a) a proof or hearing ordered by a Division of the Inner House to be taken by one of the judges of the Inner House, or
(b) a hearing in the Inner House,
the number of assessors to be summoned shall be such number as the court thinks fit.
12.7 

(1) In a cause arising out of a collision at sea where the court is assisted by a nautical assessor at a proof, no party may lead a skilled witness on nautical matters.
(2) In a cause other than one to which paragraph (1) applies, where the court is assisted by an assessor at a proof, a party may not lead evidence from more than one skilled witness on any matter within the special qualifications of the assessor.
(3) Where a question arises at a proof in relation to the application of paragraph (2), the decision of the Lord Ordinary shall be final and not subject to review.
(4) In a cause to which paragraph (2) applies, the court may, on the motion of a party–
(a) enrolled not less than 14 days before the diet of proof, and
(b) of which written intimation has been given to every other party not less than 7 days before the motion is enrolled,
on cause shown, allow evidence to be led from a greater number of skilled witnesses.
12.8 
The judge who presides at a proof or hearing to which an assessor is summoned shall make a note of each question submitted to the assessor and of the answer; and the note shall be lodged in process.
12.9 
The remuneration to be paid to an assessor, other than in a cause under the Patents Act 1977, shall, unless the court otherwise directs, be treated as expenses in the cause.
CHAPTER 12A
12A.1. 

(1) At any time during proceedings a party litigant may apply to the court for permission to have a named individual assist the litigant in the conduct of the proceedings by sitting beside or behind (as the litigant chooses) the litigant at hearings in court or in chambers and doing such of the following for the litigant as he or she requires—
(a) providing moral support;
(b) helping to manage the court documents and other papers;
(c) taking notes of the proceedings;
(d) quietly advising on—
(i) points of law and procedure;
(ii) issues which the litigant might wish to raise with the court;
(iii) questions which the litigant might wish to ask witnesses.
(2) It is a condition of such permission that the named individual does not receive from the litigant, whether directly or indirectly, any remuneration for his or her assistance.
(3) The court may refuse an application under paragraph (1) only if—
(a) it is of the opinion that the named individual is an unsuitable person to act in that capacity (whether generally or in the proceedings concerned); or
(b) it is of the opinion that it would be contrary to the efficient administration of justice to grant it.
(4) An application under paragraph (1) is to be made by motion and accompanied by a document, signed by the litigant and the named individual, in Form 12.A-A.
(5) Permission granted under paragraph (1) endures until the proceedings finish or it is withdrawn under paragraph (6); but it is not effective during any period when the litigant is represented.
(6) The court may, of its own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1); but it must first be of the opinion that it would be contrary to the efficient administration of justice for the permission to continue.
(7) Where permission has been granted under paragraph (1), the litigant may—
(a) show the named individual any document (including a court document); or
(b) impart to the named individual any information,
which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the named individual is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.
(8) Any expenses incurred by the litigant as a result of the support of an individual under paragraph (1) are not recoverable expenses in the proceedings.
CHAPTER 12B
12B.1. 

(1) This Chapter is without prejudice to any enactment (including any other provision in these Rules) under which provision is, or may be, made for a party to a particular type of case before the court to be represented by a lay representative.
(2) In this Chapter, a “lay representative” means a person who is not—
(a) a solicitor;
(b) an advocate; or
(c) someone having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
12B.2. 

(1) In any cause depending before the court in respect of which no provision as mentioned in rule 12B.1(is in force, a party litigant may apply to the court for permission for a named individual (a lay representative) to appear, along with the litigant, at a specified hearing for the purpose of making oral submissions on behalf of the litigant at that hearing.
(2) An application under paragraph (1) is to be made—
(a) by motion and accompanied by a document, signed by the litigant and the named individual, in Form 12B.2; and
(b) subject to paragraph (3), prior to the date of the hearing at which the litigant wishes the lay representative to make oral submissions.
(3) The court may grant an application made on the day of the hearing at which the litigant wishes the lay representative to make oral submissions if it is satisfied that there are exceptional reasons why the application could not have been made prior to that day.
(4) The court may grant an application under paragraph (1) only if it is of the opinion that it would assist the court to grant it.
(5) It is a condition of permission granted by the court that the lay representative does not receive directly or indirectly from the litigant any remuneration or other reward for his or her assistance.
(6) The court may grant permission under paragraph (1) in respect of one or more specified hearings in the cause; but such permission is not effective during any period when the litigant is legally represented.
(7) The court may, of its own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1).
(8) Where permission has been granted under paragraph (1), the litigant may—
(a) show the lay representative any document (including a court document); or
(b) impart to the lay representative any information,
which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the lay representative is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.
(9) Any expenses incurred by the litigant in connection with lay representation under this rule are not recoverable expenses in the proceedings.
12B.3. 
Rules 67.3 and 97.4 (confidentiality of documents in process) apply to an individual permitted to act as lay representative under this Chapter as they apply to a curator ad litem and reporting officer.
CHAPTER 13
13.1 
Subject to any other provision in these Rules, all causes originating in the court shall be commenced in the Outer House by summons.
13.2 

(1) Subject to any other provision in these Rules, a summons shall be in Form 13.2–A.
(2) A conclusion in a summons shall be stated in accordance with the appropriate style, if any, in Form 13.2–B.
(3) Subject to rule 46.6(3) (no condescendence or pleas-in-law in ship collision actions), there shall be annexed to a summons–
(a) a statement, in the form of numbered articles of the condescendence, of the averments of fact which form the grounds of the claim; and
(b) appropriate pleas-in law.
(4) A condescendence shall include averments stating–
(a) in an action to which the Civil Jurisdiction and Judgments Act 1982 applies, the domicile of the defender (to be determined in accordance with the provisions of that Act) so far as known to the pursuer;
(b) the ground of jurisdiction of the court, unless jurisdiction would arise only if the defender prorogated the jurisdiction of the court without contesting jurisdiction;
(c) unless the court has exclusive jurisdiction, whether or not there is an agreement prorogating the jurisdiction of a court in another country; ...
(d) whether or not there are proceedings involving the same cause of action in subsistence between the parties in a country to which the convention in Schedule 1 or 3C to the Civil Jurisdiction and Judgments Act 1982 applies and the date any such proceedings commenced ; and
(e) if applicable, any special capacity in which the pursuer is suing or any special capacity in which the defender is being sued.
(5) A summons may include warrants ... and intimation in so far as permitted under these Rules.
(6) A summons may include a draft interlocutor in Form 43.1A (actions based on clinical negligence: authority to raise as ordinary action).
13.3 
In a summons, the pursuer shall–
(a) set out in the instance the known residence, registered office, other official address or place of business of the defender where he is to be served; or
(b) where that residence, office, address or place, as the case may be, is not known and cannot reasonably be ascertained, set out in the instance that the whereabouts of the defender are not known and aver in the condescendence what steps have been taken to ascertain his present whereabouts.
13.4 

(1) Subject to any other provision in these Rules, the period of notice in a summons shall be–
(a) in the case of service within Europe, 21 days from whichever is the later of the date of execution of service or the giving of intimation before calling on a warrant for intimation;
(b) in the case of service furth of Europe under rule 16.2(2) (d) or (e) (service by an huissier etc. or personally), 21 days from whichever is the later of the date of execution of service or the giving of intimation before calling on a warrant for intimation;
(c) in the case of service furth of Europe other than under sub-paragraph (b), 42 days from whichever is the later of the date of execution of service or the giving of intimation before calling on a warrrant for intimation; and
(d) in the case of service by advertisement under rule 16.5 (service where address of person is not known), other than in an action to which rule 49.12 (notice of family actions by advertisement) applies, 6 months from the date of publication of the advertisement.
(2) An application may be made by motion to shorten or extend the period of notice in a summons.
(3) Where a motion under paragraph (2) is made after signeting of the summons but before service–
(a) the summons shall be produced to the court; and
(b) the decision of the Lord Ordinary on the motion shall be final and not subject to review.
13.5 

(1) A summons shall pass the signet.
(2) No summons shall bear any date but the date of signeting, which date shall be treated as the date of the summons.
(3) A summons shall be signeted and registered by a clerk of session acting under authority from the Principal Clerk (by virtue of a commission granted to him by the Keeper of the Signet).
(4) Subject to paragraph (5), a summons shall be presented to the General Department during its normal office hours for signeting and registration.
(5) In an emergency, a summons may be signeted and registered outwith the normal office hours.
13.6 
When signeted, a summons shall be authority for—
(a) service on the defender designed in the instance; and
(b) intimation of the summons on any person on whom intimation is required in these Rules where a warrant for that purpose has been inserted in the summons.
13.6A 

(1) Before the calling of a summons, the pursuer may apply by motion for authority for—
(a) arrestment to found jurisdiction; or
(b) diligence by—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) arrestment in rem; or
(iv) dismantling a ship,
 where a warrant in the appropriate form in Form 13.2–A has been inserted in the summons.
(2) Where a Lord Ordinary pronounces an interlocutor granting a motion under paragraph (1)—
(a) he shall record his interlocutor by signing the warrant in the summons; and
(b) the signed warrant shall be sufficient authority for execution of the arrestment to found jurisdiction or, as the case may be, the diligence.
13.7 

(1) Where a summons is to be executed, a copy of the summons which has passed the signet shall be–
(a) served on the defender with a citation in Form 13.7 attached to it; and
(b) intimated to any person named in a warrant for intimation.
(2) Where service of a summons is not executed within a year and a day after the date of signeting, the instance shall fall.
13.8 
Where a warrant for intimation referred to in rule 13.6(b) is not obtained when the summons is signeted, the pursuer may apply by motion for authority for intimation of the summons on any person on whom intimation is required in these Rules.
13.8A 

(1) After the calling of a summons, a pursuer may apply by motion for authority for—
(a) arrestment to found jurisdiction; or
(b) diligence by—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) arrestment in rem; or
(iv) dismantling a ship.
(2) A certified copy of an interlocutor granting a motion under paragraph (1) shall be sufficient authority for execution of the arrestment to found jurisdiction or, as the case may be, the diligence.
13.9 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13.10 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13.11 

(1) Any person having an interest may apply by motion for a warrant authorising the movement of a vessel or cargo which is the subject of an arrestment mentioned in  rule 13.6A.
(2) Where the court grants a warrant sought under paragraph (1), it may make such further order as it thinks fit to give effect to that warrant.
(3) A warrant granted on a motion under paragraph (1) shall be without prejudice to the validity and subsistence of the arrestment.
13.12 

(1) In an action relating to heritable property, it shall not be necessary to call a person as a defender by reason only of any interest he may have as the holder of a heritable security over the heritable property; but intimation of the summons shall be given to that person by notice of intimation in Form 13.12 attached to a copy of the summons.
(2) A warrant for intimation under paragraph (1) shall be inserted in the summons by the pursuer in the following terms:— “Warrant to intimate to (name and address) as a person who is believed to be a heritable creditor of the defender.”.
(3) A person on whom intimation has been made under this rule may apply by motion for leave to be sisted as a party and to lodge defences.
13.13 

(1) A summons shall not be called earlier than the day on which the period of notice expires.
(2) A summons shall be lodged for calling not later than 12.30 p.m. on the second day before that on which it is to be called.
(3) A summons may be called–
(a) during session, on a sederunt day; or
(b) in vacation, on a calling day of which notice has been given in the rolls.
(4) A summons lodged for calling shall be accompanied by a typewritten slip containing the instance, subject to the following provisions:–
(a) where there is more than one pursuer or defender, the slip shall contain only the name and designation of the first pursuer or defender, as the case may be, followed by the words “and Another [or Others, as the case may be]”; and
(b) in naming and designing a pursuer or defender who is a body of persons (such as a trust or a partnership), whether individual members are also parties or not, it shall be sufficient to use the collective name of that body.
(5) The calling of a summons shall be published in the rolls on the date on which the summons calls.
(6) Where a summons has not called within a year and a day after the expiry of the period of notice, the instance shall fall.
13.14 

(1) Where the pursuer does not lodge the summons for calling within 7 days after the date on which the period of notice expires, the defender, on production of the service copy summons, may apply by motion for an order ordaining the pursuer to lodge the summons for calling within 7 days, or such other period as the court thinks fit, after the date of the order.
(2) Where the court pronounces an interlocutor under paragraph (1), the defender shall serve a certified copy of that interlocutor on the pursuer.
(3) Where the pursuer fails to lodge the summons within the period ordered by the court under paragraph (1), the defender may apply by motion–
(a) for declarator that the instance has fallen;
(b) for recall of any diligence mentioned in rule 13.6(c) which has been executed; and
(c) for payment to the defender of his expenses of process under this rule.
(4) An interlocutor granting a motion under paragraph (3) shall be final and not subject to review.
CHAPTER 14
14.1 
Subject to any other provisions in these Rules, this Chapter applies to a petition presented to the court.
14.2 
Subject to any other provision in these Rules, the following applications to the court shall be made by petition presented in the Outer House:–
(a) an application for the appointment of a judicial factor, a factor loco absentis, a factor pending litigation or a curator bonis;
(b) an application for the appointment of a judicial factor on the estate of a partnership or joint adventure;
(c) an application to the nobile officium of the court which relates to–
(i) the administration of a trust;
(ii) the office of trustee; or
(iii) a public trust;
(d) a petition and complaint for breach of interdict;
(e) an application to the supervisory jurisdiction of the court;
(f) an application for suspension, suspension and interdict, and suspension and liberation;
(g) an application to recall an arrestment or inhibition other than in a cause depending before the court; ...
(h) a petition or other application under these Rules or any other enactment or rule of law ; and
(i) an application to the court in exercise of its parens patriae jurisdiction.
14.3 
Any of the following applications shall be made by petition presented in the Inner House:–
(a) a petition and complaint other than for breach of interdict;
(b) an application under any enactment relating to solicitors or notaries public;
(c) an application which is, by virtue of these Rules or any other enactment, to be by petition and is incidental to a cause depending before the Inner House;
(d) an application to the nobile officium of the court other than an application mentioned in rule 14.2(c) (applications relating to the administration of a trust, the office of trustee or a public trust);
(e) a petition by trustees for directions under Part II of Chapter 63;
(f) an application under section 1 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 (assistance in obtaining evidence for civil proceedings in another jurisdiction);
(g) an application under section 1 of the Trusts (Scotland) Act 1961 (variation or revocation of trusts);
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) an application under section 17(6), 18(7), 20(7), 20(11)(b), 21(5), 21(7) or 21(10) of, or under paragraph 20 of Schedule 1 to, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (orders in relation to conveyancing or executry practitioners); and
(k) an application required to be made to the Inner House under any enactment.
14.4 

(1) A petition shall be in Form 14.4.
(2) A petition shall include–
(a) a statement of facts in numbered paragraphs setting out the facts and circumstances on which the petition is founded; ...
(b) a prayer setting out the orders sought ; and
(c) the name, designation and address of the petitioner and a statement of any special capacity in which the petitioner is presenting the petition
(3) In a petitio n presented under an enactment, the statement of facts shall expressly refer to the relevant provision under the authority of which the petition is presented.
(4) Where a petition is one to which the Civil Jurisdiction and Judgments Act 1982 applies, the statement of facts shall include averments stating–
(a) the ground of jurisdiction of the court, unless jurisdiction would arise only if the respondent prorogated the jurisdiction of the court without contesting jurisdiction;
(b) unless the court has exclusive jurisdiction, whether or not there is an agreement prorogating the jurisdiction of a court in another country; and
(c) whether or not there are proceedings involving the same cause of action in subsistence between the parties in a country to which the convention in Schedule 1 or 3C to that Act applies and the date any such proceedings commenced.
(5) The prayer of a petition shall crave warrant for such intimation, service and advertisement as may be necessary having regard to the nature of the petition, or as the petitioner may seek; and the name, address and capacity of each person on whom service of the petition is sought shall be set out in a schedule annexed to, and referred to in, the prayer of the petition.
(6) Where it is sought in a petition–
(a) to dispense with intimation, service or advertisement, or
(b) to shorten or extend the period of notice,
the appropriate order shall be craved in the prayer, and the grounds on which the order is sought shall be set out in the statement of facts.
14.5 

(1) Subject to paragraph (2), on a petition being lodged, the court shall, without a motion being enrolled for that purpose, pronounce an interlocutor for such intimation, service and advertisement as may be necessary.
(2) Where a petitioner seeks–
(a) to dispense with intimation, service or advertisement on any person, or
(b) any interim order,
he shall apply by motion for such order as appears appropriate.
(3) On disposing of a motion under paragraph (2), the court shall make such order as it thinks fit.
14.6 

(1) Subject to any other provision in these Rules, the period of notice for lodging answers to a petition shall be–
(a) in the case of service, intimation or advertisement within Europe, 21 days from whichever is the later of the date of execution of service, the giving of intimation or the publication of the advertisement;
(b) in the case of service or intimation furth of Europe under rule 16.2(2)(d) or (e) (service by an huissier etc. or personally), 21 days from whichever is the later of the date of execution of service or the giving of intimation;
(c) in the case of service or intimation furth of Europe other than under sub-paragraph (b), or advertisement furth of Europe, 42 days from whichever is the later of the date of execution of service, the giving of intimation or the publication of the advertisement;
(d) in the case of service by advertisement under rule 16.5 (service where address of person is not known), 6 months from the date of publication of the advertisement.
(2) An application may be made by motion to shorten or extend the period of notice.
(3) Where a motion under paragraph (2) is made in a petition at the time that an order for intimation, service or advertisement is made under rule 14.5 (first order in petitions), the decision of the court on the motion shall be final and not subject to review.
14.7 

(1) A petition shall be intimated–
(a) on the walls of the court; and
(b) in such other manner as the court thinks fit.
(2) A copy of the petition shall be served on every person, specified in the petition or by the court as a person on whom the petition is to be served, with a citation in Form 14.7 attached to it.
(3) A petition to the court in exercise of its parens patriae jurisdiction shall not be intimated on the walls of the court.
14.8 
Where answers to a petition have been lodged, the petitioner shall, within 28 days after the expiry of the period of notice, apply by motion for such further procedure as he seeks, and the court shall make such order for further procedure as it thinks fit.
14.9 

(1) Subject to paragraph (2), where the period of notice has expired without answers being lodged, the court shall, on the motion of the petitioner, after such further procedure and inquiry into the grounds of the petition, if any, as it thinks fit, dispose of the petition.
(2) Where–
(a) the prayer of the petition seeks an order directed against a person,
(b) service of the petition has been made on that person furth of the United Kingdom under rule 16.2, and
(c) such order has been granted without that person having lodged answers,
a certified copy of the interlocutor granting the order shall be served forthwith by the petitioner on that person.
(3) The court may, on the motion of a person to whom paragraph (2) applies, recall the interlocutor and allow answers to be lodged if–
(a) that person–
(i) without any fault on his part, did not have knowledge of the petition in suffieient time to lodge answers;
(ii) has disclosed a prima facie answer to the petition on the merits; and
(iii) has enrolled the motion for recall within a reasonable time after he had knowledge of the petition; and
(b) the motion is enrolled before the expiry of one year from the date of the interlocutor sought to be recalled.
(4) The recall of an interlocutor under paragraph (3) shall be without prejudice to the validity of anything already done or transacted, of any contract made or obligation incurred, or of any appointment made or power granted, in or by virtue of that interlocutor.
(5) The provisions of this rule are without prejudice to the power of the court to make any interim appointment or order at any stage of the cause.
14.10. 

(1) The court may make such order to dispose of a petition as it thinks fit, whether or not such order was sought in the petition.
(2) An order referred to in paragraph (1) is any order that could be made if sought in any action or petition.
CHAPTER 14A
14A.1 
In this Chapter–
 “the 1987 Act” means the Debtors (Scotland) Act 1987; and
 “the 2002 Act” means the Debt Arrangement and Attachment (Scotland) Act 2002.
14A.2 

(1) The following shall be made by motion–
(a) an application under section 15D(1) of the 1987 Act for warrant for diligence by arrestment or inhibition on dependence of an action or petition or warrant for arrestment on the dependence of an admiralty action;
(b) an application under section 9C of the 2002 Act for interim attachment.
(2) Such an application must be accompanied by a statement in Form 14A.2.
(3) A certified copy of an interlocutor granting a motion under paragraph (1) shall be sufficient authority for execution of the diligence concerned.
14A.3 

(1) Where a person has been granted authority for inhibition on the dependence of an action or petition, a certified copy of the interlocutor granting the motion may be registered with a certificate of execution in the Register of Inhibitions and Adjudications.
(2) A notice of a certified copy of an interlocutor granting authority for inhibition under rule 14A.2 may be registered in the Register of Inhibitions and Adjudications; and such registration is to have the same effect as registration of a notice of inhibition under section 155(2) of the Titles to Land Consolidation (Scotland) Act 1868.
14A.4 

(1) An application by any person having an interest–
(a) to loose, restrict, vary or recall an arrestment or an interim attachment; or
(b) to recall, in whole or in part, or vary, an inhibition,
shall be made by motion.
(1A) A motion under paragraph (1) shall—
(a) specify the name and address of each of the parties;
(b) where it relates to an inhibition, contain a description of the inhibition including the date of registration in the Register of Inhibitions and Adjudications.
(2) Any person having an interest may apply by motion for a warrant authorising the movement of a vessel or cargo which is the subject of arrestment on the dependence, and paragraphs (2) and (3) of rule 13.11 (movement of arrested property) shall apply in such a case as they apply to the case of that rule.
14A.5 
An application to the Court under Part 1A of the 1987 Act or Part 1A of the 2002 Act not otherwise provided for shall be made by motion.
CHAPTER 15
15.1 

(1) Subject to paragraph (6) and to any other provision in these Rules, this rule applies to any application to the court by minute in a cause.
(2) A minute shall–
(a) include a crave, a statement of facts and appropriate pleas-in-law; and
(b) be lodged in the process of the cause to which it relates.
(3) On lodging a minute, the minuter shall enrol a motion, as appropriate–
(a) for a warrant for service of the minute on a person who has not entered the process of the cause;
(b) where the cause is not a depending cause, for service of the minute on parties to that cause;
(c) for intimation of the minute to any person;
(d) to dispense with service on, or intimation to, a person; and
(e) for an order for any answers to the minute to be lodged in process within the period of notice.
(4) A notice in Form 15.1 shall be attached to the minute to be served or intimated under paragraph (3).
(5) After the expiry of the period of notice, the court shall, on the motion of any party, after such further procedure, if any, as it thinks fit, determine the application.
(6) This rule shall not apply to–
(a) a minute of abandonment;
(b) a minute of amendment;
(c) a minute of sist;
(d) a minute of transference; ...
(e) a minute of objection to a minute of transference; or
(f) a minute to dismiss a claim under rule 21A.
15.2 

(1) Subject to paragraph (4) and to any other provision in these Rules, this rule applies to any application to the court by note in a cause.
(2) A note shall–
(a) include a statement of facts and a prayer; and
(b) be lodged in the process of the cause to which it relates.
(3) The following provisions of Chapter 14 (petitions) shall, with the necessary modifications and the modification mentioned below, apply to a note under this rule as they apply to a petition:–
 rule 14.5 (first order in petitions),
 rule 14.6 (period of notice for lodging answers),
 rule 14.7 (intimation and service of petitions) with the substitution in paragraph (2) of that rule of the words “a notice in Form 15.2” for the words a “a citation in form 14.7”,
 rule 14.8 (procedure where answers lodged),
 rule 14.9 (unopposed petitions).
(4) This rule shall not apply to–
(a) a note to the Extractor; or
(b) a note of objection.
CHAPTER 16
PART I
16.1 

(1) Subject to any other provision in these Rules or any other enactment, service of a document required under these Rules on a person shall be executed–
(a) in the case of an individual–
(i) personally, by tendering the document and any citation or notice, as the case may be, to that individual;
(ii) by leaving the document and any citation or notice, as the case may be, in the hands of a person, or failing which, depositing it, in a dwelling place where the person executing service, after due enquiry, has reasonable grounds for believing that that individual resides but is not available;
(iii) by leaving the document and any citation or notice, as the case may be, in the hands of a person at, or depositing it in, a place of business where the person executing service, after due enquiry, has reasonable grounds for believing that that individual carries on business; or
(iv) by posting the document and any citation or notice, as the case may be, to the known dwelling place of that individual;
(b) in the case of any other person–
(i) by leaving the document and any citation or notice, as the case may be, in the hands of an individual at, or depositing it in, the registered office, other official address or a place of business, of that other person, in such a way that it is likely to come to the attention of that other person; or
(ii) by posting the document and any citation or notice, as the case may be, to the registered office, other official address or a place of business, of that other person.
(2) Service of a principal writ on a person whose known residence is the same as that of the party on whose behalf service is to be executed shall be executed personally.
(3) Subject to paragraph (4), where service has been executed, the party on whose behalf service has been executed shall attach to the document served and lodge in process–
(a) a certificate of service as required by these Rules;
(b) a copy of any notice or advertisement ordered to be published; and
(c) a copy of any interlocutor ordering service of that document.
(4) In relation to a petition or note, where service has been executed by a petitioner or noter, he shall attach the documents required by paragraph (3)(a) and (b) to a copy of the petition or note, as the case may be, marked “Execution Copy” and certified a true copy.
16.2 

(1) Subject to any other enactment, this rule applies to service of a document on a person on whom service is to be executed in a country furth of the United Kingdom.
(2) Service under this rule may be executed by any of the following methods of service, if, and in a manner, permitted under a convention providing for service in that country or by the laws of that country:–
(a) by post to the known residence, registered office or place of business, as the case may be, of the person on whom service is to be executed;
(b) through the central, or other appropriate, authority of that country, at the request of the  Scottish Ministers;
(c) through a British consular office in that country, at the request of the Secretary of State for Foreign and Commonwealth Affairs;
(d) by an huissier, other judicial officer or competent official of that country, at the request of a messenger-at-arms, a party or his agent; or
(e) personally by the party executing service or his authorised agent tendering the document and the citation (if any) to the person on whom service is to be executed.
(3) Where service is to be executed through a central, or other appropriate, authority at the request of the Scottish Ministers, the party executing service shall—
(a) send a copy of the document, with a request for service by the method indicated in the request, to the Scottish Ministers; and
(b) lodge in process a certificate signed by the authority which executed service stating that it has been, and the manner in which it was, served.
(3A) Where service is to be executed through a British consular officer at the request of the Secretary of State for Foreign and Commonwealth Affairs, the party executing service shall—
(a) send a copy of the document, with a request for service by the method indicated in the request, to the Secretary of State for Foreign and Commonwealth Affairs; and
(b) lodge in process a certificate signed by the authority which executed service stating that it has been, and the manner in which it was, served.
(4) Where service is to be executed by an huissier, other judicial officer or competent official at the request of a messenger-at-arms–
(a) the messenger-at-arms shall send a copy of the document with a request for service by the method indicated in the request to the official in the country in which service is to be executed; and
(b) the party on whose behalf service has been executed shall lodge in process a certificate of the official who executed service stating that it has been, and the manner in which it was, served.
(5) Where service has been executed personally by the party executing service or his authorised agent–
(a) the execution of service shall be witnessed by one witness who shall sign the certificate of service (which shall state his name, occupation and address); and
(b) the person who executed service shall complete a certificate of service in Form 16.2.
(6) Where service is executed by a method mentioned in paragraph (2)(a) or (e), the party executing service shall lodge in process a certificate by a person qualified in the law of the country, or a duly accredited representative of the country, in which service was executed stating that the method of service used is permitted by the law of that country.
16.2A 

(1) In this rule—
 “competent receiving agency” and “Member State” have the same meaning as in the  EC Service Regulation; and
 “EC Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) and repealing Council Regulation (EC) No. 1348/2000, as amended from time to time.
(2) This rule applies to service of a document under the EC Service Regulation on a person on whom service is to be executed in a Member State other than the United Kingdom.
(3) Where a document is being served by a competent receiving authority under Article 7 of the EC Service Regulation, rule 16.6(1) (translations of documents) shall not apply.
(4) Where a document has been served by a competent receiving authority under Article 7 of the EC Service Regulation, the party executing service shall lodge the certificate of service mentioned in Article 10 of the EC Service Regulation.
16.3 

(1) Service by a method mentioned in rule 16.1(1)(a)(i), (ii) or (iii), or (b)(i), shall be executed by a messenger-at-arms who shall–
(a) explain the purpose of service to any person on whom he executes service;
(b) complete a citation or notice, as the case may be, and a certificate of service in Form 16.3; and
(c) send the certificate of service to the pursuer.
(2) Such service shall be witnessed by one witness who shall sign the certificate of service (which shall state his name, occupation and address).
(3) Where service is executed by a method mentioned in rule 16.1(1)(a)(ii) or (iii), or (b)(i),  the  document and the citation or notice of intimation, as the case may be, shall be placed in an envelope (bearing the notice specified in rule 16.4(2)) and sealed by the messenger-at-arms.
(4) Subject to paragraph (4A), a messenger-at-arms shall, when he executes service of a document, have in his possession–
(a) in the case of service of a copy of a principal writ, the principal writ or a copy of it certified as correct by the agent for the party whose writ it is, and
(b) where an interlocutor has been pronounced allowing service of the document, a certified copy of that interlocutor,
which he shall show, if required, to the person on whom he executes service.
(4A) Where the firm which employs the messenger-at-arms has in its possession—
(a) the principal writ or a certified copy of it, it shall be competent for the messenger-at-arms to execute service of the document without having that writ or certified copy in his possession, in which case he shall, if required to do so by the person on whom service is executed and within a reasonable time of being so required, show the principal writ or certified copy to the person;
(b) a certified copy of the interlocutor, it shall be competent for the messenger-at-arms to execute service of the document if he has in his possession a facsimile copy of the certified copy interlocutor which he shall show, if required, to the person on whom he executes service.
(5) The certificate of service required under paragraph (1) shall include the full name and designation of any person in whose hands any document and the citation or notice, as the case may be, were left.
(6) In the application of this rule to service in England and Wales, reference to a messengers-at-arms shall be construed as a reference to a person entitled to serve Senior Courts writs; and in the application of this rule to service in Northern Ireland, reference to a messenger-at-arms shall be construed as a reference to a person entitled to serve Court of Judicature writs.
16.4 

(1) This rule applies to service of a document by post but is subject to rule 61.2(3) and (4) (order as respects intimation of petition for appointment of judicial factor).
(2) Service by post shall be executed by–
(a) a messenger-at-arms, or
(b) an agent,
posting a copy of the document to be served with any citation or notice, as the case may be, by registered post or the first class recorded delivery service addressed to the person on whom service is to be executed and having on the face of the envelope a notice in the following terms:– “This envelope contains a citation to, or intimation from, the Court of Session. If delivery of the letter cannot be made it must be returned immediately to the Deputy Principal Clerk of Session, Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ.”.
(3) Where English is not an official language of the country in which service is to be executed, a translation in an official language of that country of the notice required under paragraph (2) shall appear on the face of the envelope.
(4) The person executing service of a document shall complete–
(a) a citation or notice, as the case may be; and
(b) a certificate of service in Form 16.4.
(5) Where a document is served by a registered post service, a receipt of posting by the operator of that service shall be attached to the certificate of service
(6) The date of execution of service shall be deemed to be the day after the date of posting.
(7) Subject to rule 16.11 (no objection to regularity of service or intimation), the execution of service by post shall be valid unless the person on whom service was sought to have been made proves that the envelope and its contents were not tendered or left at his address.
16.5 

(1) Where the residence of the person to be served with a document is not known and cannot reasonably be ascertained or service on that person cannot be executed under rule 16.1 (methods and manner of service) or 16.2 (service furth of United Kingdom), the party who wishes to execute service may apply by motion–
(a) for an order for service by the publication of an advertisement in a specified newspaper circulating in the area of the last known residence of that person or elsewhere; or
(b) on special cause shown, for an order to dispense with service; and
(c) stating the last known residence of that person and what steps have been taken to ascertain his present whereabouts.
(2) On enrolling such a motion, a copy of the document to be served shall be lodged with the Deputy Principal Clerk who shall retain it for a period of three years and from whom it may be uplifted by the person for whom it is intended.
(3) Where an intelocutor has been pronounced ordering publication of an advertisement under this rule–
(a) the advertisement shall be in Form 16.5; and
(b) publication of the advertisement shall have effect as if service of the document had been executed on the date of publication.
(4) Where an interlocutor has been pronounced dispensing with service under this rule–
(a) service of the document shall be deemed to have been executed on the date of the interlocutor; and
(b) the period of notice shall be dispensed with.
(5) A motion under paragraph (1) made before calling shall be heard in chambers.
(6) Where publication of an advertisement has been made under this rule, there shall be lodged in process–
(a) a copy of the newspaper containing the advertisement; or
(b) a certificate of publication by the publisher stating the date of publication and the text of the advertisement.
16.6 

(1) Subject to rule 16.2A, where English is not an official language of the country in which a document is to be served, the document shall be accompanied by a translation in an official language of that country.
(2) An advertisement authorised under rule 16.5 (service where address of person is not known) to be published in a newspaper in a country in which English is not an official language of that country shall be in an official language of that country.
(3) With any certificate of service, or advertisement under rule 16.5, in a language other than English there shall be lodged a translation in English.
(4) A translation under this rule shall be certified as correct by the translator; and the certificate shall include his full name, address and qualifications.
16.7 

(1) Subject to rule 16.8 (intimation on a warrant to intimate), rule 16.9 (written intimation) and any other provision in these Rules, where intimation of a document is to be given under these Rules to any person, the intimation shall be given–
(a) personally, by tendering the document and the notice of intimation (if any) to that person; or
(b) by registered post or the first class recorded delivery service–
(i) in the case of an individual, addressed to the known, or last known, dwelling place or a place of business of that individual; or
(ii) in the case of any other person, addressed to the registered office, other official address or a place of business of that person.
(2) Where intimation has been given in accordance with paragraph (1), the party on whose behalf intimation has been given shall attach to the principal writ or lodge in process, as the case may be–
(a) certificate of intimation in Form 16.7;
(b) a copy of any notice of intimation which was intimated; and
(c) a copy of any interlocutor ordering the intimation.
16.8 

(1) Where intimation of a document is to be given to a person for whom a warrant to intimate has been obtained, the intimation shall be made in the same manner as service of a document; and the following rules shall, with the necessary modifications, apply to that intimation as they apply to service of a document:–
 rule 16.1 (methods and manner of service),
 rule 16.2 (service furth of United Kingdom),
 rule 16.2A (service under the Council Regulation),
 rule 16.3 (service by messenger-at-arms),
 rule 16.4 (service by post),
 rule 16.5 (serv ice where address of person is not known),
 rule 16.6 (translations of documents served or advertised abroad).
(2) Where intimation has been given in accordance with paragraph (1), the party on whose behalf intimation has been given shall attach a copy of any notice of intimation to the certificate of intimation.
16.9 
Where a provision in these Rules requires written intimation to be given to a person, that intimation may be made by first class post or other means of delivery to that person.
16.10 

(1) An agent may accept service or intimation of a document on behalf of the person on whom service is to be executed or to whom intimation is to be given and may dispense with any period of notice.
(2) A person on whom service of a document is executed or to whom intimation of a document is given may dispense with any period of notice as respects him in relation to that document.
(3) Where a period of notice is dispensed with under paragraph (1) or (2), it shall be deemed to expire on the day on which the party on whose behalf service is executed or intimation is given receives written intimation that the period of notice has been dispensed with.
16.11 

(1) A person who enters the process of a cause shall not be entitled to state any objection to the regularity of the execution of service or intimation of a document on him; and his appearance shall be deemed to remedy any defect in such service or intimation.
(2) Nothing in paragraph (1) shall preclude a person from pleading that the court has no jurisdiction.
PART II
16.12 

(1) This rule applies to–
(a) the execution of any diligence on a warrant, act or decree of the court other than–
(i) an arrestment to which rule 16.13 (arrestment of ships and arrestment in rem of cargo on board ship) applies; or
(ii) an arrestment to which rule 16.14(1) (arrestment in rem of cargo landed or transhipped) applies; and
(b) diligence in execution of a writ registered for execution in the Books of Council and Session.
(2) Subject to the following paragraphs of this rule, the execution of any diligence by virtue of these Rules on a person shall be executed by a messenger-at-arms in the same manner as service of a document is permitted under rule 16.1(1)(a)(i), (ii) or (iii) or (b)(i) (methods and manner of service); and, where appropriate, the following provisions of Part I (service and intimation) shall, with the necessary modifications, apply to the execution of diligence as they apply to service of a document:–
 rule 16.3(1) to (4) (service by messenger-at-arms),
 rule 16.4(2)(a), (3), (6) and (7) (service by post).
(3) In the application under this rule, by virtue of paragraph (2), of–
(a) sub-paragraph (b) of paragraph (1) of rule 16.3 (completion of citation or notice and certificate of service) for the reference to Form 16.3 in that sub-paragraph there shall be substituted a reference to the appropriate form of certificate of execution in rule 16.15 (forms for diligence); and
(b) sub-paragraph (b) of paragraph (4) of rule 16.4 (completion of citation or notice and certificate of service), for the reference to Form 16.4 in that sub-paragraph, there shall be substituted a reference to the appropriate form of certificate of execution in rule 16.15.
(4) The execution of such diligence on–
(a) an individual who is resident furth of Scotland,
(b) a person who has no registered office, other official address or a place of business in Scotland,
(c) a person whose residence is not known and cannot reasonably be ascertained, or
(d) a person on whom service cannot be executed in a manner permitted under paragraph (2),
shall be executed edictally by a messenger-at-arms leaving or depositing the appropriate schedule mentioned in rule 16.15. at the office of the Extractor.
(5) Where the execution of diligence is made edictally under paragraph (4), a copy of the schedule left at the office of the Extractor shall be sent by a messenger-at-arms by registered post or the first class recorded delivery service to the place furth of Scotland where the person on whom diligence is executed edictally resides, has his registered office, official address or place of business, as the case may be, or such last known place.
(6) A messenger-at-arms executing diligence shall have in his possession–
(a) in the case of diligence on a warrant in a principal writ, the principal writ or a copy of it certified as correct by the agent for the party whose writ it is,
(b) in the case of diligence on a warrant in an interlocutor, a certified copy of that interlocutor, or
(c) in the case of diligence on an extract of an act or a decree, or a document registered in the Books of Council and Session, the extract,
which he shall show, if required, to any person on whom he executes diligence.
(7) The party on whose behalf diligence has been executed in a cause depending before the court shall attach the certificate of execution to the document containing the warrant for diligence.
16.13 

(1) An arrestment of a ship in rem or on the dependence, or an arrestment in rem of cargo on board ship, may be executed on any day by a messenger-at-arms who shall affix the schedule of arrestment–
(a) to the mainmast of the ship;
(b) to the single mast of the ship; or
(c) where there is no mast, to some prominent part of the ship.
(2) In the execution of an arrestment of a ship on the dependence, the messenger-at-arms shall, in addition to complying with paragraph (1), mark the initials “ER” above the place where the schedule of arrestment is fixed.
(3) On executing an arrestment under paragraph (1), the messenger-at-arms shall deliver a copy of the schedule of arrestment and a copy of the certificate of execution of it to the master of the ship, or other person on board in charge of the ship or cargo, as the case may be, as representing the owners  or demise charterers of, or parties interested in, the ship or  the owners of the cargo, as the case may be.
(4) Where the schedule of arrestment and the copy of the certificate of execution of it cannot be delivered as required under paragraph (3)–
(a) the certificate of execution shall state that fact; and
(b) either–
(i) the arrestment shall be executed by serving it on the harbour master of the port where the ship lies; or
(ii) where there is no harbour master, or the ship is not in a harbour, the pursuer shall enrol a motion for such further order as to intimation and advertisement, if any, as may be necessary.
(5) A copy of the schedule of arrestment and a copy of the certificate of excution of it shall be delivered by the messenger-at-arms to the harbour master, if any, of any port where the ship lies.
(6) In this rule, “ship” has the meaning assigned in section 48(f) of the Administration of Justice Act 1956.
16.14 

(1) An arrestment of cargo on board a ship shall be executed by a messenger-at-arms who shall serve the schedule of arrestment on—
(a) the master of the ship;
(b) any other person in charge of the ship or cargo; or
(c) other proper arrestee.
(2) Where the schedule of arrestment cannot be executed in accordance with paragraph (1), the arrestment may be executed as provided for in rule 16.13(4) and (5).
(3) A person who has an interest in a ship or cargo which is the subject of an arrestment under this rule may apply by motion for a warrant authorising the movement of the ship or cargo and rule 13.11 shall apply to such a motion.
16.15 

(1) In the execution of diligence, the following forms shall be used:–
(a) in the case of —
(i) an arrestment to found jurisdiction (other than the arrestment of a ship), a schedule in Form 16.15-A and a certificate of execution in Form 16.15-H;
(ii) an arrestment of a ship to found jurisdiction, a schedule in Form 16.15-AA and a certificate of execution in Form 16.15-HH;
(b) Subject to sub-paragraph (e), in the case of an arrestment on the dependence, a schedule in Form 16.15–B and a certificate of execution in Form 16.15–H;
(c) in the case of an arrestment in rem of a ship, cargo or other maritime res to enforce a maritime hypothec or lien, a schedule in Form 16.15-C and a certificate of execution in Form 16.15 I
(d) in the case of an arrestment in rem of a ship to enforce a non-pecuniary claim, a schedule in Form 16.15–D and a certificate of execution in Form 16.15–I;
(e) in the case of an arrestment on the dependence of
(i) a cargo on board a ship, a schedule in Form 16.15-B;
(ii) a ship, a schedule in Form 16.15-BB, and a certificate of execution in Form 16.15-J;
(f) subject to paragraph (g), in the case of an arrestment in execution, ... a certificate of execution in form 16.15–H;
(g) in the case of an earnings arrestment, or a current maintenance arrestment, within the meaning of Part III of the Debtors (Scotland) Act 1987, a schedule in Form 30 (in respect of an earnings arrestment), or Form 34 (in respect of a current maintenance arrestment), and a certificate of execution in Form 60, in the Schedule to the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988;
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) in the case of the execution of a charge for payment of money, a charge in Form 16.15—G and a certificate of execution in Form 16.15.–K; and
(j) in the case of an attachment, a schedule in form 3, and a report of attachment in form 8, in Appendix 1 of Schedule 1 to the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002.
(k) in the case of an interim attachment, a schedule in Form 2a, and a report of attachment in Form 2b, in Appendix 1 of Schedule 1 to the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002;
(2) Where two or more of the arrestments mentioned in paragraph (1)(a), (b), (c) and (d) are to be executed, they may be combined in one schedule of arrestment.
16.16 
The copy final decree served under section 73C(2) of the Debtors (Scotland) Act 1987 shall be in Form 16.16.
CHAPTER 17
17.1 

(1) Appearance in an action shall be entered within 3 days after the date on which the summons has called by the defender requesting a clerk of session in the appropriate section of the General Department to mark on the summons–
(a) the names of the counsel, or other person having a right of audience, and the agent acting for him; or
(b) that he appears for himself.
(2) On entering appearance, the defender shall give written intimation to the pursuer that appearance has been entered.
(3) On entering appearance, the defender shall have the right to borrow any production which has been lodged in process.
17.2 
The entering of appearance shall not imply acceptance of the jurisdiction of the court.
CHAPTER 18
18.1 

(1) Defences to an action shall consist of–
(a) numbered answers corresponding to the articles of the condescendence annexed to the summons; and
(b) appropriate pleas-in-law.
(2) Subject to rule 46.6 (ship collisions and preliminary acts), defences to an action shall be lodged in process within 7 days after the date on which the summons has called, or, if the seventh day is in vacation, on the next day on which a summons may be called.
18.2 

(1) Where a defender seeks to contest the jurisdiction of the court, he may–
(a) lodge defences relating both to jurisdiction and the substantive issues of the action without submitting to the jurisdiction of the court; or
(b) lodge defences relating only to the question of jurisdiction in the first instance.
(2) Where a defender lodges defences under paragraph (1)(b) and is unsuccessful in contesting jurisdiction, the court shall allow the defender to amend his defences to defend on the substantive issues of the action within such period as the court thinks fit.
18.3 

(1) This rule applies to answers lodged to a petition, counterclaim, minute or note.
(2) Answers shall consist of–
(a) numbered answers corresponding to the paragraphs of the statement of facts in the writ to which they apply; and
(b) appropriate pleas-in-law.
(3) Answers may be lodged at any time within the period of notice specified in the interlocutor calling for answers.
CHAPTER 19
19.1 

(1) This rule applies to any action other than an action in which the court may not grant decree without evidence.
(2) Where a defender–
(a) fails to enter appearance in accordance with rule 17.1(1), or
(b) having entered appearance, fails to lodge defences in accordance with rule 18.1(2),
the pursuer may apply by motion for decree in absence against him.
(3) A motion enrolled under paragraph (2) shall specify–
(a) the decree sought; and
(b) where appropriate, whether expenses are sought–
(i) as taxed by the Auditor; or
(ii) as elected by the pursuer under Part I of Chapter III of the Table of Fees in rule 42.16.
(4) Where a motion has been enrolled under paragraph (2), the court shall grant decree in absence in terms of all or any of the conclusions of the summons–
(a) subject to such restrictions, if any, as may be set out in a minute appended to the summons and signed by the pursuer;
(b) if satisfied that it has jurisdiction;
(c) if satisfied that the rules of service have been complied with; and
(d) where the summons was served on the defender furth of Scotland, if satisfied about service on the defender–
(i) in a case to which the Civil Jurisdiction and Judgments Act 1982 applies, as required by Article 20(2) or (3) of the convention in Schedule 1, or 3C, or Article 20(2) of Schedule 4, to that Act, as the case may be;
(ii) in a case in which service has been executed on the defender under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters dated 15th November 1965, as required by Article 15 of that convention; or
(iii) in a case in which service has been executed on the defender under a convention between the United Kingdom and the country in which service was executed, as required by the provisions of that convention.
(5) In an undefended action in which a defender is designed as resident or carrying on business furth of the United Kingdom and has no known solicitor in Scotland, the court shall, in the interlocutor granting decree in absence against him, supersede extract of that decree for such period beyond 7 days as it thinks fit to allow for the number of days required in the ordinary course of post for the transmission of a letter from Edinburgh to the residence, registered office, other official address or place of business, as the case may be, of that defender and the transmission of an answer from there to Edinburgh.
(6) Where a copy of the summons has been served on the defender furth of the United Kingdom under rule 16.2 and decree in absence is pronounced against him as a result of his failure to enter appearance, a certified copy of the interlocutor granting decree shall be served on him forthwith by the pursuer.
(7) Where a decree in absence on which a charge may be made has been granted after personal service of a summons on the defender or after the defender has entered appearance, and–
(a) the decree has not been recalled,
(b) the decree has been extracted,
(c) a charge on the decree has not been brought under review by suspension, and
(d) 60 days have elapsed since the expiry of the charge,
that decree shall have effect as a decree in foro contentioso
19.2 

(1) A decree in absence may not be reclaimed against.
(2) A defender may, not later than–
(a) 7 days after the date of a decree in absence against him, or
(b) the last day of the period for which extract of the decree has been superseded,
apply by motion for recall of the decree and to allow defences to be received.
(3) Where a defender enrols a motion under paragraph (2), he shall–
(a) at the same time lodge defences in process;
(b) have paid the sum of £25 to the pursuer; and
(c) lodge the receipt for that sum in process.
(4) On compliance by the defender with paragraphs (2) and (3), the court shall recall the decree against him and allow the defences to be received; and the action shall proceed as if the defences had been lodged timeously.
(5) Where a summons has been served on a defender furth of the United Kingdom under rule 16.2 and decree in absence has been pronounced against him as a result of his failure to enter appearance, the court may, on the motion of that defender, recall the decree and allow defences to be received if–
(a) without fault on his part, he did not have knowledge of the summons in sufficient time to defend;
(b) he has disclosed a prima facie defence to the action on the merits; and
(c) the motion is enrolled within a reasonable time after he had knowledge of the decree or in any event before the expiry of one year from the date of the decree;
and, where that decree is recalled, the action shall proceed as if the defences had been lodged timeously.
(6) On enrolling a motion under paragraph (5), the defender shall lodge defences in process.
(7) The recall of a decree under this rule shall be without prejudice to the validity of anything already done or transacted, of any contract made or obligation incurred, or of any appointment made or power granted, in or by virtue of that decree.
CHAPTER 20
20.1 

(1) Without prejudice to the power of the court to grant decree by default in other circumstances, where a party fails to attend before the Lord Ordinary on the calling of a cause–
(a) on the By Order Roll,
(b) on the Procedure Roll,
(c) for a proof, or
(d) for jury trial,
that party shall be in default.
(2) Where a pursuer is in default under paragraph (1)(a), (c) or (d), the court may grant decree by default against him with expenses.
(3) Where a pursuer is in default under paragraph (1)(b), the court may grant decree of dismissal with expenses.
(4) Where a defender is in default under paragraph (1), the court may grant decree by default against him with expenses.
(5) Where a third party is in default under paragraph (1), the court may grant decree by default against him with expenses or make such finding or order as it thinks fit.
CHAPTER 21
21.1 
This Chapter applies to any action other than–
(a) a family action within the meaning of rule 49.1(1);
(b) an action of multiplepoinding;
(c) an action of proving the tenor; or
(d) an action under the Presumption of Death (Scotland) Act 1977.
21.2 

(1) Subject to paragraphs (2) to (5) of this rule, a pursuer may, at any time after a defender has lodged defences while the action is depending before the court, apply by motion for summary decree against that defender on the ground that there is no defence to the action, or a part of it, disclosed in the defences.
(2) In applying for summary decree, the pursuer may move the court–
(a) to grant decree in terms of all or any of the conclusions of the summons;
(b) to pronounce an interlocutor sustaining or repelling a plea-in-law; or
(c) to dispose of the whole or a part of the subject-matter of the action.
(3) The pursuer shall–
(a) intimate a motion under paragraph (1) by registered post or the first class recorded delivery service to every other party not less than 14 days before the motion is enrolled; and
(b) on enrolling the motion, lodge in process–
(i) a copy of each letter of intimation; and
(ii) a certificate of intimation by post in Form 16.4 in respect of each letter of intimation.
(4) On a motion under paragraph (1), the court may–
(a) if satisfied that there is no defence to the action disclosed or to any part of it to which the motion relates, grant the motion for summary decree in whole or in part, as the case may be; or
(b) Ordain any party, or a partner, director, officer or office-bearer of, any party–
(i) to produce any relevent document or article; or
(ii) to lodge an affidavit in support of any assertion of fact made in the pleadings or at the Bar.
(5) Notwithstanding the refusal of all or part of a motion for summary decree, a subsequent motion may be made where there has been a change of circumstances.
21.3 

(1) Where a defender has lodged a counterclaim–
(a) he may apply by motion for summary decree against the pursuer on that counterclaim on the ground that there is no defence to the counterclaim, or a part of it, disclosed in the answers to it; and
(b) paragraphs (2) to (5) of rule 21.2 shall, with the necessary modifications, apply to a motion by a defender under this paragraph as they apply to a motion by a pursuer under paragraph (1) of that rule.
(2) Where a defender or third party has made a claim against another defender or third party who has lodged defences or answers, as the case may be–
(a) he may apply by motion for summary decree against that other defender or third party on the ground that there is no defence to his claim, or a part of it, disclosed in the defences or answers, as the case may be; and
(b) paragraphs (2) to (5) of rule 21.2 shall, with the necessary mofifications, apply to a motion by a defender or third party under this paragraph as they apply to a motion by a pursuer under paragraph (1) of that rule.
CHAPTER 21A
21A.1 

(1) Any party to a claim may, while that claim is depending before the court, apply by minute for the court to dismiss the claim due to inordinate and inexcusable delay by another party or another party’s agent in progressing the claim, resulting in unfairness.
(2) A minute under paragraph (1) shall–
(a) include a statement of the grounds on which dismissal of the claim is sought; and
(b) be lodged in the process of the action to which it relates.
(3) On lodging a minute under paragraph (2)(b), the party seeking dismissal of the claim shall enrol a motion for–
(a) intimation of the minute on any other parties to the claim; and
(b) an order for answers to the minute to be lodged in process within the period of 21 days from the date of intimation.
(4) On the expiry of the period referred to in paragraph (3)(b), the party seeking dismissal of the claim shall enrol a motion for further procedure.
(5) In determining an application made under this rule, the court may dismiss the claim if it appears to the court that–
(a) there has been an inordinate and inexcusable delay on the part of any party or any party’s agent in progressing the claim; and
(b) such delay results in unfairness specific to the factual circumstances, including the procedural circumstances, of that claim.
(6) In determining whether or not to dismiss a claim under paragraph (5), the court shall take account of the procedural consequences, both for the parties and for the work of the court, of allowing the claim to proceed.
CHAPTER 22
22.1 
–
(1) Subject to any other provision in these rules—
(a) where defences have been lodged, the pursuer in an action shall, within fourteen days after the date on which the time for lodging defences expired or on which the defences were lodged (whichever date was the earlier); or
(b) where in a cause a party is ordered by the court to make up an open record he shall within such period as is specified by the court,
lodge two copies of the open record in process; and on being given, in accordance with rule 22.2(1), a date for the commencement of the adjustment period and a date on which it shall close, he shall forthwith send  a copy  of the open record (endorsed in pursuance of that rule) to every other party.
(2) Where the pursuer, petitioner, noter or minuter, as the case may be, fails to comply with the requirements of paragraph (1), the defender or other party may apply by motion for decree of dismissal.
(3) An open record shall consist of the pleadings of the parties and the interlocutors pronounced in the action or cause.
22.2 
–
(1) On an open record being lodged in process the Assistant Clerk of Session shall endorse it, and the interlocutor sheet, with a stamp so as to show the date of lodging, a date on which the adjustment period shall commence (which shall be a date determined by the Deputy Principal Clerk of Session, being ordinarily the first Wednesday which occurs at least three days after the date of lodging but which may be such later date as the Deputy Principal Clerk of Session considers appropriate) and a date on which that period shall end and the record shall close (which shall be the date eight weeks after that on which the adjustment period commences); but this paragraph is without prejudice to paragraph (3).
(2) During the adjustment period parties may adjust their respective pleadings and shall intimate any such adjustments to one another.
(3) At any time during the adjustment period the court may, on the motion of any party, pronounce an interlocutor—
(a) closing the record; or
(b) extending the period of adjustment to such date as the court thinks fit, on which date the record shall close.
(4) On enrolling a motion under paragraph (3), a party shall  make available for the use of the court  a copy of the open record (endorsed in pursuance of paragraph (1)) showing the adjustments, if any, as at the date of enrolment.
(5) An endorsement in pursuance of paragraph (1) may be corrected or altered by the Deputy Principal Clerk of Session at any time before the date for the time being shown in the endorsement as the date on which the record shall close.
(6) An endorsement which cannot be corrected or altered under paragraph (5) may, on cause shown, be corrected by the Lord Ordinary at any time.
22.3 

(1) The pursuer shall, within four weeks after the date on which the record is closed—
(a) send  a copy  of the closed record to the defender and to every other party; and
(b) lodge three copies of the closed record in process,
and if there is failure to do so the defender or any other party may apply by motion for decree of dismissal.
(2) A closed record shall consist of the pleadings of the parties and the interlocutors pronounced in the action or cause (endorsed in pursuance of rule 22.2(1)).
(5) The pursuer shall, on lodging the copies of the closed record as required by  paragraph (1)(b), enrol a motion craving the court–
(a) where parties have agreed on further procedure, of consent–
(i) to appoint the cause to the Procedure Roll for consideration of all the preliminary pleas of parties or such of the pleas as may be specified;
(ii) to allow to parties a preliminary proof on specified matters or in respect of specified pleas;
(iii) to allow to parties a proof before answer of their respective averments under reservation of such preliminary pleas as may be specified;
(iv) to allow a proof;
(v) to allow issues for jury trial; or
(vi) to make some other specified order; or
(b) where parties have been unable to agree on further procedure, to appoint the cause to the By Order (Adjustment) Roll.
(6) In a cause which is one of more than one cause arising out of the same cause of action, the court may, on or after pronouncing an interlocutor ordering further procedure under paragraph (5)–
(a) on the motion of a party to that cause, and
(b) after hearing parties to all those causes,
appoint that cause or any other of those causes to be the leading cause and to sist the other causes pending the determination of the leading cause.
(7) In this rule, “pursuer” includes petitioner, noter or minuter, as the case may be.
22.4 

(1) Where a cause has been appointed to the Procedure Roll, a party seeking to have a preliminary plea sustained shall–
(a) lodge in process a concise note of argument consisting of numbered paragraphs stating the grounds on which he proposes to submit that the preliminary plea should be sustained,
(b) lodge a copy of the note with the Keeper of the Rolls, and
(c) send a copy of the note to every other party.
(2) The note shall be lodged and sent in accordance with paragraph (1) within 28 days after the date of the interlocutor appointing the cause to the Procedure Roll unless the court, at its own instance or on the motion of a party, orders that the note be lodged and sent within a different period.
CHAPTER 23
PART 1
23.1 
In this Chapter, unless the context otherwise requires, “party” includes any person entitled under these Rules to enrol a motion or to whom intimation of a motion is required to be made by these Rules or the court.
23.1A. 

(1) A motion by a party may be—
(a) made orally at the bar with leave of the court during any hearing of a cause; or
(b) enrolled in the cause in accordance with the relevant rules.
(2) In paragraph (1)(b), the “relevant rules” are—
(a) where paragraph (3) applies, Parts 2 and 4 of this Chapter;
(b) where paragraph (3) does not apply, Parts 3 and 4 of this Chapter.
(3) This paragraph applies—
(a) where the cause was initiated by summons, is proceeding in the Outer House and is not a commercial action; and
(b) each party has provided to the Deputy Principal Clerk an email address for the purpose of transacting motion business.
(4) Subject to paragraph (5), an agent representing a party in a cause of the sort mentioned in paragraph (3)(a) must provide to the Deputy Principal Clerk an email address for the purpose of transacting motion business.
(5) An agent who does not have suitable facilities for transacting motion business by email may make a declaration in writing to that effect, which must be—
(a) sent to the Deputy Principal Clerk; and
(b) intimated to each of the other parties to the cause.
(6) The Deputy Principal Clerk must maintain a list of the email addresses provided to him for the purpose of transacting motion business, which must be published in up-to-date form on the website of the Scottish Court Service.
(7) The Deputy Principal Clerk must also include on the list maintained under paragraph (6) an email address of the court for the purpose of enrolling motions.
(8) In this rule, “transacting motion business” means—
(a) intimating and enrolling motions;
(b) receiving intimation of motions;
(c) intimating consent or opposition to motions;
(d) receiving intimation of or opposition to motions.
PART 2
23.1B. 

(1) In this Part—
 “court day” means a day on which the Office of Court is open;
 “court day 1” means the court day on which a motion is treated as being intimated under rule 23.1C;
 “court day 3” means the second court day after court day 1;
 “court day 4” means the third court day after court day 1;
 “enrolling party” means the party enrolling the motion; and
 “receiving party” means a party receiving intimation of the motion from the enrolling party.
(2) In this Part, a reference to a party’s address is a reference to the email address listed for that party’s agent or, as the case may be, that party, in the list maintained under rule 23.1A(6); and a reference to the court’s email address is a reference to the email address included on that list by virtue of rule 23.1A(7).
23.1C. 

(1) Subject to paragraph (2) and any other provision in these Rules, an enrolling party in a cause where—
(a) appearance has been entered by a defender under rule 17.1(1),
(b) defences, a minute or answers have been lodged by a party, or
(c) provision is made for intimation of a motion to a party in accordance with this Part,shall give intimation of his intention to make such enrolment, and of the terms of the motion, to every such party by sending an email in Form 23.1C to the addresses of every such party.
(2) The requirement under paragraph (1) to give intimation of a motion to a party by email shall not apply where that party—
(a) having entered appearance, fails to lodge defences within the period for lodging those defences;
(b) has not lodged answers within the period of notice for lodging those answers; or
(c) has withdrawn or is deemed to have withdrawn his defences, minute, note or answers, as the case may be.
(3) Subject to rule 23.1J, a motion intimated under this rule shall be intimated not later than 5 p.m. on a court day.
23.1D. 

(1) A receiving party shall intimate any opposition to a motion intimated under rule 23.1C by sending an email in Form 23.1D to the address of the enrolling party.
(2) Subject to paragraph (3) and rule 23.1J, any opposition to a motion under this rule shall be intimated to the enrolling party not later than 5 p.m. on court day 3.
(3) Late opposition to a motion under this rule should be sent to the email address of the court and may only be allowed with the leave of the court, on cause shown.
23.1E. 
Where a receiving party seeks to consent to a motion intimated under rule 23.1C, the receiving party may intimate such consent by sending an email confirming the consent to the address of the enrolling party.
23.1F. 

(1) This rule applies where a motion has been intimated under rule 23.1C and no opposition has been intimated under rule 23.1D.
(2) The motion shall be enrolled by the enrolling party not later than 12.30 p.m. on court day 4 by sending an email in Form 23.1C headed “Unopposed Motion” to the email address of the court.
(3) Subject to paragraph (4), a motion enrolled under paragraph (2) shall be determined by the court by 5 p.m. on court day 4.
(4) Where for any reason it is not possible for a motion enrolled under paragraph (2) to be determined by 5 p.m. on court day 4, the clerk of session shall advise the parties or their agents of that fact and shall give reasons.
(5) A motion enrolled under paragraph (2) shall appear in the rolls.
23.1G. 

(1) This rule applies where opposition to a motion has been intimated under rule 23.1D.
(2) The motion shall be enrolled by the enrolling party not later than 12.30 p.m. on court day 4 by sending an email in Form 23.1C headed “Opposed Motion”, together with an attached Form 23.1D to the email address of the court.
(3) Where a motion is enrolled under paragraph (2) the motion shall be heard on the first sederunt day after court day 4, or, if this is not possible, at another date and time convenient to the court and, where possible, to parties.
(4) Where a motion is opposed under this Part, the entry in the rolls in respect of that motion shall be starred.
23.1H. 
Where the court pronounces an interlocutor in respect of a motion intimated and enrolled under this Part, the clerk of session shall forthwith email a copy of the interlocutor to the addresses of the enrolling party and every receiving party.
23.1J. 

(1) Where these Rules otherwise provide for a period of intimation of—
(a) a motion;
(b) opposition to a motion; or
(c) consent to a motion,that period shall apply, notwithstanding the intimation period referred to in this Part.
(2) Paragraph (1) applies whether or not the intimation period mentioned elsewhere in these Rules is referred to by a specific number of days.
(3) Where—
(a) every receiving party in a cause consents to a shorter period of intimation; or
(b) the court shortens the period of intimation,
the enrolling party, when intimating a motion by email under rule 23.1C, may indicate that the period within which opposition to the motion is to be intimated by a receiving party is shortened accordingly; and rule 23.1D(2) shall be read accordingly.
(4) Where paragraph (3) applies, notwithstanding the time periods referred to in rule 23.1F(2), (3) and (4) and rule 23.1G(2) and (3), the motion may be enrolled by the enrolling party, or heard or otherwise determined by the court at an earlier time and date than that which is specified in those rules.
(5) Subject to paragraphs (1) and (2), where a motion is intimated under this Part after the lapse of one year from the date of the last interlocutor in the cause—
(a) in the application of rule 23.1D, the reference to court day 3 shall be read as a reference to the fourteenth court day after court day 1; and
(b) in the application of rules 23.1F and 23.1G, references to court day 4 shall be read as references to the fifteenth court day after court day 1.
PART 3
23.2 

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A motion may be enrolled–
(a) by lodging it in Form 23.2, with any document which requires to be lodged with or which accompanies the motion, at the appropriate department of the Office of Court during its normal office hours;
(b) subject to paragraph (3), by posting it in Form 23.2, with any document which requires to be lodged with or which accompanies the motion, to the appropriate department of the Office of Court; or
(c) subject to paragraph (4), by sending it by facsimile transmission in Form 23.2, with any document which requires to be lodged with or which accompanies the motion, to the appropriate department of the Office of Court.
(3) A motion may not be enrolled under paragraph (2)(b) where a fee is payable with that motion unless–
(a) the motion is enrolled by an agent who has a Court of Session account; or
(b) is accompanied by a cheque from the agent for the fee.
(4) A motion may not be enrolled under paragraph (2)(c) where–
(a) a document which requires to be lodged with, or which accompanies, the motion–
(i) is a step of process which requires to be or is signed;
(ii) is an open or closed record, reclaiming print, appeal print or appendix;
(iii) consists of more than four pages (including the backing sheet); or
(iv) does not fall within a class of documents prescribed by the Lord President by direction as a document which may be sent by facsimile transmission in support of a motion of a category, and on such conditions, prescribed by that direction;
(b) a fee is payable with that motion unless the motion is enrolled by an agent who has a Court of Session account; or
(c) it falls within a category of motions prescribed by the Lord President by direction as unsuitable for enrolment by facsimile transmission.
(5) On receipt of a motion lodged, sent by post or transmitted by facsimile under paragraph (2), a clerk of session shall attach the motion to the motion sheet.
(6) A motion sent by post or facsimile transmission under paragraph fi (2) shall be treated as enrolled when it is received in the appropriate department of the Office of Court.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23.3 

(1) Subject to paragraph (2) and any other provision in these Rules, the party enrolling a motion in a cause where–
(a) appearance has been entered by a defender under rule 17.1(1),
(b) defences, a minute or answers have been lodged by a party, or
(c) provision is made for intimation of a motion to a party in accordance with this Part,
shall give written intimation of his intention to make such enrolment, and of the terms of the motion, to every such party.
(2) The requirement under paragraph (1) to give written intimation of a motion to a party shall not apply where that party–
(a) having entered appearance, fails to lodge defences within the period for lodging those defences;
(b) has not lodged answers within the period of notice for lodging those answers; or
(c) has withdrawn or is deemed to have withdrawn his defences, minute, note or answers, as the case may be.
(3) Such intimation shall be made so as to reach the other party not later than 12.30 p.m. on the day before enrolment, except where–
(a) the other party concerned in the motion consents to a shorter period of intimation;
(b) the period of intimation is otherwise provided in these Rules; or
(c) the court shortens or extends the period of intimation or dispenses with intimation.
(4) Where a motion is enrolled  under rule 23.2 after the lapse of one year from the date of the last interlocutor in the cause, written intimation shall be given to every other party not less than 14 days before the date of enrolment.
(5) Where written intimation of a motion has been given under this rule, the party enrolling the motion shall state that this has been done on the motion in Form 23.2.
23.4 

(1) Where a party seeks to oppose a motion enrolled under rule 23.2, he shall–
(a) not later than the day and time as the Lord President shall prescribe by direction for the lodging of notices of opposition to motions, lodge a notice of his opposition in Form 23.4 at the appropriate department of the Office of Court during its normal office hours;
(b) post a notice of opposition in Form 23.4 to the appropriate department of the Office of Court; or
(c) send by facsimile transmission a notice of opposition in Form 23.4 to the appropriate department of the Office of Court.
(2) Opposition to a motion sent by post or facsimile transmission under paragraph (1)(b) or (c) shall be treated as lodged when the notice of opposition is received in the appropriate department of the Office of Court.
(3) On receipt of a notice of opposition lodged, sent by post or facsimile transmission under paragraph (1), a clerk of session shall attach the notice to the motion sheet.
(4) A party who opposes a motion  under this rule shall give written intimation of his opposition to every other party so as to reach such other party not later than 12.30 p.m. on the day on which the opposition is lodged or treated as lodged.
(5) Where written intimation of opposition to a motion has been given under this rule, the party who has given such intimation shall state that this has been done on the notice of opposition in Form 23.4.
(6) Where a motion is opposed under this rule, the entry in the rolls in respect of that motion shall be starred.
23.5 
Where a party seeks to consent to a motion enrolled under rule 23.2, he may–
(a) endorse the motion with his consent;
(b) post a notice of consent in Form 23.5 to the appropriate department of the Office of Court; or
(c) send by facsimile transmission a notice of consent in Form 23.5 to the appropriate department of the Office of Court.
23.6 

(1) Subject to the rules mentioned in paragraph (2), the day of publication on the walls of the court and of the hearing of a motion enrolled  under this Part on any day shall be determined in accordance with such provisions as the Lord President shall prescribe by direction.
(2) The rules referred to in paragraph (1) are:–
 rule 23.7 (motions in session outwith a term or in vacation),
 rule 23.8 (motions by pursuer before calling or petitioner before first order),
 rule 23.9 (motions where caveat lodged),
 rule 23.10 (motions by defender or other person before calling).
(3) A motion enrolled in a cause in the Outer House shall be heard by the Lord Ordinary.
(4) A motion enrolled in a cause in the Inner House shall be heard in the Single Bills by a Division of the Inner House.
PART 4 
23.7 

(1) A motion which is to be heard by the Lord Ordinary in session outwith a term, or in vacation by the vacation judge, shall not appear in the rolls.
(2) A party enrolling such a motion shall be informed at the time of enrolment whether or not any appearance is required.
(3) Any such motion which is opposed in accordance with rule 23.4 shall require appearance for the party whose motion it is.
(4) On the afternoon of the day preceding each sitting of the lord Ordinary in session outwith a term or of the vacation judge there shall be published on the walls of the court a list of unopposed motions for which appearance is required followed by a list of opposed motions, each in alphabetic order.
(5) Motions before the Lord Ordinary in session outwith a term or the vacation judge shall be called for hearing in the order in which they appear in the list published under paragraph (4).
23.8 

(1) A motion enrolled by a pursuer in an action before the calling of the summons or by a petitioner before an order under rule 14.5(1)(a) (order for intimation, service and advertisement in petitions) has been made–
(a) shall, subject to any other provision in these Rules, be brought as soon as reasonably practicable by the Keeper of the Rolls, or a clerk of session instructed by him, before the Lord Ordinary sitting in court or in chambers; and
(b) shall not require to be published in the rolls.
(2) On enrolling such a motion, the pursuer or petitioner, as the case may be, shall be informed whether or not appearance is required.
23.9 
Where a motion in respect of which a caveat has been lodged is enrolled, the Keeper of the Rolls shall–
(a) fix a hearing of the motion before the Lord Ordinary sitting in court or in chambers as soon as reasonably practicable; and
(b) inform the parties concerned of the date and time of the hearing.
23.10 

(1) A motion enrolled in an action before the calling of the summons by a person other than the pursuer shall be intimated forthwith by the Deputy Principal  Clerk  to the pursuer.
(2) The Keeper of the Rolls shall–
(a) fix a hearing of such a motion before the Lord Ordinary sitting in court or in chambers as soon as reasonably practicable; and
(b) inform the parties concerned of the date and time of the hearing.
23.11 
Unless otherwise provided in these Rules or any other enactment, an application to the court under any other enactment in fi a cause depending before the court shall be made by motion.
23.12 
Where a motion is called for hearing in the Motion Roll or Single Bills and is dropped, the Auditor shall, in taxing any expenses found due to the party on whose behalf the motion was enrolled, disallow the expenses occasioned by the motion unless he is satisfied that the motion was properly enrolled and properly dropped.
23.13 
Where the court grants a motion in whole or in part, it may do so subject to such conditions, if any, as to expenses or otherwise as it thinks fit.
23.14 

(1) A solicitor shall have a right of audience before the court in respect of a motion which is heard in chambers under any of the following rules:–
 rule 23.8 (motions by pursuer before calling or petitioner before first order),
 rule 23.9 (motions where caveat lodged),
 rule 23.10 (motions by defender or other person before calling).
(2) A solicitor shall have a right of audience before the Lord Ordinary sitting during session outwith a term in respect of any motion.
23.15. 
Where appearance for the party who enrolled the motion is required for a motion, the entry in the rolls in respect of that motion shall be starred.
CHAPTER 24
24.1 

(1) In any cause the court may, at any time before final judgment, allow an amendment mentioned in paragraph (2).
(2) Paragraph (1) applies to the following amendments:–
(a) an amendment of a principal writ which may be necessary for the purpose of determining the real question in controversy between the parties, notwithstanding that in consequence of such amendment–
(i) the sum sued for in a summons is increased or restricted; or
(ii) a different remedy from that originally concluded for or craved is sought;
(b) an amendment which may be necessary–
(i) to correct or supplement the designation of a party to the cause;
(ii) to enable a party who has sued or has been sued in his own right to sue or be sued in a representative capacity;
(iii) to enable a party who has sued or has been sued in a representative capacity to sue or be sued in his own right or in a different representative capacity;
(iv) to add the name of an additional pursuer, a petitioner or person whose concurrence is necessary;
(v) where the cause has been commenced or presented in the name of the wrong person, or it is doubtful whether it has been commenced or presented in the name of the right person, to allow any other person to be sisted in substitution for, or in addition to, the original person; or
(vi) to direct conclusions against a third party brought into an action under Chapter 26 (third party procedure);
(c) an amendment of a condescendence, defences, answers, pleas-in-law or other pleadings which may be necessary for determining the real question in controversy between the parties; and
(d) where it appears that all parties having an interest have not been called or that the cause has been directed against the wrong person, an amendment inserting in the instance of the principal writ an additional or substitute party and directing existing or additional conclusions or craves, averments and pleas-in-law against that party.
24.2 

(1) Subject to paragraph (2), a party seeking to amend shall lodge a minute of amendment in process setting out his proposed amendment and, at the same time, enrol a motion–
(a) to allow the minute of amendment to be received; and
(b) to allow–
(i) amendment in terms of the minute of amendment and, where appropriate, to grant an order under rule 24.3(1) or (2) (service of amended pleadings); or
(ii) in any other case, where the minute of amendment may require to be answered, any other party to lodge answers within a specified period or such period as the court thinks fit.
(2) Where the amendment proposed is of a minor and formal nature, the party seeking to amend may enrol a motion to allow amendment in the terms set out in the motion.
(3) Where the court has pronounced an interlocutor allowing a minute of amendment to be received and answered, then–
(a) where answers have been lodged,  unless the court otherwise orders parties may adjust the minute of amendment and answers within 4 weeks after the date on which answers were lodged or, where more than one set of answers have been lodged, the latest date on which answers were lodged;
(b) the party who has lodged the minute of amendment shall–
(i) where answers have been lodged, within 14 days after the expiry of the period for adjustment of the minute of amendment and answers or any continuation of it, or
(ii) where no answers have been lodged, within 14 days after the expiry of the period for lodging answers or any prorogation of it,
enrol a motion to amend the writ or other pleadings in terms of the minute of amendment and answers (if any) or for other further procedure, as the case may be.
(4) Where a party fails to enrol a motion under paragraph (3)(b), the court shall appoint the cause to be put out on the By Order Roll and, having heard parties on that roll, may–
(a) if moved to do so, allow the amendment;
(b) make such order as to further procedure as it thinks fit; and
(c) in any event, make such order in respect of expenses as it thinks fit.
(5) Where a party to a cause before the Inner House enrols a motion to amend a record in terms of a minute of amendment and answers (if any), he shall at the same time enrol for an order for further procedure  ; and if it is reasonably practicable to do so, the party shall specify the nature of such further procedure.
24.3 

(1) In an undefended action where no appearance has been entered or in an unopposed petition or note, unless the amendment is formal in character, the court shall–
(a) order that a copy of the principal writ as amended be served on a specified person; and
(b) allow that person to lodge defences or answers, as the case may be, within such period as the court thinks fit.
(2) Where an amendment under rule 24.1(2)(d) (all parties not, or wrong person, called) has been made–
(a) the court shall order that a copy of the pleadings as so amended be served by the party who made the amendment on that additional or substitute party with a notice in Form 24.3 specifying the date by which defences or answers, as the case may be, must be lodged; and
(b) the party who made the amendment shall lodge in process–
(i) a copy of the pleadings as amended;
(ii) a copy of the notice mentioned in sub-paragraph (a);
(iii) a copy of the interlocutor ordering service; and
(iv) a certificate of service.
(3) When paragraph (2) has been complied with, the cause as so amended shall proceed in every respect as if that party had originally been made a party to the cause.
24.4 
The court shall find the party making an amendment liable in the expenses occasioned by the amendment unless it is shown that it is just and equitable that the expenses occasioned by the amendment should be otherwise dealt with, and may attach such other conditions as it thinks fit.
24.5 
Where an amendment has been allowed, the amendment shall–
(a) not validate diligence used on the dependence of a cause so as to prejudice the rights of creditors, of the party against whom the diligence has been executed, who are interested in defeating such diligence; and
(b) preclude any objection to such diligence stated by a party or any person by virtue of a title acquired or in right of a debt contracted by him subsequent to the execution of such diligence.
24.6. 

(1) This rule applies where a party—
(a) is a party to more than one cause depending before the court; and
(b) wishes the pleadings in those causes to be amended to reflect a change in the party’s name.
(2) A party mentioned in paragraph (1) may apply to the court for the pleadings in each of the affected causes to be amended by the substitution of the new name for the old name—
(a) in the instance or, as the case may be, address;
(b) in any averments or, as the case may be, statement of facts which have the sole purpose of identifying or designating that party by name.
(3) The application shall be made by motion and include—
(a) a list of all of the affected causes;
(b) official evidence of the change of name (for example, an extract of an entry in the register of companies or an extract of an entry in a register held by the National Records of Scotland);
(c) a statement that the applicant has informed all other parties in the affected causes of the applicant’s intention to make the application and that the other parties have been given a reasonable opportunity to object to the amendment of the pleadings.
(4) Subject to paragraph  (5), the motion shall be placed before a Lord Ordinary in chambers for determination.
(5) Where any of the affected causes is in the Inner House, the application shall be placed before an Inner House judge in chambers for determination.
(6) An interlocutor pronounced under this rule shall have effect as an interlocutor in each of the affected causes.
(7) A party to any of the affected causes may apply to the court for a determination made under this rule to be reconsidered in respect of that cause.
CHAPTER 25
25.1 

(1) In any action other than a family action within the meaning of rule 49.1(1) or an action of multiplepoinding, a defender may lodge a counterclaim against a pursuer–
(a) where the counterclaim might have been made in a separate action in which it would not have been necessary to call as a defender any person other than the pursuer; and
(b) in respect of any matter–
(i) forming part, or arising out of the grounds, of the action by the pursuer;
(ii) the decision of which is necessary for the determination of the question in controversy between the parties; or
(iii) which, if the pursuer had been a person not otherwise subject to the jurisdiction of the court, might have been the subject-matter of an action against that pursuer in which jurisdiction would have arisen by reconvention.
(2) A counterclaim may be lodged in process–
(a) at any time before the record is closed; or
(b) at any later stage, with leave of the court and subject to such conditions, if any, as to expenses or otherwise as the court thinks fit.
(3) A counterclaim shall be headed “Counterclaim for the defender” and shall contain–
(a) conclusions, stated in accordance with the appropriate short style, if any, in Form 13.2–B which, if the counterclaim had been made in a separate action, would have been appropriate in the summons in that separate action;
(b) a statement of facts in numbered paragraphs setting out the facts on which the counterclaim is founded, incorporating by reference, if necessary, any matter contained in the defences; and
(c) appropriate pleas-in-law.
25.2 

(1) A defender who lodges a counterclaim may apply by motion for authority for diligence by—
(a) inhibition on the dependence of the action;
(b) arrestment on the dependence of the action where there is a conclusion for the payment of money;
(c) arrestment in rem; or
(d) dismantling a ship.
(2) A certified copy of an interlocutor granting a motion under paragraph (1) shall be sufficient authority for execution of the diligence.
(3) A certified copy of an interlocutor granting authority for inhibition under this rule may be registered with a certificate of execution in the Register of Inhibitions and Adjudications.
(4) A notice of a certified copy of an interlocutor granting authority for inhibition under this rule may be registered in the Register of Inhibitions and Adjudications; and such registration is to have the same effect as registration of a notice of inhibition under section 155(2) of the Titles to Land Consolidation (Scotland) Act 1868.
25.3 

(1) Answers to a counterclaim may be lodged by a pursuer–
(a) where the counterclaim is lodged before the record is closed, within 14 days after the date on which the counterclaim is lodged; or
(b) in any other case, within the period appointed by the interlocutor allowing the counterclaim to be received.
(2) Where answers to a counterclaim have been lodged, the court may, on the motion of the pursuer or defender, allow such period for adjustment as it thinks fit.
25.4 

(1) The right of a pursuer to abandon his action under rule 29.1 shall not be affected by a counterclaim; and any expenses for which the pursuer is found liable as a condition, or in consequence, of such abandonment shall not include the expenses of the counterclaim.
(2) Notwithstanding abandonment by the pursuer, a defender may insist in his counterclaim; and the proceedings in the counterclaim shall continue in dependence as if the counterclaim were a separate action.
25.5 

(1) Where a proof or jury trial is allowed between parties to an action, the court may allow any counterclaim to proceed to proof or jury trial, as the case may be, before, at the same time as or after, the action as it thinks fit.
(2) Where evidence is led in a counterclaim separately from the evidence in the action, the evidence in one cause shall, so far as competent and relevant, be evidence in the other cause.
25.6 
A decree or other interlocutor which could have been pronounced in a separate action brought to enforce the conclusions stated in a counterclaim may be pronounced in respect of the counterclaim.
CHAPTER 25A
25A.1 
In this Chapter–
 “Advocate General” means the Advocate General for Scotland;
 “devolution issue” means a devolution issue within the meaning of–
(a) Schedule 6 to the Scotland Act 1998;
(b) Schedule 10 to the Northern Ireland Act 1998; or
(c) Schedule 9 to the Government of Wales Act 2006,and any reference to Schedule 6, Schedule 10 or  Schedule 9  is a reference to that Schedule to, respectively, the Scotland Act 1998, the Northern Ireland Act 1998 and the  Government of Wales Act 2006;
 ...
 “relevant authority” means the Advocate General and–
(a) in the case of a devolution issue within the meaning of Schedule 6, the Lord Advocate;
(b) in the case of a devolution issue within the meaning of Schedule 10, the Attorney General for Northern Ireland, and the First Minister and deputy First Minister acting jointly;
(c) in the case of a devolution issue within the meaning of  Schedule 9, the Counsel General to the Welsh Assembly Government.
25A.2 
Where any summons, petition or other principal writ contains an averment or conclusion which raises a devolution issue, the principal writ shall be served on the relevant authority, unless he has initiated the proceedings.
25A.3 

(1) It shall not be competent for a party to any proceedings to raise a devolution issue otherwise than in the pleadings before any evidence is led, unless the court, on cause shown, otherwise determines.
(2) Where the court determines that a devolution issue may be raised as mentioned in paragraph (1) it shall make such orders as to the procedure to be followed as appear to it to be appropriate and, in particular, it shall make such orders–
(a) as are necessary to ensure that intimation of the devolution issue is given in writing to the relevant authority for the purposes of paragraph 5 of Schedule 6, or as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of  Schedule 9; and
(b) as to the time in which any step is to be taken by any party in the proceedings.
25A.4 

(1) Any party raising a devolution issue shall specify–
(a) where he initiates the action, in the principal writ;
(b) where a counterclaim is lodged, in the counterclaim;
(c) in any other case, in the defences or answers,
the facts and circumstances and contentions of law on the basis of which it is alleged that the devolution issue arises in sufficient detail to enable the court to determine, for the purposes of paragraph 2 of Schedule 6 or, as the case may be, of Schedule 10 or  Schedule 9, whether a devolution issue arises in the proceedings.
(2) Where a party wishes to raise a devolution issue after the lodging of any writ mentioned in paragraph (1), he shall do so either by adjustment or amendment so as to specify in his pleadings the matters mentioned in that paragraph.
25A.5 

(1) Intimation of a devolution issue in pursuance of paragraph 5 of Schedule 6 or, as the case may be, paragraph 23 of Schedule 10 or paragraph 14(1) of  Schedule 9  shall be given to the relevant authority (unless he is a party to the proceedings or has been served with the principal writ in pursuance of Rule 25A.2) in accordance with this Rule.
(2) Where the devolution issue is raised in the principal writ, service of the principal writ on the relevant authority shall be treated as such intimation.
(3) In any other case, the party raising the devolution issue shall, as soon as practicable, enrol a motion craving a warrant to intimate the devolution issue to the relevant authority and on hearing the motion, where it appears to the court that a devolution issue arises, the court shall order such intimation in Form 25A.5.
(4) The intimation of a devolution issue shall specify 14 days, or such other period as the court on cause shown may specify, as the period within which a relevant authority may give notice to the Deputy Principal Clerk of his intention to take part as a party in the proceedings as mentioned in paragraph 6 of Schedule 6 or, as the case may be, paragraph 24 of Schedule 10 or paragraph 14(2) of  Schedule 9.
25A.5A 
—Where, after determination at first instance of any proceedings in which a devolution issue has been raised, a party to those proceedings–
(a) marks a reclaiming motion under rule 38.6; or
(b) makes an application to the nobile officium of the court under rule 14.3,that party shall, unless the relevant authority is already party to the proceedings, at the same time intimate the motion to, or seek leave to serve the petition on, the relevant authority together with a notice in Form 25A.5A
25A.6 

(1) Where a relevant authority gives notice as mentioned in Rule 25A.5(4), he shall, not later than 7 days after the date of such notice, lodge a minute of his written submissions in respect of the devolution issue together with conclusions and pleas in law as appropriate.
(1A) Where a relevant authority does not take part as a party in the proceedings at first instance the court may allow him to take part as a party in any subsequent appeal, reclaiming motion or reference to a higher court.
(2) The minute lodged in accordance with paragraph (1) shall be intimated to all other parties in the proceedings.
25A.7 

(1) Where a devolution issue arises in any proceedings before the Lord Ordinary, any reference of the devolution issue to the Inner House as mentioned in paragraph 7 of Schedule 6 or, as the case may be, paragraph 25 of Schedule 10 or paragraph 15 of  Schedule 9  shall be by means of a Report in accordance with Chapter 34 of these Rules.
(2) Where, in any proceedings before the Lord Ordinary, reference of a devolution issue is made to the Inner House, the Deputy Principal Clerk shall, unless the relevant authority is already party to the proceedings, not later than seven days after the reference has been made, give notice of the reference in Form 25A.7 to the relevant authority.
25A.8 

(1) Where the court–
(a) decides in accordance with paragraph 10 of Schedule 6 or, as the case may be, paragraph 28 of Schedule 10 or paragraph 18 of  Schedule 9; or
(b) is required as mentioned in paragraph 33 of Schedule 6 or, as the case may be, paragraph 33 of Schedule 10 or  paragraph 29(1) of Schedule 9,
to refer a devolution issue to the  Supreme Court, it shall pronounce an interlocutor giving directions to the parties about the manner and time in which the reference is to be drafted and adjusted.
(2) When the reference has been drafted at the sight of the court, the court shall make and sign the reference.
(3) The reference shall include such matter as may be required by  Practice Direction 10 of the Supreme Court, and shall have annexed to it the interlocutor making the reference.
(4) Service of the reference in  accordance with Practice Direction 10 of the Supreme Court  may be effected by the Deputy Principal Clerk by first class recorded delivery post.
25A.9 

(1) Subject to paragraph (2), on a reference being made to the  Supreme Court  as mentioned in Rule 25A.8, the cause shall, unless the court when making the reference otherwise orders, be sisted until the Supreme Court has determined the devolution issue.
(2) The court may recall a sist made under paragraph (1) for the purpose of making any interim order which a due regard to the interests of the parties may require.
25A.10 

(1) The reference shall be transmitted by the Deputy Principal Clerk to the Registrar of the  Supreme Court .
(2) Unless the court otherwise directs, the reference shall not be sent to the Registrar of the  Supreme Court  where a reclaiming motion or an appeal against the making of the reference is pending.
(3) For the purpose of paragraph (2), a reclaiming motion or an appeal shall be treated as pending–
(a) until the expiry of the time for marking the reclaiming motion or appeal; or
(b) where a reclaiming motion or an appeal has been made, until it has been determined.
25A.11 

(1) Where an appeal to the  Supreme Court  is made–
(a) under paragraph 12 of Schedule 6 or, as the case may be, paragraph 30 of Schedule 10 or paragraph 20 of  Schedule 9; or
(b) with leave or special leave, under paragraph 13(b) of Schedule 6 or, as the case may be, paragraph 31(b) of Schedule 10 or paragraph 21(b) of  Schedule 9,
the court from whose determination the appeal is made may make such orders as it thinks fit, having regard to the interests of the parties to the cause, for the purpose of regulating the proceedings pending the determination of the appeal by the Supreme Court, including orders relating to interim possession, execution and expenses already incurred.
(2) Where the determination of an appeal by the  Supreme Court  does not dispose of the whole cause, the court against whose determination the appeal was made shall order such further procedure as is necessary to enable it to dispose of the whole cause.
25A.12 

(1) In any proceedings where the Court is considering making an order under–
(a) section 102 of the Scotland Act 1998;
(b) section 81 of the Northern Ireland Act 1998; or
(c) section 153 of the Government of Wales Act 2006,
(power of the court to vary or suspend the effect of certain decisions), the Court shall order intimation of the fact to be made by the Deputy Principal Clerk to every person to whom intimation is required to be given by that section.
(2) Intimation as mentioned in paragraph (1) shall–
(a) be made forthwith in Form 25A. 12 by first class recorded delivery post; and
(b) specify 7 days, or such other period as the court thinks fit, as the period within which a person may give notice of his intention to take part in the proceedings.
CHAPTER 26
26.1 

(1) Where, in an action, a defender claims that–
(a) he has in respect of the subject-matter of the action a right of contribution, relief or indemnity against any person who is not a party to the action, or
(b) a person whom the pursuer is not bound to call as a defender should be made a party to the action along with the defender in respect that such person is–
(i) solely liable, or jointly or jointly and severally liable with the defender, to the pursuer in respect of the subject-matter of the action, or
(ii) liable to the defender in respect of a claim arising from or in connection with the liability, if any, of the defender to the pursuer,
he may apply by motion for an order for service of a third party notice on that other person in Form 26.1–A for the purpose of convening that other person as a third party to the action.
(2) Where–
(a) a pursuer against whom a counterclaim has been made, or
(b) a third party convened in the action,
seeks, in relation to the claim against him, to make against a person who is not a party, a claim mentioned in paragraph (1) as a claim which could be made by a defender against a third party, he shall apply by motion for an order for service of a third party notice in Form 26.1–B (notice by pursuer) or Form 26.1–C (notice by third party), as the case may be, in the same manner as a defender under that paragraph; and rules 26.2 to 26.7 shall, with the necessary modifications, apply to such a claim as they apply in relation to such a claim by a defender.
26.2 

(1) Where a defender intends to apply by motion for an order for service of a third party notice before the closing of the record, he shall, before enrolling the motion, set out in his defences, by adjustment to those defences, or in a separate statement of facts annexed to those defences–
(a) averments setting out the grounds on which he maintains that the proposed third party is liable to him by contribution, relief or indemnity or should be made a party to the action; and
(b) appropriate pleas-in-law.
(2) Where a defender applies by motion for an order for service of a third party notice after the closing of the record, he shall, on enrolling the motion, lodge a minute of amendment containing–
(a) averments setting out the grounds on which he maintains that the proposed third party is liable to him by contribution, relief or indemnity or should be made a party to the action, and
(b) appropriate pleas-in-law,
unless those grounds and pleas-in-law have been set out in the defences in the closed record.
26.3 

(1) A defender who applies for an order for service of a third party notice may apply by motion for authority for—
(a) arrestment to found jurisdiction; or
(b) diligence by—
(i) inhibition on the dependence of the action;
(ii) arrestment on the dependence of the action where there is a conclusion for the payment of money;
(iii) arrestment in rem; or
(iv) dismantling a ship.
(2) A certified copy of an interlocutor granting a motion under paragraph (1) shall be sufficient authority for execution of the arrestment to found jurisdiction or, as the case may be, the diligence.
(3) A certified copy of an interlocutor granting authority for inhibition under this rule may be registered with a certificate of execution in the Register of Inhibitions and Adjudications.
(4) A notice of a certified copy of an interlocutor granting authority for inhibition under this rule may be registered in the Register of Inhibitions and Adjudications; and such registration is to have the same effect as registration of a notice of inhibition under section 155(2) of the Titles to Land Consolidation (Scotland) Act 1868.
26.4 

(1) A third party notice shall be served on the third party within such period as the court shall specify in the interlocutor allowing service of that notice.
(2) Where service of a third party notice has not been made within the period specified by virtue of paragraph (1), the order for service of it shall cease to have effect; and no service of the notice may be made unless a further order for service of it has been applied for and granted.
(3) There shall be served with a third party notice–
(a) a copy of the pleadings (including any adjustments and amendments); ...
(b) a copy of the interlocutor allowing service of the notice, and
(c) where the pleadings have not been amended in accordance with the minute of amendment, a copy of that minute.
(4) The defender who served the third party notice shall lodge in process–
(a) a copy of the third party notice;
(b) a copy of the interlocutor allowing service of it; and
(c) a certificate of service.
26.5 

(1) An order for service of a third party notice shall specify 28 days, or such other period as the court on cause shown may specify, as the period within which the third party may lodge answers.
(2) Answers for a third party shall include–
(a) answers to the averments of the defender against him in the form of numbered paragraphs corresponding to the numbered articles of the condescendence annexed to the summons and incorporating, if the third party so wishes, answers to the averments of the pursuer; or
(b) where a separate statement of facts has been lodged by the defender under rule 26.2(1), answers to the statement of facts in the form of numbered paragraphs corresponding to the numbered paragraphs of the statement of facts; and
(c) appropriate pleas-in-law.
26.6 

(A1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where a third party fails to lodge answers, the defender may apply by motion for such finding, order or decree against the third party as may be appropriate to give effect to the claim in the third party notice.
(1A) Where a minute of amendment under rule 26.2(2) has been lodged, the defender may not apply by motion under paragraph (1) unless, at or before the date on which he makes that application, he applies by motion to amend the pleadings in terms of the minute of amendment.
(2) Where such a finding, order or decree is pronounced by the court, rule 19.2 (recall of decrees in absence) shall, with the necessary modifications, apply to that finding, order or decree as it applies to recall of a decree in absence by a defender.
26.7 

(1) Within 14 days after the date on which answers are lodged by the third party, the defender who has served the third party notice shall–
(a) make up an open record incorporating the pleadings of all parties;
(b) deliver four copies of that record to every other party; and
(c) lodge two copies of that record in process.
(2) When an open record is lodged in process under paragraph (1), the action shall be put out on the Adjustment Roll and the court shall pronounce an interlocutor continuing the action on that roll for 6 weeks.
(3) Where a proof or jury trial is necessary between parties to the action, the court may allow the action so far as directed against the third party to proceed to proof or jury trial, as the case may be, before, at the same time as or after, the action between the pursuer and the defender as the court thinks fit.
(4) Where a third party challenges the case pled by the pursuer, he may appear at the proof or jury trial of the pursuer’s case and lead evidence as if he were a defender; and such evidence, so far as competent and relevant, shall be evidence for or against the pursuer or for or against the defender, as the case may be, and shall be available to all the parties in the action.
(5) Subject to the preceding provisions of this Chapter and unless the context otherwise requires, the other provisions of these Rules in relation to actions shall, with the necessary modifications, apply as between the defender and a third party or the pursuer and a third party, as the case may be, as they apply to the action between the pursuer and defender.
CHAPTER 27
27.1 

(1) Any document founded on by a party, or adopted as incorporated, in his pleadings shall, so far as in his possession or within his control, be lodged in process as a production by him–
(a) when founded on or adopted in a summons, at the time of lodging the summons for calling;
(b) when founded on or adopted in a petition, note, application, minute, defences, counterclaim or answers, at the time of lodging that writ; and
(c) when founded on or adopted in an adjustment to any pleadings, at the time when such adjustment is intimated to any other party.
(2) Paragraph (1) shall be without prejudice to any power of the court to order the production of any document or to grant a commission and diligence for recovery of it.
27.2 
Where a party fails to lodge a document in accordance with rule 27.1(1), he may be found liable in the expenses of any order for the production or recovery of it obtained by any other party.
CHAPTER 28
28.1 

(1) When a cause calls on the Procedure Roll and no counsel, other person having a right of audience or party attends, the Lord Ordinary may pronounce an interlocutor dismissing or refusing the cause, as the case may be, and finding no expenses due to or by any party.
(2) An interlocutor pronounced under paragraph (1) may, if reclaimed, be recalled on such conditions, if any, as to expenses or otherwise as the court thinks fit.
(3) The court, after hearing parties on the Procedure Roll, may dispose of all or any of the preliminary pleas and may–
(a) allow parties a preliminary proof on specified matters or in respect of specified pleas;
(b) allow parties a proof before answer of their respective averments under reservation of such preliminary pleas as may be specified;
(c) allow a proof;
(d) allow issues for jury trial; or
(e) make such other order as it thinks fit.
(4) Where a cause has been appointed to the Procedure Roll, parties may, of consent, apply by motion to withdraw the cause from that roll and for any order which might have been pronounced at the hearing of the cause on that roll.
CHAPTER 28A
28A.1 

(1) At any time after the record has closed, a party may intimate to any other party a notice or notices calling on him to admit for the purposes of that cause only—
(a) such facts relating to an issue averred in the pleadings as may be specified in the notice;
(b) that a particular document lodged in process and specified in the notice is—
(i) an original and properly authenticated document; or
(ii) a true copy of an original and properly authenticated document.
(2) Where a party on whom a notice is intimated under paragraph (1)—
(a) does not admit a fact specified in the notice, or
(b) does not admit, or seeks to challenge, the authenticity of a document specified in the notice,
he shall, within 21 days after the date of intimation of the notice under paragraph (1), intimate a notice of non-admission to the party intimating the notice to him under paragraph (1) stating that he does not admit the fact or document specified.
(3) The party intimating a notice under paragraph (1) or (2) shall lodge a copy of it in process.
(4) The court may, at any time, allow a party to amend or withdraw an admission made by him on such conditions, if any, as it thinks fit.
(5) A party may, at any time, withdraw in whole or in part a notice of non-admission by intimating a notice of withdrawal.
28A.2 
–
(1) A party who fails to intimate a notice of non-admission under paragraph (2) of rule 28A.1 shall be deemed to have admitted the fact or document specified in the notice intimated to him under paragraph (1) of that rule; and such fact or document may be used in evidence at a proof if otherwise admissible in evidence, unless the court, on special cause shown, otherwise directs.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A deemed admission under paragraph (1) of this rule shall not be used against the party by whom it was deemed to be made other than in the cause for the purpose for which it was deemed to be made or in favour of any person other than the party by whom the notice was given under rule 28A.1(1).
CHAPTER 29
29.1 

(1) A pursuer may abandon an action by lodging a minute of abandonment in process and–
(a) consenting to decree of absolvitor; or
(b) seeking decree of dismissal.
(2) The court shall not grant decree of dismissal under paragraph (1)(b) unless–
(a) full judicial expenses have been paid to the defender, and to any third party against whom  the pursuer  has directed any conclusions, within 28 days after the date of intimation of the report of the Auditor on the taxation of the account of expenses of that party; and
(b) where abandonment is made in a proof or jury trial, the minute of abandonment is lodged before avizandum is made in the proof or the charge to the jury by the presiding judge has begun in the jury trial, as the case may be.
(3) If the pursuer fails to pay the expenses referred to in sub-paragraph (a) of paragraph (2) to the party to whom they are due within the period specified in that sub-paragraph, that party shall be entitled to decree of absolvitor with expenses.
29.2 
Rule 29.1 shall, with the necessary modifications, apply to the abandonment by a defender of his counterclaim as it applies to the abandonment of an action.
29.3 

(1) A petition, minute or note may be abandoned by the petitioner, minuter or noter, as the case may be–
(a) enrolling a motion for abandonment of the cause; and
(b) intimating the motion to every person who lodged answers.
(2) The court may grant a motion under paragraph (1) subject to such conditions as to expenses or otherwise, if any, as it thinks fit.
CHAPTER 30
30.1 

(1) Where an agent withdraws from acting on behalf of a party, he shall intimate his withdrawal by letter to the Deputy Principal Clerk and to every other party.
(2) The Deputy Principal Clerk shall cause such letter to be lodged in process.
30.2 

(1) The court shall, on the motion of any other party, pronounce an interlocutor ordaining the party whose agent has withdrawn from acting to intimate to the Deputy Principal Clerk within 14 days (or such other period as the court, on cause shown, thinks fit) after service of the  notice  as required by paragraph (2) whether or not he intends to proceed, under certification that if he fails to intimate whether or not he intends to proceed, the court may grant such decree or make such order or finding as it thinks fit.
(2) The party who enrolled a motion under paragraph (1) shall forthwith serve a notice in Form 30.2 ... to the party whose agent has withdrawn from acting.
30.3 
Where a party on whom a notice ... has been served under rule 30.2(2) fails to intimate to the Deputy Principal Clerk within the period specified in the  notice  that he intends to proceed, the court shall, on the motion of any other party where a certificate of service of the notice has been lodged in process, grant such decree, order or finding as it thinks fit.
CHAPTER 31
31.1 

(1) Where a party dies or comes under legal incapacity while a cause is in dependence, any person claiming to represent that party or his estate may apply to the court by minute to be sisted as a party to the cause.
(2) Intimation of such an application shall be made to each party.
31.2 

(1) Where a party dies or comes under legal incapacity while a cause is depending before the court and the provisions of rule 31.1 (minutes of sist) are not invoked, any other party may apply to the court by minute to have the cause transferred in favour of or against, as the case may be, any person who represents that party or his estate.
(1A) Where—
(a) a question of liability is the subject of proceedings before the court; and
(b) the effect of any statutory transfer while the cause is depending before the court is to transfer the liability if proved to a person other than an existing party to the cause,
any party to the proceedings may apply to the court by minute to have the cause transferred in favour of or against, as the case may be, the person to whom the liability has been transferred.
(2) Where a minute of transference has been lodged in process, the court shall pronounce an interlocutor–
(a) granting warrant for service of a copy of the minute of transference, a copy of the pleadings (including any adjustments and amendments) and a copy of that interlocutor on such person; and
(b) allowing such person to lodge a minute of objection to the minute of transference within such period as the court thinks fit.
31.3 

(1) Subject to rule 43.20 (Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007), as soon as reasonably practicable after the death of a party, any agent who immediately prior to the death was instructed in a cause by that party shall notify the court of the death.
(2) The notification under paragraph (1) shall be by letter to the Deputy Principal Clerk and shall be accompanied by a certified copy of the death certificate relative to the deceased party.
(3) The letter shall include an estimate of the length of time required for confirmation to the deceased party’s estate by an executor.
(4) On receipt of the letter, the Deputy Principal Clerk shall place it in the process and shall place the cause before a Lord Ordinary in chambers.
(5) The Lord Ordinary may, if satisfied that the party has died and after considering the estimate provided under paragraph (3), pronounce a sist in the cause for a specified period of not less than three months.
(6) A party may apply by motion for–
(a) recall of a sist pronounced under paragraph (5); or
(b) variation of the specified period referred to in paragraph (5).
(7) A motion under paragraph (6)(b) shall be granted only on cause shown.
(8) On pronouncing a sist under paragraph (5); recalling a sist under paragraph (6)(a); or, varying a specified period under paragraph (6)(b), the Lord Ordinary may make such order as regards further procedure as he thinks fit including, in the case of a personal injuries action, such variation of the timetable issued under rule 43.6 as he thinks fit.
(9) Any personal injuries action in which a sist has been pronounced under paragraph (5) and the period of sist has expired may be put out by order by the Keeper of the Rolls.
(10) In this rule, “personal injuries action” has the same meaning as in rule 43.1(2).
CHAPTER 32
32.1 

(1) An application by a party under section 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (remit from court to sheriff) shall be made by motion.
(2) Where an action is remitted to a sheriff under section 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, the Deputy Principal Clerk shall, within 4 days after the interlocutor remitting the cause has been pronounced, transmit the process to the sheriff clerk of the sheriff court specified in the interlocutor.
(3) When transmitting a process under paragraph (2), the Deputy Principal Clerk shall–
(a) give written intimation of the transmission to the parties; and
(b) certify on the interlocutor sheet that such written intimation has been given.
(4) Failure by the Deputy Principal Clerk to comply with paragraph (3) shall not affect the validity of a remit made under paragraph (1).
32.2 

(1) An application under section 33 of the Act of 1988 (transmission from sheriff on ground of contingency) shall be made–
(a) by motion at the instance of a party to the cause depending before the court; or
(b) by minute at the instance of any other person having an interest (including a party to the cause depending before the sheriff).
(2) A copy of the pleadings and the interlocutors in the cause depending before the sheriff, certified by the sheriff clerk, shall be lodged with any motion enrolled or any minute lodged under paragraph (1).
(3) A decision made on an application under paragraph (1) may not be reclaimed; but where an application has been refused, a subsequent application may be made where there has been a change of circumstances.
32.3 
On receipt of a process transmitted by a sheriff clerk by virtue of an order made under any enactment to remit a cause to the court, the Deputy Principal Clerk shall–
(a) write the date of receipt on the interlocutor sheet of the sheriff court process; and
(b) give written intimation of that date to each party.
32.4 

(1) Within 14 days after the date of receipt of a process referred to in rule 32.3 (intimation of receipt of process transmitted from sheriff court)–
(a) the party on whose motion the remit was made, or
(b) in a cause remitted by the sheriff at his own instance, the pursuer or first pursuer,
shall make up and lodge in the General Department a process incorporating the sheriff court process.
(2) On lodging a process under paragraph (1), the party lodging it shall apply by motion for an order for such further procedure as he desires; and the cause shall proceed as if it had been an action in the court initiated by a summons.
(3) A motion under paragraph (2) shall be disposed of by the Lord Ordinary.
32.5 

(1) Where–
(a) the party on whose motion the remit was made, or
(b) in a cause remitted by the sheriff at his own instance, the pursuer or first pursuer,
fails to comply with the requirements of rule 32.4(1) or (2) (lodging of process and motion for further procedure), he may, within 7 days after the expiry of the period specified in rule 32.4(1), apply by motion to be reponed.
(2) The party enrolling a motion under paragraph (1), where the failure is a failure to lodge a process under rule 32.4(1), shall on enrolling the motion, lodge such a process and shall apply by motion for an order for such further procedure as he desires.
(3) A motion under paragraph (1) shall be granted only on cause shown and on such conditions, if any, as to expenses or otherwise as the court thinks fit.
32.6 
Where–
(a) the party on whose motion the remit was made, or
(b) in a cause remitted by the sheriff at his own instance, the pursuer or first pursuer,has failed to comply with the requirements of paragraphs (1) or (2) of rule 32.4 (lodging of process and motion for further procedure), any other party to the cause may, within 7 days after the expiry of the period specified in rule 32.4(1) comply with the requirements of those paragraphs himself and insist in the remit.
32.7 
Where, on the expiry of 21 days after the date of receipt of the process referred to in rule 32.3 (intimation of receipt of process transmitted from sheriff court), no motion has been enrolled under rule 32.5(1) (reponing against failure to comply with rule 32.4(1) or (2)) and no motion has been enrolled under rule 32.6 (insistence in remit by another party), the remit shall be deemed to be abandoned and the Deputy Principal Clerk shall–
(a) write on the interlocutor sheet the words “Re-ransmitted in respect that the remit has been abandoned.”;
(b) add his signature and the date; and
(c) transmit the process to the sheriff clerk.
CHAPTER 32A
32A.1 

(1) An application to transfer a cause to the Competition Appeal Tribunal shall be made by motion.
(2) Where a cause is transferred to the Competition Appeal Tribunal, the Deputy Principal Clerk of Session shall, within four days after the interlocutor transferring the cause has been pronounced, transmit the process to the party on whose motion the transfer was made together with a certified copy of the interlocutor granting the motion under paragraph (1).
(3) When transmitting a process under paragraph (2), the Deputy Principal Clerk shall—
(a) give written intimation of the transmission to—
(i) the other parties;
(ii) the Registrar of the Competition Appeal Tribunal; and
(b) certify on the interlocutor sheet that such written intimation has been given.
(4) A failure by the Deputy Principal Clerk to comply with paragraph (3) shall not affect the validity of any transfer of a cause.
32A.2 
On receipt of documentation in respect of a claim which has been directed to be transferred to the court by the Competition Appeal Tribunal, the Deputy Principal Clerk of Session shall—
(a) mark the first page of the documentation or, as the case may be, the interlocutor sheet, with the date of receipt; and
(b) give written intimation of that date to each party.
32A.3 

(1) Within 14 days after the date of receipt of documentation referred to in rule 32A.2 (receipt of transfers from the Competition Appeal Tribunal)—
(a) the party at whose request the transfer was directed, or
(b) in proceedings in which the transfer was directed by the Tribunal at its own initiative, the party who initiated the proceedings,
shall apply by motion for an order for such further procedure as he desires; and the cause shall proceed as if it had been an action in the court initiated by summons.
(2) On applying by motion under paragraph (1) the party shall make up and lodge a process incorporating the documentation referred to in rule 32A.2 (receipt of transfers from the Competition Appeal Tribunal) unless the documentation includes a process previously transferred to the Competition Appeal Tribunal under rule 32A.1 (transfers to the Competition Appeal Tribunal).
(3) A motion under paragraph (1) shall be disposed of by the Lord Ordinary.
32A.4 

(1) Where—
(a) the party at whose request the transfer was directed; or
(b) in proceedings in which the transfer was directed by the Tribunal at its own initiative, the party who initiated the proceedings, fails to comply with the requirements of rule 32A.3(1) or (2) (motion for further procedure and lodging of process), he may, within seven days after the expiry of the period specified in rule 32A.3(1), apply by motion to be reponed.
(2) The party enrolling a motion under paragraph (1), where the failure is a failure to lodge a process under rule 32A.3, shall on enrolling the motion, lodge such a process and shall apply by motion for an order for such further procedure as he desires.
(3) A motion under paragraph (1) shall be granted only on cause shown and on such conditions, if any, as to expenses or otherwise as the court thinks fit.
32A.5 
Where—
(a) the party at whose request the transfer was directed; or
(b) in proceedings in which the transfer was directed by the Tribunal at its own initiative, the party who initiated the proceedings, has failed to comply with the requirements of paragraph (1) or (2) of rule 32A.3 (motion for further procedure and lodging of process), any other party to the proceedings may, within seven days after the expiry of the period specified in rule 32A.3(1), comply with the requirements of those paragraphs himself and insist in the transfer.
32A.6 
Where, on the expiry of 21 days after the receipt of the documentation referred to in rule 32A.2 (intimation of the date of receipt of documentation), no motion has been enrolled under rule 32A.4 (reponing against failure to comply with rule 32A.3(1) or (2)) and no motion has been enrolled under rule 32A.5 (insistence on transfer by another party), the transfer shall be deemed to be abandoned and the Deputy Principal Clerk shall—
(a) write on the first page of the documentation or, as the case may be, the interlocutor sheet the words “Re-transmitted in respect that transfer has been abandoned.”;
(b) add his signature and the date; and
(c) transmit the documentation to the Registrar of the Competition Appeal Tribunal.
CHAPTER 33
33.1 
Subject to any other provisions in these Rules, this Chapter applies to–
(a) any cause in which the court has power to order a person to find caution or give other security; and
(b) security for expenses ordered to be given under section 136 of the Representation of the People Act 1983 in an election petition.
33.2 

(1) An application for an order for caution or other security, or for variation or recall of such an order, shall be made by motion.
(2) The grounds on which such an application is made shall be set out in the motion.
33.3 
Subject to section 726(2) of the Companies Act 1985 (order on company to find caution), an order to find caution or give other security shall specify the period within which such caution is to be found or such security given.
33.4 

(1) A person ordered–
(a) to find caution, shall do so by obtaining a bond of caution; or
(b) to consign a sum of money into court, shall do so by consignation under the Court of Session Consignations (Scotland) Act 1895 in the name of the Accountant of Court.
(2) The court may approve a method of security other than one mentioned in paragraph (1), including a combination of two or more methods of security.
(3) Subject to paragraph (4), any document by which an order to find caution or give other security is satisfied shall be lodged in process.
(4) Where the court approves a security in the form of a deposit of a sum of money in the joint names of the agents of parties, a copy of the deposit receipt, and not the principal, shall be lodged in process.
(5) A bond of caution or consignation receipt lodged in process shall be accompanied by a copy of it.
33.5 
A bond of caution or other security  shall be given only by a person authorised to carry on a regulated activity under section 31 of the Financial Services and Markets Act 2000.
33.6 

(1) A bond of caution shall oblige the cautioner, his heirs and executors to make payment of the sums for which he has become cautioner to the party to whom he is bound, as validly and in the same manner as the party and his heirs and successors, for whom he is cautioner, are obliged.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33.7 

(1) The Deputy Principal Clerk shall satisfy himself that any bond of caution or other document, lodged in process under rule 33.4(3), is in proper form.
(2) A party who is dissatisfied with the sufficiency or form of the caution or other security offered in obedience to an order of the court may apply by motion for an order under rule 33.10 (failure to find caution or give security).
33.8 

(1) Where a pursuer in an action with a conclusion for suspension is ordered to find caution or give other security, he may offer to do so by juratory caution.
(2) Such an offer shall be made–
(a) at the time the order for caution or other security is made; or
(b) by enrolling a motion within the period allowed for finding caution or giving other security, as the case may be, or any prorogation of it, for the appointment of a commissioner.
(3) Where such an offer is made, the court shall–
(a) appoint a commissioner to take the deposition of the pursuer at a time and place to be fixed by the commissioner;
(b) ordain the pursuer to give notice of at least 7 days of the time and place so fixed by the commissioner to every other party to the action; and
(c) where the offer has been made by motion under paragraph (2)(b), prorogate the time for finding caution or giving other security, as the case may be, by such period as it thinks fit.
(4) At the time and place fixed by the commissioner in accordance with paragraph (3)(a), the pursuer shall be examined as to the nature and extent of his whole estate wheresoever situated and the other parties to the action shall be entitled to cross-examine him.
(5) After his examination, the pursuer shall send to the Deputy Principal Clerk–
(a) a bond of caution;
(b) a full inventory of his whole estate;
(c) a declaration attached to the inventory, stating that he will not dilapidate or dispose of any of his property or uplift any of the debts due to him, without the authority of the court (under pain of imprisonment or being otherwise punished as being guilty of fraud) or the consent of the party entitled to the benefit of the caution until the interlocutor disposing of the subject-matter of the action has become final and, where he has been found liable to pay any sum, including expenses, 12 weeks (and any further period that the court, on the motion of any party, may grant) have passed since the interlocutor became final;
(d) the vouchers of any debts due to the pursuer;
(e) the title deeds of any heritable property belonging to the pursuer, so far as in his possession or under his control; and
(f) where required by the party entitled to the benefit of the caution–
(i) a standard security in favour of such party over any heritable property belonging to the pursuer, and
(ii) as assignation of all debts or other rights due to the pursuer,
prepared at the expense of the pursuer.
(6) Subject to rule 33.12(1) (bond of caution or consignation receipt transmitted to Accountant of Court), the Deputy Principal Clerk shall retain any documents lodged under paragraph (5) of this rule until further order of the court.
33.9 
Where caution has been found by bond of caution or security has been given by guarantee and the cautioner or guarantor, as the case may be–
(a) becomes apparently insolvent within the meaning assigned by section 7 of the Bankruptcy (Scotland) Act 1985 (constitution of apparent insolvency),
(b) calls a meeting of his creditors to consider the state of his affairs,
(c) dies unrepresented, or
(d) is a company and–
(i) an administration order, bank administration order, building society special administration order, winding up order, bank insolvency order or building society insolvency order has been made, or a resolution for a voluntary winding up has been passed, with respect to it,
(ii) a receiver of all or any part of its undertaking has been appointed, or
(iii) a voluntary arrangement (within the meaning assigned by section 1(1) of the Insolvency Act 1986) has been approved under Part I of that Act,
the party entitled to benefit from the caution or guarantee may apply by motion for a new security or further security to be given.
33.10 
Where a party fails to find caution or give other security (such a party being in this rule referred to as “the party in default”), any other party may apply by motion–
(a) where the party in default is a pursuer, for decree of absolvitor; or
(b) where the party in default is a defender or a third party, for decree by default or for such other finding or order as the court thinks fit.
33.11 
An interlocutor authorising a party to uplift a consignation receipt from the Accountant of Court shall state the name of the person entitled to any interest which has accrued on the sum consigned.
33.12 

(1) A bond of caution or a consignation receipt lodged in any process shall be transmitted by the party lodging it, after the Deputy Principal Clerk has complied with rule 33.7(1), to the Accountant of Court.
(2) A bond of caution may be uplifted from the Accountant of Court on exhibition to him of the interlocutor granting discharge.
(3) A consignation receipt may be uplifted from the Accountant of Court on exhibition to him of a certified copy of the interlocutor authorising it.
(4) The form of book to be kept by the Accountant of Court under section 4 of the Court of Session Consignations (Scotland) Act 1895 (consignations to be entered in books kept by Accountant of Court) shall be in Form 33.12.
CHAPTER 34
34.1 

(1) The Lord Ordinary may, at any stage of a cause on intimation to the parties, report the cause or any incidental matter which arises in the course of it, to the Inner House for a ruling.
(2) The Lord Ordinary shall give effect to the ruling of a Division of the Inner House on a report to the Inner House unless the Division decides the cause or incidental matter itself or remits to the Lord Ordinary with directions to proceed in a particular way.
34.2 

(1) Where the Lord Ordinary reports a cause, or any incidental matter in a cause, under rule 34.1(1) to the Inner House, each party shall, within 7 days after the date on which the report of the Lord Ordinary is issued, inform the Keeper of the Rolls of the estimate of counsel or other person having a right of audience of the duration of the hearing before the Inner House.
(2) If a party fails to comply with paragraph (1), the Keeper of the Rolls may put the cause out on the By Order Roll before a Division of the Inner House.
(3) Where, at any time after an estimate has been given to the Keeper of the Rolls under paragraph (1), a party’s estimate of the likely length of the hearing alters materially, that party shall inform the Keeper of the Rolls of the new estimated length.
(4) On the basis of the information provided to him under this rule, the Keeper of the Rolls shall–
(a) put the cause out for hearing before a Division of the Inner House in the Single Bills or on the Summar Roll as he thinks fit; and
(b) give written intimation of the date of the hearing to each party.
34.3 

(1) On considering the report of the Lord Ordinary and hearing parties, the Inner House may–
(a) dispose of the cause or matter reported to it; or
(b) remit to the Lord Ordinary with such directions as it thinks fit.
(2) The decision of the Inner House on a report to it under rule 34.1(1) shall be final.
(3) The Inner House may determine any question of expenses in respect of the matter reported to it or may reserve any such question.
(4) An interlocutor pronounced by the Lord Ordinary in obedience to directions given under paragraph (1) shall be deemed to be an interlocutor of the Inner House.
CHAPTER 34A
34A.1 
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34A.2 
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34A.3 
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34A.4 
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34A.5 
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34A.6 
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CHAPTER 35
35.1 

(1) This Chapter applies to the recovery of any evidence in a cause depending before the court.
(2) In this Chapter, “the Act of 1972” means the Administration of Justice (Scotland) Act 1972.
35.2 

(1) An application by a party for–
(a) a commission and diligence for the recovery of a document, or
(b) an order under section 1 of the Act of 1972,
shall be made by motion.
(2) At the time of enrolling a motion under paragraph (1), a specification of–
(a) the document or other property sought to be inspected, photographed, preserved, taken into custody, detained, produced, recovered, sampled or experimented on or with, as the case may be, or
(b) the matter in respect of which information is sought as to the identity of a person who might be a witness or a defender,
shall be lodged in process.
(3) A copy of the specification lodged under paragraph (2) and the motion made under paragraph (1) shall be intimated by the applicant to–
(a) every other party;
(b) in respect of an application for an order under section 1(1) of the Act of 1972, any third party haver; and
(c) where necessary—
(i) the Advocate General for Scotland (in a case where the document or other property sought is in the possession of either a public authority exercising functions in relation to reserved matters within the meaning of Schedule 5 to the Scotland Act 1998, or a cross-border public authority within the meaning of section 88(5) of that Act); or
(ii) the Lord Advocate (in any other case),
and if there is any doubt, both.
(4) Where the Lord Ordinary grants a motion made under paragraph (1), in whole or in part, in an action before calling of the summons, he may order the applicant to find such caution or give such other security as he thinks fit.
(5) The decision of the Lord Ordinary on a motion under paragraph (1) in an action before calling of the summons shall be final and not subject to review.
(6) The Advocate General for Scotland or the Lord Advocate or both, as appropriate, may appear at the hearing of any motion under paragraph (1).
35.3 

(1) Subject to rule 35.3A (optional procedure where there is a party litigant), this rule applies where a party has obtained a commission and diligence for the recovery of a document on an application under rule 35.2(1)(a).
(2) Such a party may, at any time before executing the commission and diligence against a haver, serve on the haver an order in Form 35.3-A (in this rule referred to as “the order”).
(3) The order and a copy of the specification referred to in rule 35.2(2), as approved by the court, shall be served on the haver or his known agent and shall be complied with by the haver in the manner and within the period specified in the order.
(4) Not later than the day after the date on which the order, and any document recovered, is received from a haver by the party who obtained the order, that party—
(a) shall give written intimation of that fact in Form 35.3-B to the Deputy Principal Clerk and every other party; and
(b) shall—
(i) if the document has been sent by post, send a written receipt for the document in Form 35.3-C to the haver; or
(ii) if the document has been delivered by hand, give a written receipt in Form 35.3-C to the person delivering the document.
(5) Where the party who has recovered any such document does not lodge it in process within 14 days of receipt of it, he shall—
(a) forthwith give written intimation to every other party that that party may borrow, inspect or copy the document within 14 days after the date of that intimation; and
(b) in so doing, identify the document.
(6) Where any party, who has obtained any such document under paragraph (5), wishes to lodge the document in process, he shall—
(a) lodge the document within 14 days after receipt of it; and
(b) at the same time, send a written receipt for the document in Form 35.3-D to the party who obtained the order.
(7) Where—
(a) no party wishes to lodge or borrow any such document under paragraph (5), the document shall be returned to the haver by the party who obtained the order within 14 days after the expiry of the period specified in sub-paragraph (a) of that paragraph; or
(b) any such document has been uplifted by another party under paragraph (5) and that party does not wish to lodge it in process, the document shall be returned to the haver by that party within 21 days after the date of receipt of it by him.
(8) Any such document lodged in process shall be returned to the haver by the party lodging it within 14 days after the expiry of any period allowed for appeal or reclaiming or, where an appeal or reclaiming motion has been marked, from the disposal of any such appeal or reclaiming motion.
(9) If any party fails to return any such document as provided for in paragraph (7) or (8), the haver shall be entitled to apply by motion (whether or not the cause is in dependence) for an order that the document be returned to him and for the expenses occasioned by that motion.
(10) The party holding any such document (being the party who last issued a receipt for it) shall be responsible for its safekeeping during the period that the document is in his custody or control.
(11) If the party who served the order is not satisfied that—
(a) full compliance has been made with the order, or
(b) adequate reasons for non-compliance have been given,
he may execute the commission and diligence under rule 35.4.
(12) Where an extract from a book of any description (whether the extract is certified or not) is produced under the order, the court may, on the motion of the party who served the order, direct that that party shall be allowed to inspect the book and take copies of any entries falling within the specification.
(13) Where any question of confidentiality arises in relation to a book directed to be inspected under paragraph (12), the inspection shall be made, and any copies shall be taken, at the sight of the commissioner appointed in the interlocutor granting the commission and diligence.
(14) The court may, on cause shown, order the production of any book (not being a banker’s book or book of public record) containing entries falling under a specification, notwithstanding the production of a certified extract from that book.
35.3A 

(1) This rule applies where any of the parties to the action is a party litigant.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The party who has obtained a commission and diligence for the recovery of a document on an application made under rule 35.2(1)(a) may, at any time before executing it against a haver, serve on the haver an order in Form 35.3A-A (in this rule referred to as “the order”).
(4) The order and a copy of the specification referred to in rule 35.2(2), as approved by the court, shall be served on the haver or his known agent and shall be complied with by the haver in the manner and within the period specified in the order.
(5) Not later than the day after the date on which the order, and any document recovered, is received from a haver by the Deputy Principal Clerk, he shall give written intimation of that fact to each party.
(6) No party, other than the party who served the order, may uplift any such document until after the expiry of 7 days after the date of intimation under paragraph (5).
(7) Where the party who served the order fails to uplift any such document within 7 days after the date of intimation under paragraph (5), the Deputy Principal Clerk shall give written intimation of that failure to every other party.
(8) Where no party has uplifted any such document within 14 days after the date of intimation under paragraph (7), the Deputy Principal Clerk shall return it to the haver who delivered it to him.
(9) Where a party who has uplifted any such document does not wish to lodge it, he shall return it to the Deputy Principal Clerk who shall—
(a) give written intimation of the return of the document to every other party; and
(b) if no other party uplifts the document within 14 days after the date of intimation, return it to the haver.
(10) Any such document lodged in process shall be returned to the haver by the party lodging it within 14 days after the expiry of any period allowed for appeal or reclaiming or, where an appeal or reclaiming motion has been marked, from the disposal of any such appeal or reclaiming motion.
(11) If any party fails to return any such document as provided for in paragraph (9) or (10), the haver shall be entitled to apply by motion (whether or not the cause is in dependence) for an order that the document be returned to him and for the expenses occasioned by that motion.
(12) The party holding any such document (being the party who last issued a receipt for it) shall be responsible for its safekeeping during the period that the document is in his custody or control.
(13) If the party who served the order is not satisfied that—
(a) full compliance has been made with the order, or
(b) adequate reasons for non-compliance have been given,
he may execute the commission and diligence under rule 35.4.
(14) Where an extract from a book of any description (whether the extract is certified or not) is produced under the order, the court may, on the motion of the party who served the order, direct that that party shall be allowed to inspect the book and take copies of any entries falling within the specification.
(15) Where any question of confidentiality arises in relation to a book directed to be inspected under paragraph (14), the inspection shall be made, and any copies shall be taken, at the sight of the commissioner appointed in the interlocutor granting the commission and diligence.
(16) The court may, on cause shown, order the production of any book (not being a banker’s book or book of public record) containing entries falling under a specification, notwithstanding the production of a certified extract from that book.
35.4 

(1) The party who seeks to execute a commission and diligence for recovery of a document obtained on an application under rule 35.2(1)(a) shall–
(a) provide the commissioner with a copy of the specification, a copy of the pleadings (including any adjustments and amendments) and a certified copy of the interlocutor of his appointment;
(b) fix a diet for the execution of the commission in consultation with every other party;
(c) instruct the clerk and any shorthand writer; and
(d) be responsible, in the first instance, for the fees of the commissioner, his clerk and any shorthand writer.
(2) The interlocutor granting such a commission and diligence shall be sufficient authority for citing a haver to appear before the commissioner.
(3) A haver shall be cited to appear at a commission for the recovery of documents by service on him of a citation in Form 35.4–A–
(a) by registered post or the first class recorded delivery service; or
(b) personally, by messenger-at-arms.
(4) A certificate of citation of a haver–
(a) under paragraph (3)(a) shall be in Form 35.4-B; and
(b) under paragraph (3)(b) shall be in Form 35.4–C.
(5) There shall be served on the haver with the citation a copy of the specification and, where necessary for a proper understanding of the specification, a copy of the pleadings (including any adjustments and amendments).
(6) The agent for a party, or a party litigant, as the case may be, shall be personally liable, in the first instance, for the fees and expenses of a haver cited to appear at a commission for that party.
(7) The parties and the haver shall be entitled to be represented by counsel or other person having a right of audience, or an agent, at the execution of the commission.
(8) At the commission, the commissioner shall–
(a) administer the oath de fideli administratione to the clerk and shorthand writer appointed for the commission; and
(b) administer to the haver the oath in Form 35.4-D, or, where the haver elects to affirm, the affirmation in Form 35.4-E.
(9) The report of the execution of the commission and diligence, any document recovered and an inventory of that document, shall be sent by the commissioner to the Deputy Principal Clerk.
(10) Not later than the day after the date on which such a report, any document recovered and an inventory of that document are received by the Deputy Principal Clerk, he shall give written intimation to the parties that he has received them.
(11) No party, other than the party who served the order, may uplift such a document until after the expiry of 7 days after the date of intimation under paragraph (10).
(12) Where the party who served the order fails to uplift such a document within 7 days after the date of intimation under paragraph  (10), the Deputy Principal Clerk shall give written intimation of that failure to every other party.
(13) Where no party has uplifted such a document within 14 days after the date of intimation under paragraph (12), the Deputy Principal Clerk shall return it to the haver.
(14) Where a party who has uplifted such a document does not wish to lodge it, he shall return it to the Deputy Principal Clerk who shall–
(a) give written intimation of the return of the document to every other party; and
(b) if no other party uplifts the document within 14 days of the date of intimation, return it to the haver.
35.5 

(1) An order under section 1(1) of the Act of 1972 for the production or recovery of a document or other property shall grant a commission and diligence for the production or r⅔ ecovery of that document or other property.
(2) Rule 35.3 (optional procedure before executing commission and diligence) and rule 35.4 (execution of commission and diligence for recovery of documents) shall apply to an order to which paragraph (1) applies as they apply to a commission and diligence for the recovery of a document.
35.6 

(1) An order under section 1(1) of the Act of 1972 for the inspection or photographing of a document or other property, the taking of samples or the carrying out of any experiment thereon or therewith, shall authorise and appoint a specified person to photograph, inspect, take samples of, or carry out any experiment with or on, any such document or other property, as the case may be, subject to such conditions, if any, as the court thinks fit.
(2) A certified copy of the interlocutor granting such an order shall be sufficient authority for the person specified to execute the order.
(3) When such an order is executed, the party who obtained the order shall serve on the haver a certified copy of the interlocutor granting it, a copy of the specification and, where necessary for a proper understanding of the specification, a copy of the pleadings (including any adjustments and amendments).
35.7 

(1) An order under section 1(1) of the Act of 1972 for the preservation, custody and detention of a document or other property shall grant a commission and diligence for the detention and custody of that document or other property.
(2) The party who has obtained an order under paragraph (1) shall–
(a) provide the commissioner with a copy of the specification, a copy of the pleadings (including any adjustments and amendments) and a certified copy of the interlocutor of his appointment;
(b) be responsible for the fees of the commissioner and his clerk; and
(c) serve a copy of the order on the haver.
(3) The report of the execution of the commission and diligence, any document or other property taken by the commissioner and an inventory of such property, shall be sent by the commissioner to the Deputy Principal Clerk for the further order of the court.
35.8 

(1) Where confidentiality is claimed for any document or other property sought to be recovered under any of the following rules, such document or other property shall, where practicable, be enclosed in a sealed packet:–
 rule 35.3 (optional procedure before executing commission and diligence),
 rule 35.3A (optional procedure where there is a party litigant),
 rule 35.4 (execution of commission and diligence for recovery of documents),
 rule 35.5 (execution of orders for production or recovery of documents or other property under section 1(1) of the Act of 1972),
 rule 35.7 (execution of orders for preservation etc. of documents or other property under section 1(1) of the Act of 1972)
(2) A motion to have such a sealed packet opened up or such recovery allowed may be made by–
(a) the party who obtained the commission and diligence; or
(b) any other party after the date of intimation by the Deputy Principal Clerk under rule 35.3(5) or 35.4(12) (intimation of failure to uplift documents).
(3) In addition to complying with rule 23.3 (intimation of motions), the party enrolling such a motion shall intimate the terms of the motion to the person claiming confidentiality by registered post or the first class recorded delivery service.
(4) The person claiming confidentiality may oppose a motion made under paragraph (2).
35.9 

(1) Where a party seeks to obtain from the keeper of any public record production of the original of any register or deed in his custody for the purposes of a cause, he shall apply to the court by motion.
(2) Written intimation of a motion under paragraph (1) shall be given to the keeper of the public record concerned at least 2 days before the motion is enrolled.
(3) Where it appears to the court that it is necessary for the ends of justice that a motion under this rule should be granted, authority shall be given to such keeper, on production of a certified copy of the interlocutor granting the motion, to produce or exhibit, as the case may be, the original register or deed to the court.
(4) The expense of the production or exhibition of such an original register or deed shall be met, in the first instance, by the party who applied by motion under paragraph (1).
35.10 

(1) A party who seeks to lodge in process any process in the custody of the Keeper of the Records, or any process depending or which depended in any inferior court in Scotland, may apply by motion to the court for a warrant to authorise and direct the Keeper of the Records or the clerk of the inferior court, as the case may be, on production of a certified copy of the interlocutor granting the motion, to transmit that process to the Deputy Principal Clerk.
(2) A party who enrols a motion under paragraph (1) shall give written intimation of the motion to the Keeper of the Records or the clerk of the inferior court, as the case may be, at least 2 days before the motion is enrolled.
(3) The Deputy Principal Clerk shall grant a receipt for any process transmitted to him under an order made under paragraph (1) and lodge it in the process of the cause.
(4) No process transmitted under paragraph (1) may be borrowed.
(5) After a process transmitted under paragraph (1) ceases to be required, the Deputy Principal Clerk shall return it to the Keeper of the Records or the clerk of the inferior court, as the case may be.
35.11 

(1) This rule applies to a commission–
(a) to take the evidence of a witness on a ground mentioned in section 10(b) of the Act of 1988;
(b) in respect of the evidence of a witness which is in danger of being lost, to take the evidence to lie in retentis; or
(c) on special cause shown, to take the evidence of a witness on a ground other than one referred to in sub-paragraph (a) or (b).
(2) An application by a party for a commission to examine a witness shall be made by motion; and that party shall specify in the motion the name and address of at least one proposed commissioner for approval and appointment by the court.
(2A) A motion under paragraph (2) may include an application for authority to record the proceedings before the commissioner by video recorder.
(3) Where a motion under paragraph (2) is made in an action before calling of the summons–
(a) the applicant shall give written intimation of the motion to every other person named in the instance; and
(b) the decision of the Lord Ordinary shall be final and not subject to review.
(4) The interlocutor granting such a commission shall be sufficient authority for citing the witness to appear before the commissioner.
(5) A witness shall be cited to give evidence at a commission by service on him of a citation in Form 35.11–A–
(a) by registered post or the first class recorded delivery service; or
(b) personally, by a messenger-at-arms.
(6) The certificate of citation of a witness–
(a) under paragraph (5)(a) shall be in Form 35.11–B; and
(b) under paragraph (5)(b) shall be in Form 35.11–C.
(7) The agent for a party, or a party litigant, as the case may be, shall be personally liable, in the first instance, for the fees and expenses of a witness cited to appear at a commission for that party.
(8) At the commission, the commissioner shall–
(a) administer the oath de fideli administratione to the clerk and any shorthand writer appointed for the commission; and
(b) administer to the witness the oath in Form 35.4-D, or, where the witness elects to affirm, the affirmation in Form 35.4–E.
(9) In a cause involving the collision of ships, such an application shall be granted on condition, where necessary, that the applicant shall, at least 24 hours before the evidence is taken, lodge in process a preliminary act which the commissioner shall be entitled to open before the witness is examined.
(10) Where a commission is granted for the examination of a witness, the court may, on the motion of any party and on cause shown, dispense with interrogatories.
35.12 

(1) Where interrogatories have not been dispensed with, the party who obtained the commission to examine a witness under rule 35.11 shall lodge draft interrogatories to be adjusted at the sight of the clerk of court.
(2) Any other party may lodge cross-interrogatories to be adjusted at the sight of the clerk of court.
(3) The interrogatories and any cross-interrogatories, when adjusted, shall be extended and returned to the clerk of court for approval.
(4) The party who has obtained the commission shall–
(a) provide the commissioner with a copy of the pleadings (including any adjustments and amendments), the approved interrogatories and any cross-interrogatories and a certified copy of the interlocutor of his appointment;
(b) instruct the clerk; and
(c) be responsible, in the first instance, for the fee of the commissioner and his clerk.
(5) The commissioner shall, in consultation with the parties, fix a diet for the execution of the commission to examine the witness.
(6) The executed interrogatories, any document produced by the witness and an inventory of that document, shall be sent by the commissioner to the Deputy Principal Clerk.
(7) Not later than the day after the date on which the executed interrogatories, any document and an inventory of that document, are received by the Deputy Principal Clerk, he shall give written intimation to each party that he has received them.
(8) The party who obtained the commission to examine the witness shall lodge in process–
(a) the report of the commission; and
(b) the executed interrogatories and any cross-interrogatories.
35.13 

(1) Where interrogatories have been dispensed with, the party who has obtained a -commission to examine a witness under rule 35.11 shall–
(a) provide the commissioner with a copy of the pleadings (including any adjustments and amendments) and a certified copy of the interlocutor of his appointment;
(b) fix a diet for the execution of the commission in consultation with the commissioner and every other party;
(c) instruct the clerk and any shorthand writer; and
(d) be responsible, in the first instance, for the fees of the commissioner, his clerk and any shorthand writer.
(2) All parties shall be entitled to be present and represented by counsel or other person having a right of audience, or agent, at the execution of the commission.
(3) The report of the execution of the commission, any document produced by the witness and an inventory of that document, shall be sent by the commissioner to the Deputy Principal Clerk.
(4) Not later than the day after the date on which such report, any document and an inventory of that document are received by the Deputy Principal Clerk, he shall give written intimation to each party that he has received them.
(5) The party who obtained the commission to examine the witness shall lodge the report in process.
35.14 

(1) Subject to the following paragraphs of this rule and to all questions of relevancy and admissibility, evidence taken on commission under rule 35.12 or 35.13 may be used as evidence at any proof or jury trial of the cause.
(2) Any party may object to the use of such evidence at a proof or jury trial; and the objection shall be determined by the court.
(3) Such evidence shall not be used at a proof or jury trial if the witness becomes available to attend the diet of proof or jury trial, as the case may be.
(4) A party may use such evidence in accordance with the preceding paragraphs of this rule notwithstanding that it was obtained at the instance of another party.
35.15 

(1) This rule applies to an application for a letter of request to a court or tribunal outside Scotland to obtain evidence of the kind specified in paragraph (2), being evidence obtainable within the jurisdiction of that court or tribunal, for the purposes of a cause depending before the Court of Session.
(2) An application to which paragraph (1) applies may be made in relation to a request–
(a) for the examination of a witness,
(b) for the inspection, photographing, preservation, custody, detention, production or recovery of, or the taking of samples of, or the carrying out of any experiment on or with, a document or other property, as the case may be,
(c) for the medical examination of any person,
(d) for the taking and testing of samples of blood from any person, or
(e) for any other order for obtaining evidence,
for which an order could be obtained in the Court of Session.
(3) Such an application shall be made by minute in Form 35.15—A with a proposed letter of request in Form 35.15—B.
(4) It shall be a condition of granting a letter or request that the agent for the applicant, or the party litigant, as the case may be, shall be personally liable, in the first instance, for the whole expenses which may become due and payable in respect of the letter of request to the court or tribunal obtaining the evidence and to any witness or haver who may be examined for the purpose; and he shall consign into court such sum in respect of such expenses as the court thinks fit.
(5) Unless the court or tribunal to which a letter of request is addressed is a court or tribunal in a country or territory–
(a) where English is an official language, or
(b) in relation to which the Deputy Principle Clerk certifies that no translation is required,
then the applicant shall, before the issue of the letter of request, lodge in process a translation of that letter and any interrogatories and cross-interrogatories into the official language of that court or tribunal.
(6) The letter of request when issued, any interrogatories and cross-interrogatories adjusted as required by rule 35.12 and the translations (if any), shall be forwarded by the Deputy Principal Clerk to such person and in such manner as the Lord president may direct.
35.16 

(1) In this rule–
 “the Council Regulation” means the Council Regulation (EC) No. 1206/2001 of 28 May 2001 on co-operation between the courts of the Member States in the taking of evidence in civil or commercial matters;
 “Member State” has the same meaning as in Article 1(3) of the Council Regulation;
 “request” means a request to which Article 1(1)(a) of the Council Regulation applies; and
 “requested court” has the same meaning as in Article 2(1) of the Council Regulation.
(2) This rule applies to an application under the Council Regulation for a request to a requested court in a Member State other than the United Kingdom for the purposes of a cause depending before the Court of Session.
(3) An application to which paragraph (2) applies shall be made by minute in Form 35.16–A with a proposed request in form A (request for the taking of evidence) or form I (request for direct taking of evidence) set out in the Annex to the Council Regulation.
(4) It shall be a condition of granting an application for a request that the agent for the applicant, or a party litigant, as the case may be, shall be personally liable, in the first instance, for any reimbursement required by the requested court in respect of any fees paid to experts and interpreters and the costs occasioned by the use of any requested special procedure in executing the request for evidence, or the use of requested communications technology at the performance of the taking of evidence; and that he shall consign into court any such sum as is required by the requested court as deposit or advance towards the costs of executing the request.
(5) Unless the requested court is in a country or territory–
(a) where English is an official language, or
(b) in relation to which the Deputy Principal Clerk certifies that no translation is required,
then the applicant shall, before the issue of the request, lodge in process a translation of the request and any interrogatories and cross-interrogatories into the official language of that country or territory.
(6) Where an application under this rule has been granted, the request shall be forwarded by the Deputy Principal Clerk to–
(a) the requested court; or
(b) the central body or competent authority designated by the other Member State to be responsible for taking decisions on requests to take evidence directly.
(7) The Deputy Principal Clerk shall, as soon as reasonably practicable after receipt of any communication from the requested court, send written intimation of that communication to the parties.
(8) If a request is made to take the evidence of a witness directly in another Member State, the Deputy Principal Clerk shall intimate to the witness who is to give evidence, a notice in Form 35.16–B and the witness shall return Form 35.16–C to the Deputy Principal Clerk, within 14 days after the date of intimation of the notice.
CHAPTER 35A
35A.1 
In this Chapter–
 “the Act of 2004” means the Vulnerable Witness (Scotland) Act 2004;
 “child witness notice” has the meaning given in section 12(2) of the Act of 2004;
 “review application” means an application for review of arrangements for vulnerable witnesses pursuant to section 13 of the Act of 2004;
 “vulnerable witness application” has the meaning given in section 12(6) of the Act of 2004.
35A.2 
A child witness notice lodged in accordance with section 12(2) of the Act of 2004 shall be in Form 35A.2.
35A.3 
A vulnerable witness application lodged in accordance with section 12(6) of the Act of 2004 shall be in Form 35A.3.
35A.4 

(1) The party lodging a child witness notice or vulnerable witness application shall intimate a copy of the child witness notice or vulnerable witness application to all the other parties to the proceedings and complete a certificate of intimation.
(2) A certificate of intimation referred to in paragraph (1) shall be in Form 35A.4 and shall be lodged with the child witness notice or vulnerable witness application.
35A.5 

(1) On receipt of a child witness notice or vulnerable witness application, the Lord Ordinary may–
(a) make an order under section 12(1) or (6) of the Act of 2004 without holding a hearing;
(b) require further information from any of the parties before making any further order;
(c) fix a date for a hearing of the child witness notice or vulnerable witness application.
(2) The Lord Ordinary may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the child or vulnerable witness is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.
(3) An order fixing a hearing for a child witness notice or vulnerable witness application shall be intimated by the Deputy Principal Clerk–
(a) on the day the order is made; and
(b) in such manner as may be prescribed by the Lord Ordinary,
to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.
35A.6 

(1) A review application shall be in Form 35A.6.
(2) Where the review application is made orally, the Lord Ordinary may dispense with the requirements of paragraph (1).
35A.7 

(1) Where a review application is lodged, the applicant shall intimate a copy of the review application to all other parties to the proceedings and complete a certificate of intimation.
(2) A certificate of intimation referred to in paragraph (1) shall be in Form 35A.7 and shall be lodged together with the review application.
35A.8 

(1) On receipt of a review application, a Lord Ordinary may–
(a) if he is satisfied that he may properly do so, make an order under section 13(2) of the Act of 2004 without holding a hearing or, if he is not so satisfied, make such an order after giving the parties an opportunity to be heard;
(b) require of any of the parties further information before making any further order;
(c) fix a date for a hearing of the review application.
(2) The Lord Ordinary may, subject to any statutory time limits, make an order altering the date of the proof or other hearing at which the child or vulnerable witness is to give evidence and make such provision for intimation of such alteration to all parties concerned as he deems appropriate.
(3) An order fixing a hearing for a review application shall be intimated by the Deputy Principal Clerk–
(a) on the day the order is made; and
(b) in such manner as may be prescribed by the Lord Ordinary,
to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.
35A.9 
When making an order under section 12(1) or (6) or 13(2) of the Act of 2004 a Lord Ordinary may, in light thereof, make such further orders as he deems appropriate in all the circumstances.
35A.10 
An order under section 12(1) or (6) or 13(2) of the Act of 2004 shall be intimated by the Deputy Principal Clerk–
(a) on the day the order is made; and
(b) in such manner as may be prescribed by the Lord Ordinary,to all parties to the proceedings and such other persons as are named in the order where such parties or persons are not present at the time the order is made.
35A.11 

(1) An interlocutor authorising the special measure of taking evidence by a commissioner shall be sufficient authority for the citing the vulnerable witness to appear before the commissioner.
(2) A vulnerable witness shall be cited to give evidence at a commission by service on him of a citation in Form 35.11-A–
(a) by registered post or the first class recorded delivery service; or
(b) personally, by a messenger-at-arms.
(3) The certificate of citation of a witness–
(a) under paragraph 2(a) shall be in Form 35.11-B; and
(b) under paragraph 2(b) shall be in Form 35.11-C.
(4) The agent for a party, or a party litigant, as the case may be, shall be personally liable in the first instance for the fees and expenses of a witness cited to appear at a commission for that party.
(5) At the commission the commissioner shall–
(a) administer the oath de fideli administratione to the clerk appointed for the commission; and
(b) administer to the witness the oath in Form 35.4-D, or where the witness elects to affirm, the affirmation in Form 35.4-E.
(3) Where a commission is granted as a special measure, the court may, on the motion of any party and on cause shown, dispense with interrogatories.
35A.12 

(1) Where interrogatories have not been dispensed with, the party citing or intending to cite the vulnerable witness shall lodge draft interrogatories to be adjusted at the sight of the clerk of court.
(2) Any other party may lodge cross-interrogatories to be adjusted at the sight of the clerk of court.
(3) The interrogatories and cross-interrogatories, when adjusted, shall be extended and returned to the clerk of court for approval.
(4) The party who cited the vulnerable witness shall–
(a) provide the commissioner with a copy of the pleadings (including any adjustments and amendments), the approved interrogatories and any cross-interrogatories and a certified copy of the interlocutor of his appointment;
(b) instruct the clerk; and
(c) be responsible in the first instance for the fee of the commissioner and his clerk.
(5) The commissioner shall, in consultation with the parties, fix a diet for the execution of the commission to examine the witness.
35A.13 

(1) Where interrogatories have been dispensed with, the party citing or intending to cite the vulnerable witness shall–
(a) provide the commissioner with a copy of the pleadings (including any adjustments and amendments) and a certified copy of the interlocutor of his appointment;
(b) fix a diet for the execution of the commission in consultation with the commissioner and every other party;
(c) instruct the clerk; and
(d) be responsible in the first instance for the fees of the commissioner and his clerk.
(2) All parties shall be entitled to be represented by counsel or other person having a right of audience, or agent, at the execution of the commission.
35A.14 

(1) Where evidence is taken on commission pursuant to an order made under section 12(1) or (6) or 13(2) of the Act of 2004 the commissioner shall lodge the video record of the commission and relevant documents with the Deputy Principal Clerk.
(2) Not later than the day after the date on which the video record and any documents are received by the Deputy Principal Clerk, he shall–
(a) note–
(i) the documents lodged;
(ii) by whom they were lodged; and
(iii) the date on which they were lodged, and
(b) give written intimation of what he has noted to all parties concerned.
35A.15 

(1) The video record and documents referred to in rule 35A.14 shall, subject to paragraph (2), be kept in the custody of the Deputy Principal Clerk.
(2) Where the video record of the evidence of a witness is in the custody of the Deputy Principal Clerk under this rule and where intimation has been given to that effect under rule 35A.14(2), the name and address of that witness and the record of his evidence shall be treated as being in the knowledge of the parties; and no party shall be required, notwithstanding any enactment to the contrary–
(a) to include the name of that witness in any list of witnesses; or
(b) to include the record of his evidence in any list of productions.
35A.16 
An application for leave for a party to be present in the room where the commission proceedings are taking place shall be by motion.
CHAPTER 35B
35B.1. 
In this Chapter, “child” means a person under the age of 16 on the date of commencement of the proceedings and “children” shall be construed accordingly.
35B.2. 

(1) Where a party seeks to lodge an audio or audio-visual recording of a child as a production, that party must—
(a) ensure that the recording is in a format that can be heard or viewed by means of equipment available in court;
(b) place the recording together with a copy of the relevant inventory of productions in sealed envelope marked with—
(i) the names of the parties to the court action;
(ii) the case reference number;
(iii) (where available) the date and time of commencement and of termination of the recording; and
(iv) the words “recording of a child – confidential”.
(2) The sealed envelope must be lodged with the Deputy Principal Clerk.
(3) In the remainder of this Chapter a “recording of a child” means any such recording lodged under this rule.
35B.3. 

(1) On each occasion that a recording of a child is lodged, a separate inventory of productions shall be lodged in process.
(2) The Deputy Principal Clerk shall mark the date of receipt and the number of the process on the sealed envelope containing the recording.
35B.4. 

(1) A recording of a child—
(a) shall be kept in the custody of the Deputy Principal Clerk; and
(b) subject to rule 35B.5, will not form a borrowable part of the process.
(2) The envelope containing the audio or audio-visual recording of a child shall only be unsealed with the authority of the court and on such conditions as the court thinks fit (which conditions may relate to listening to or viewing the recording).
35B.5. 

(1) An application by a party to gain access to and to listen to or view a recording of a child may be made by motion.
(2) The court may refuse such a motion or grant it on such conditions as the court thinks fit, including—
(a) allowing only such persons as the court may specify to listen to or view the recording;
(b) specifying the location where such listening or viewing is to take place;
(c) specifying the date and time when such listening or viewing is to take place;
(d) allowing a copy of the recording to be made (in the same or different format) and arrangements for the safe-keeping and disposal of such copy;
(e) arrangements for the return of the recording and re-sealing of the envelope.
35B.6. 

(1) The court may, on the application of a party and on cause shown, disapply the provisions of this Chapter.
(2) An application under paragraph (1) shall be made—
(a) at the time of presenting the recording for lodging;
(b) by letter addressed to the Deputy Principal Clerk stating the grounds on which the application is made.
35B.7. 
The following rules do not apply to an audio or audio-visual recording of a child—
(a) rule 4.5 (productions);
(b) rule 4.11 (documents not to be borrowed); and
(c) rule 4.12 (borrowing and returning documents).
CHAPTER 36
36.1 

(1) In any cause, the court may–
(a) at its own instance, or
(b) on the motion of any party,
order that proof on liability or any other specified issue be heard separately from proof on any other issue and determine the order in which the proofs shall be heard.
(2) The court shall pronounce such interlocutor as it thinks fit at the conclusion of the first proof of any cause ordered to be heard in separate parts under paragraph (1).
36.2 

(1) A witness shall be cited for a proof by service on him of a citation in Form 36.2–A–
(a) by registered post or the first class recorded delivery service, by the agent for the party on whose behalf he is cited; or
(b) personally, by a messenger-at-arms.
(2) A certified copy of the interlocutor allowing a proof shall be sufficient warrant to a messenger-at-arms to cite a witness on behalf of a party.
(3) A certificate of citation of a witness–
(a) under paragraph (1)(a) shall be in Form 36.2–B; and
(b) under paragraph (1)(b) shall be in Form 36.2–C.
(4) The agent for a party, or a party litigant, as the case may be, shall be personally liable, in the first instance, for the fees and expenses of a witness cited by him to appear at a proof.
(5) Where a party to a cause is a party litigant, he shall–
(a) not later than 12 weeks before the diet of proof, apply to the court by motion to fix caution for the expenses of witnesses in answering a citation in such sum as the court considers reasonable having regard to the number of witnesses he proposes to cite and the period for which they may be required to attend court; and
(b) before instructing a messenger-at-arms to cite a witness, find the caution which has been fixed.
(6) A party litigant who does not intend to cite all the witnesses referred to in his application under paragraph (5)(a) may apply by motion for variation of the amount of caution.
36.3 

(1) Where a proof has been allowed, all productions which are intended to be used at the proof shall be lodged in process not later than 28 days before the diet of proof.
(2) A production which is not lodged in accordance with paragraph (1) shall not be used or put in evidence at a proof unless–
(a) by consent of parties; or
(b) with the leave of the court on cause shown and on such conditions, if any, as to expenses or otherwise as the court thinks fit.
36.4 

(1) A copy of every  documentary production, marked with the appropriate number of process of the principal production, shall be lodged for the use of the court at a proof not later than 48 hours before the diet of proof.
(2) Each copy production consisting of more than one sheet shall be securely fastened together by the party lodging it.
36.5 
All steps of process and productions which have been borrowed shall be returned to process before 12.30 p.m. on the day preceding the diet of proof.
36.6 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36.7 

(1) Where a party admits–
(a) any matter of fact whether averred in the pleadings or not,
(b) the authenticity of any document, or
(c) the sufficiency of a copy or extract of such a document as equivalent to the original,
which has not been admitted in the pleadings or in respect of which a notice under rule  28A.1(1)  has not been intimated, a minute of admission signed by counsel or other person having a right of audience for the party making such admission, shall be lodged in process.
(2) An admission made in a minute of admission may be used in evidence at a proof if otherwise admissible in evidence.
(3) In taxing any account of expenses, the Auditor shall disallow the expenses of any evidence led on matters covered by a minute of admission, unless special cause is shown to him.
36.8 
A party who wishes to have any written statement (including an affidavit) or report, admissible under section 2(1)(b) of the Civil Evidence (Scotland) Act 1988, received in evidence shall lodge the statement or report in process and shall intimate such lodging to the other party or parties.
36.9 

(1) It shall be the duty of each party to ensure that his witnesses, if any, are–
(a) in attendance in the vicinity of the courtroom; and
(b) available when called to give evidence.
(2) Each party shall, before his case begins, give to the macer of the court a numbered list of any witnesses of his in the order in which it is proposed to call them.
(3) No witness at a proof shall, except with leave of the court–
(a) be present in the courtroom during the proceedings prior to the giving of his evidence; or
(b) leave the courtroom after giving evidence.
(4) No party, other than the party citing a witness, shall have access to that witness while he is in attendance at court.
36.10 
The Lord Ordinary shall administer the oath to a witness in Form 36.10–A or, where the witness elects to affirm, the affirmation in Form 36.10–B.
36.11 

(1) Subject to any other provision in these Rules, evidence at a proof shall be recorded by–
(a) a shorthand writer to whom the oath de fideli adminisratione officii has been administered on his appointment as a shorthand writer in the Court of Session; or
(b) tape recording or other mechanical means approved by the Lord President.
(2) The record of the evidence at a proof shall include–
(a) any objection taken to a question or to the line of evidence;
(b) any submission made in relation to such an objection; and
(c) the ruling of the court in relation to the objection and submission.
(3) A transcript of the record of the evidence shall be made only on the direction of the court; and the cost shall, in the first instance, be borne–
(a) in an undefended cause, by the agent for the pursuer; and
(b) in a defended cause, by the agents for the parties in equal proportions.
(4) The transcript of the record of the evidence provided for the use of the court shall be certified as a faithful record of the evidence by–
(a) the shorthand writer or shorthand writers, if more than one, who recorded the evidence; or
(b) where the evidence was recorded by tape recording or other mechanical means, the person who transcribed the record.
(5) The court may make such alterations to the transcript of the record of the evidence as appear to it to be necessary after hearing the parties; and, where such alterations are made, the Lord Ordinary shall authenticate the alterations.
(6) Where a transcript of the record of the evidence has been made for the use of the court, copies of it may be obtained by any party from the shorthand writer on payment of his fee.
(7) Except with leave of the court, the transcript of the record of the evidence may be borrowed from process only for the purpose of enabling a party to consider whether to reclaim against the interlocutor of the court on the proof.
(8) Where a transcript of the record of the evidence is required for the purpose of a reclaiming motion but has not been directed to be transcribed under paragraph (3), the reclaimer–
(a) may request such a transcript from the shorthand writer, or as the case may be, the cost of the transcript being borne by the agent for the reclaimer in the first instance; and
(b) shall lodge the transcript in process;
and copies of it may be obtained by any party from the shorthand writer, or as the case may be, on payment of his fee.
36.12 
The decision of the Lord Ordinary that a document adduced in evidence is sufficiently stamped, or does not require to be stamped, shall be final and not subject to review.
36.13 

(1) Where the Lord Ordinary, before whom proof has been taken, in whole or in part, dies, retires or otherwise becomes unable to give judgment or to hear further proof, as the case may be, any party to the cause may apply by motion to the Inner House for directions–
(a) that the cause shall be continued before, and shall be disposed of by, another Lord Ordinary;
(b) that the notes of evidence already taken, as certified by the shorthand writer, shall be evidence in the cause; and
(c) that the notes of the Lord Ordinary taken at the proof shall be made available to the Lord Ordinary before whom the cause is to be continued.
(2) On making directions under paragraph (1), the Inner House may make such other order as it thinks fit.
(3) On enrolling a motion under paragraph (1), the party enrolling it shall–
(a) lodge in process four copies of the closed record (incorporating all interlocutors pronounced in the cause and amendments to the record allowed since the closing of the record); and
(b) send one copy of that record to every other party.
(4) It shall not be necessary for any documents to be lodged in support of such a motion unless the court otherwise directs.
(5) The vacation judge may not hear or determine a motion under paragraph (1).
CHAPTER 37
37.1 

(1) Within 14 days after the date of an interlocutor allowing issues in an action, the pursuer shall lodge in process the proposed issue for jury trial and a copy of it for the use of the court.
(2) Where a pursuer fails to lodge a proposed issue for jury trial under paragraph (1), he shall, unless–
(a) the court, on cause shown, otherwise orders, or
(b) a proposed issue is lodged by another party under paragraph (3),
be held to have departed from his right to jury trial; and any other party may apply by motion for a proof.
(3) Where a pursuer fails to lodge a proposed issue under paragraph (1), any other party may, within 7 days after the expiry of the period specified in that paragraph, lodge in process a proposed issue for jury trial and a copy of it.
(4) Where a proposed issue has been lodged under paragraph (1) or (3), any other party may, within 7 days after the date on which the proposed issue has been lodged, lodge in process a proposed counter-issue and a copy of it.
(5) A proposed counter-issue lodged by a party under paragraph (4) may include any question of fact which is made the subject of a specific averment on record or is relevant to his pleas-in-law notwithstanding that it does not in terms meet the proposed issue.
(6) The party lodging a proposed issue under paragraph (1) or (3) shall, on the day after the date on which the period for lodging a proposed counter-issue under paragraph (4) expires, apply by motion for approval of the proposed issue.
(7) Any party who has lodged a proposed counter-issue under paragraph (4) shall, within 7 days after the enrolment of a motion for approval of a proposed issue under paragraph (6), apply by motion for approval of his proposed counter-issue.
(8) Where a proposed counter-issue has been lodged, the motion for approval of a proposed issue shall be heard at the same time as the motion for approval of the proposed counter-issue.
(9) The Lord Ordinary, on granting a motion for approval of a proposed issue or proposed counter-issue, shall authenticate with his signature the proposed issue or proposed counter-issue as lodged or as adjusted.
(10) Where an issue or counter-issue has been approved by the court, the party whose issue or counter-issue it is shall lodge 18 copies of the approved issue or counter-issue for the use of the court; and such copies need not contain the authentication of the Lord Ordinary.
37.2 

(1) Not less than  28  days before the diet for jury trial, the pursuer shall attend at the General Department and request the issue of a jury precept.
(2) Where the pursuer has failed to request the issue of a jury precept under paragraph (1), any other party may request a jury precept not less than  21  days before the diet for jury trial.
(3) A jury precept shall be in Form 37.2–A.
(4) Where a jury precept is issued, it shall be transmitted by a clerk of session to the sheriff principal of the sheriffdom of Lothian and Borders who shall cause a list of jurors to be prepared of an equal number of men and women in accordance with the precept.
(5) A citation of a person to attend as a juror shall be in Form 37.2–B and shall be executed by the sheriff clerk at Edinburgh (or a depute authorised by him) by post by the first class recorded delivery service.
(6) Where no party requests the issue of a jury precept under paragraph (1) or (2), each party shall be held to have departed from the application for a jury trial and inquiry into the facts of the cause shall be taken by proof.
37.3 

(1) A person summoned to serve on a jury may, as soon as possible after receipt of his citation, apply in writing to the Deputy Principal Clerk to be released from his citation; and the Deputy Principal Clerk may, if he is satisfied that there are good and sufficient grounds for excusal, grant the application.
(2) The Lord Ordinary to preside at the jury trial may, at any time before the jury is empanelled, excuse any person summoned to attend as a juror from attendance if he is satisfied that there are good and sufficient grounds for doing so.
37.4 
The following provisions of these Rules shall apply in relation to an action in which issues have been approved for jury trial as they apply to a cause in which a proof has been allowed:–
 rule 36.2 (citation of witnesses),
 rule 36.3 (lodging productions),
 rule 36.4 (copy productions),
 rule 36.5 (returning borrowed documents before proof),
 ...
 rule 36.7 (admissions by parties),
 rule 36.8 (conditions for receiving certain written statements in evidence),
 rule 36.9 (attendance, and lists, of witnesses),
 rule 36.10 (administration of oath or affirmation to witnesses),
 ...
37.5 
Where a party does not appear at the diet for jury trial, then–
(a) if the party appearing is the pursuer or the party on whom the burden of proof lies, he shall be entitled to lead evidence, and go to the jury for a verdict;
(b) if the party appearing is the defender or the party on whom the burden of proof does not lie, he shall be entitled to obtain a verdict in his favour without leading evidence.
37.5A 

(1) Subject to any other provision in these Rules, proceedings at a jury trial shall be recorded by—
(a) a shorthand writer to whom the oath de fideli administratione officii has been administered on his appointment as a shorthand writer in the Court of Session; or
(b) tape recording or other mechanical means approved by the Lord President.
(2) In paragraph (1), “the proceedings” means the whole proceedings including, without prejudice to that generality—
(a) discussions—
(i) with respect to any challenge of a juror; and
(ii) on any question arising in the course of the trial;
(b) the decision of the Lord Ordinary on any matter referred to in sub-paragraph (a);
(c) the evidence led at the trial;
(d) the Lord Ordinary’s charge to the jury;
(e) the speeches of counsel or agents;
(f) the verdict of the jury; and
(g) any request for a direction to be given under rule 37.7, any hearing in relation to such a request and any direction so given.
(3) A transcript of the record of proceedings shall be made only on the direction of the court; and the cost shall, in the first instance, be borne by the agents for the parties in equal proportions.
(4) Any transcript so made shall be certified as a faithful record of proceedings—
(a) where the recording was under sub-paragraph (a) of paragraph (1), by whoever recorded the proceedings; and
(b) where it was under sub-paragraph (b) of that paragraph, by whoever transcribed the record.
(5) The Lord Ordinary may make such alterations to the transcript as appear to him to be necessary after hearing the parties; and, where such alterations are made, he shall authenticate the alterations.
(6) Where a transcript has been so made for the use of the court, copies of it may be obtained by any party from the transcriber on payment of his fee.
(7) Except with leave of the court, the transcript may be borrowed from process only for the purpose of enabling a party to consider whether to reclaim against the interlocutor of the court applying the verdict of the jury or whether to apply for a new trial.
(8) Where a transcript is required for a purpose mentioned in paragraph (7) but has not been directed to be transcribed under paragraph (3), a party—
(a) may request such a transcript from the shorthand writer, or as the case may be, from a person who might have transcribed the recording had there been such a direction, the cost of the requested transcript being borne by the agent for the requester in the first instance; and
(b) shall lodge the transcript in process;
and copies of it may be obtained by any party from the transcriber on payment of his fee.
37.6 

(1) Subject to paragraph (2), the clerk of court shall administer the oath collectively to the jury in Form 37.6–A.
(2) Where a juror elects to affirm, the clerk shall administer the affirmation to that juror in Form 37.6–B.
37.7 

(1) Where a party seeks to take exception to a direction on a point of law given by the Lord Ordinary in his charge to the jury or to request the Lord Ordinary to give a direction differing from or supplementary to the directions in the charge, he shall, immediately on the conclusion of the charge, so intimate to the Lord Ordinary, who shall hear counsel for the parties in the absence of the jury.
(2) The party dissatisfied with the charge to the jury shall formulate in writing the exception taken by him or the direction sought by him; and the exception or direction, as the case may be, and the judge’s decision on it, shall be recorded in a note of exception under the direction of the Lord Ordinary and shall be certified by him.
(3) After the note of exception has been certified by the Lord Ordinary, he may give such further or other directions to the jury in open court as he thinks fit before the jury considers its verdict.
37.8 
The Lord Ordinary may, after the evidence has been led, submit to the jury in writing along with the issue and any counter-issue such further questions as he thinks fit.
37.9 
After a verdict has been returned by a jury, the verdict shall be written on the issue and dated and signed by the clerk of court.
37.10 
Any party may, after the expiry of 7 days after the date on which the verdict was written on the issue and signed, apply by motion to apply the verdict, grant decree in accordance with it and make any award in relation to expenses.
CHAPTER 37A
37A.1. 

(1) In relation to such procedural business of the Inner House as is specified in paragraph (2), the quorum of a Division of the Inner House shall be one judge.
(2) The procedural business mentioned in paragraph (1) is such business as arises under—
(a) a reclaiming motion, up to and including the procedural steps mentioned in rule 38.16(2);
(b) an application for a new trial under section 29 of the Act of 1988 or to enter a jury verdict under section 31 of the Act of 1988 up to and including the procedural steps mentioned in rule 39.7(2) or, as the case may be, rule 39.9; and
(c) an appeal from an inferior court within the meaning of rule 40.1(2)(c), up to and including the procedural steps mentioned in rule 40.14(2).
(d) an appeal to the court under Chapter 41 (appeals under statute)—
(i) in the case of an appeal under Part II of that Chapter (appeals by stated case etc.), up to and including the procedural steps mentioned in rule 41.21(2);
(ii) in the case of an appeal under Part III of that Chapter (appeals in Form 41.25), up to and including the procedural steps mentioned in rule 41.32(2).
37A.2. 

(1) All judges of the Inner House, except the Lord President and the Lord Justice Clerk, are procedural judges before whom proceedings in the Inner House shall be brought in accordance with Chapters 38 to 41.
(2) In this rule and in Chapters 38 to 41, “procedural judge” means a judge as referred to in paragraph (1).
(3) A Division of the Inner House comprising three or more judges may deal with a matter which would otherwise be dealt with by a procedural judge in accordance with those Chapters where the Division considers that to be appropriate; and references in those Chapters to a procedural judge shall be construed accordingly.
CHAPTER 38
38.1. 

(1) This Chapter applies subject to any other provision in these Rules or any enactment.
(2) Any party to a cause who is dissatisfied with an interlocutor pronounced by—
(a) the Lord Ordinary;
(b) the Lord Ordinary in Exchequer Causes; or
(c) the vacation judge,
and who seeks to submit that interlocutor to review by the Inner House shall do so by reclaiming within the reclaiming days in accordance with the provisions of this Chapter.
(3) In this Chapter, “reclaiming days” means the days within which an interlocutor may be reclaimed against.
38.2. 

(1) An interlocutor disposing, either by itself or taken along with a previous interlocutor, of—
(a) the whole subject matter of the cause; or
(b) the whole merits of the cause whether or not the question of expenses is reserved or not disposed of,may be reclaimed against, without leave, within 21 days after the date on which the interlocutor was pronounced.
(2) Where an interlocutor which reserves or does not dispose of the question of expenses is the subject of a reclaiming motion under paragraph (1)(b), any party to the cause who seeks an order for expenses before the disposal of the reclaiming motion shall apply by motion to the Lord Ordinary for such an order within 14 days of the date of enrolment of that reclaiming motion.
(3) An interlocutor disposing of the merits of the action and making an award of provisional damages under section 12(2)(a) of the Administration of Justice Act 1982 may be reclaimed against, without leave, within 21 days after the date on which the interlocutor was pronounced.
(4) An interlocutor mentioned in paragraph (5) may be reclaimed against, without leave, within 14 days after the date on which the interlocutor was pronounced.
(5) Those interlocutors are—
(a) an interlocutor disposing of part of the merits of a cause;
(b) an interlocutor allowing or refusing proof, proof before answer or jury trial (but, in the case of refusal, without disposing of the whole merits of the cause);
(c) an interlocutor limiting the mode of proof;
(d) an interlocutor adjusting issues for jury trial;
(e) an interlocutor granting, refusing, recalling, or refusing to recall, interim interdict or interim liberation;
(f) an interlocutor in relation to an exclusion order under section 4 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;
(g) an interlocutor granting, refusing or recalling a sist of execution or procedure;
(h) an interlocutor loosing, restricting or recalling an arrestment or recalling in whole or in part an inhibition used on the dependence of an action or refusing to loose, restrict or recall such an arrestment or inhibition;
(i) an interlocutor granting authority to move an arrested vessel or cargo;
(j) an interlocutor deciding (other than in a summary trial) that a reference to the European Court should be made.
(6) An interlocutor (other than a decree in absence or an interlocutor mentioned in paragraph (2), (3) or (5) of this rule) may be reclaimed against, with leave, within 14 days after the date on which the interlocutor was pronounced.
38.3. 

(1) An interlocutor granting or refusing a motion for summary decree may be reclaimed against only with the leave of the Lord Ordinary within 14 days after the date on which the interlocutor was pronounced.
(2) In the application of section 103(3) of the Debtors (Scotland) Act 1987 (appeals on questions of law arising from making, variation or recall of time to pay directions)—
(a) leave to appeal shall be sought within 14 days after the date of the decision of the Lord Ordinary appealed against; and
(b) an appeal shall be made by motion to the Inner House within 14 days after the date on which leave was granted.
(3) An interlocutor, other than an interlocutor determining the application, pronounced under Chapter 58 (applications for judicial review) may be reclaimed against only with the leave of the Lord Ordinary within 14 days after the date on which the interlocutor was pronounced.
(4) The decision of the Lord Ordinary on a note of objection to the report of the Auditor under rule 42.4 may be reclaimed against only with the leave of the Lord Ordinary within 7 days after the date on which the decision was made.
(5) An interlocutor granting or refusing a motion under rule 47.10(1) (appointing action to be a commercial action) may be reclaimed against only with the leave of the commercial judge within 14 days after the date on which the interlocutor was pronounced.
(6) An interlocutor pronounced on the Commercial Roll, other than an interlocutor which makes such disposal as is mentioned in rule 38.2(1), may be reclaimed against only with the leave of the commercial judge within 14 days after the date on which the interlocutor was pronounced.
38.4. 

(1) An application for leave to reclaim against an interlocutor shall be made by motion.
(2) A motion under paragraph (1) shall be brought—
(a) before the Lord Ordinary who pronounced the interlocutor;
(b) where that Lord Ordinary is, for whatever reason, unavailable, before another Lord Ordinary; or
(c) before the vacation judge.
(3) Where a motion under paragraph (1) is brought before a judge under paragraph (2)(b) or (c), that judge shall—
(a) continue the motion until the Lord Ordinary who pronounced the interlocutor is available; or
(b) where the matter is of such urgency that a continuation would not be appropriate, grant or refuse leave, as the case may be.
(4) Any period during which a motion under paragraph (1) is continued by virtue of an order under paragraph (3)(a) shall not be taken into account in calculating the reclaiming days under rule 38.2(6) (reclaiming days and leave) or rule 38.3 (leave to reclaim etc. in certain cases).
(5) In granting leave to reclaim, the Lord Ordinary may impose such conditions, if any, as he thinks fit.
(6) The decision of the Lord Ordinary or the vacation judge to grant or refuse leave to reclaim shall be final and not subject to review.
(7) Leave to reclaim against an interlocutor shall not excuse obedience to or implement of the interlocutor unless by order of the Lord Ordinary, a procedural judge or the vacation judge.
38.5. 

(1) A party who seeks to reclaim against an interlocutor shall mark a reclaiming motion by enrolling a motion for review in Form 38.5 before the expiry of the reclaiming days.
(2) On enrolling a motion for review under paragraph (1), the reclaimer shall lodge a reclaiming print in the form of a record which shall contain—
(a) the whole pleadings and interlocutors in the cause;
(b) where the reclaiming motion is directed at the refusal of the Lord Ordinary to allow the pleadings to be amended in terms of a minute of amendment and answers, the text of such minute and answers; and
(c) where available, the opinion of the Lord Ordinary.
(3) A party who reclaims against an interlocutor adjusting issues for jury trial shall, on enrolling the motion for review—
(a) lodge in process the issue or counter-issue proposed by him showing the amendment to the issues, as adjusted, sought to be made; and
(b) send a copy of the issue or counter-issue, as the case may be, to every other party.
38.6. 

(1) Subject to paragraph (2), a reclaiming motion shall have the effect of submitting to the review of the Inner House all previous interlocutors of the Lord Ordinary or any interlocutor of the Lord Ordinary in a motion under rule 38.2(2), not only at the instance of the party reclaiming but also at the instance of any other party who appeared in the cause, and without the necessity of any counter-reclaiming motion.
(2) Where an interlocutor, either by itself or taken along with a previous interlocutor, has disposed of the whole merits of the cause, a reclaiming motion against a subsequent interlocutor dealing with expenses shall have the effect of submitting to review only that interlocutor and any other interlocutor so far as it deals with expenses.
(3) After a reclaiming motion has been enrolled, the reclaimer shall not be at liberty to withdraw it without the consent of the other parties who have appeared in the cause; and if he does not insist on the reclaiming motion, any other party may do so in the same way as if the motion had been enrolled at his instance.
(4) An unopposed motion by a party to refuse a reclaiming motion shall be treated as if all parties consented to it.
(5) Where an interlocutor contains an award of  residence, contact  or aliment, the marking of a reclaiming motion shall not excuse obedience to or implement of the award of residence, contact or aliment, as the case may be, unless by order of the court.
38.7. 
Review by the Inner House of an interlocutor shall not be prevented by reason only that extract has been issued before the expiry of the reclaiming days.
38.8. 
In respect of the following appeals, the rules in this Chapter shall apply to those appeals as they apply to reclaiming—
(a) an appeal from a decision of the Lord Ordinary under section 6 of and Article 37 or 41 of the convention in Schedule 1 or 3C to, the Civil Jurisdiction and Judgments Act 1982 (appeals in relation to decisions on enforcement); and
(b) an appeal from a decision of the Lord Ordinary under section 6A of the Civil Jurisdiction and Judgments Act 1982 and Article 44 and Annex IV to the Lugano Convention, as defined in rule 62.26(2) (application and interpretation of Part V of Chapter 62 of these Rules); and
(c) an appeal from a decision of the Lord Ordinary under section 103(3) of the Debtors (Scotland) Act 1987 (appeals on questions of law).
38.9. 

(1) Where decree by default has been granted against a party in respect of his failure to lodge a step of process or other document, a motion for review by that party of the interlocutor granting such decree shall be refused unless the document is lodged on or before the date on which the motion is enrolled.
(2) A decree by default may, if reclaimed against, be recalled on such conditions, if any, as to expenses or otherwise as the court thinks fit.
38.10. 

(1) In a case of mistake or inadvertence, a procedural judge may, on an application made in accordance with paragraph (2), allow a motion for review to be received outwith the reclaiming days and to proceed out of time on such conditions as to expenses or otherwise as the judge thinks fit.
(2) An application under paragraph (1) shall be made by motion included in the motion for review made under rule 38.5(1).
38.11. 

(1) Where the reclaimer seeks urgent disposal of a reclaiming motion, he shall include in his motion under rule 38.5(1) either the words “and for urgent disposal on the Summar Roll” or the words “and for urgent disposal in the Single Bills”.
(2) Where a respondent seeks urgent disposal of a reclaiming motion, he shall, within the period allowed for opposing the motion, endorse on the motion of the reclaimer under rule 38.5(1), or send by post or facsimile transmission a notice of opposition in Form 23.4 including the words “The respondent (name) seeks urgent disposal on the Summar Roll” or the words “The respondent (name) seeks urgent disposal in the Single Bills”, as the case may be.
(3) The entry in the rolls in respect of the motion for urgent disposal shall be starred; and the motion shall call before a procedural judge.
(4) At the hearing of the motion, the parties shall provide the procedural judge with an assessment of the likely duration of the hearing to determine the reclaiming motion.
(5) The procedural judge may—
(a) grant the motion for urgent disposal and either appoint the reclaiming motion to the Summar Roll for a hearing or direct that the reclaiming motion be heard in the Single Bills; or
(b) refuse the motion for urgent disposal.
(6) Where the procedural judge grants the motion for urgent disposal, he may make such order as to the future timetabling of, and procedure in, the reclaiming motion as he thinks fit.
(7) Rules 38.12 to 38.16 shall apply to a reclaiming motion in respect of which the procedural judge has granted a motion for urgent disposal only to the extent that he so directs.
38.11A. 
Where a party reclaims against an interlocutor in relation to an order under section 11(1) of the Children (Scotland) Act 1995, the reclaimer shall seek urgent disposal of the reclaiming motion under rule 38.11(1).
38.12. 

(1) Any party other than the reclaimer may object to the competency of a reclaiming motion by—
(a) lodging in process; and
(b) serving on the reclaimer,a note of objection in Form 38.12.
(2) Where the Deputy Principal Clerk considers that a reclaiming motion may be incompetent he may (whether or not any party has lodged and served a note of objection under paragraph (1)) refer the question of competency to a procedural judge.
(3) Where the Deputy Principal Clerk refers a question of competency, he shall intimate to the parties the grounds on which he considers that question of competency arises.
(4) A note of objection may be lodged, and the Deputy Principal Clerk may refer a question of competency, only in the period of 14 days after the date on which the reclaiming motion was marked.
(5) Where a note of objection is lodged, or the Deputy Principal Clerk has referred a question of competency, the Keeper of the Rolls shall—
(a) allocate a diet for a hearing before a procedural judge; and
(b) intimate the date and time of that diet to the parties.
(6) Each party shall, within the period of 14 days after the date on which a note of objection is lodged or a question of competency is referred by the Deputy Principal Clerk—
(a) lodge in process; and
(b) serve on the other party,
a note of argument giving fair notice of the submissions which the party intends to make as to competency.
(7) At the hearing allocated under paragraph (5), the procedural judge may—
(a) refuse the reclaiming motion as incompetent;
(b) direct that the reclaiming motion is to proceed as if the note of objection had not been lodged or the question not been referred, whether under reservation of the question of competency or having found the reclaiming motion to be competent; or
(c) refer the question of competency to a bench of three or more judges;
and he may make such order as to expenses or otherwise as he thinks fit.
(8) Where a procedural judge refers a question of competency under paragraph (7)(c), the cause shall be put out for a hearing in the Single Bills before a Division of the Inner House comprising three or more judges.
(9) At the hearing in the Single Bills arranged under paragraph (8), the Inner House may—
(a) dispose of the objection to competency;
(b) appoint the cause to the Summar Roll for a hearing on the objection;
(c) reserve the objection until grounds of appeal have been lodged and order such grounds to be lodged;
(d) reserve the objection for hearing with the merits.
38.13. 

(1) The Keeper of the Rolls shall—
(a) issue a timetable in Form 38.13, calculated by reference to such periods as are specified in this Chapter and such other periods as may be specified from time to time by the Lord President, stating the date by which the parties shall comply with the procedural steps listed in paragraph (2) and the date and time of the hearing allocated in terms of subparagraph (b) of this paragraph; and
(b) allocate a diet for a procedural hearing in relation to the reclaiming motion, to follow on completion of the procedural steps listed in paragraph (2).
(2) The procedural steps are—
(a) the lodging of grounds of appeal and answers;
(b) the lodging of any appendices to the reclaiming print or, as the case may be, the giving of intimation that the reclaimer does not intend to lodge any appendices;
(c) the lodging of notes of argument; and
(d) the lodging of estimates of the length of any hearing on the Summar Roll or in the Single Bills which is required to dispose of the reclaiming motion.
(3) The Keeper of the Rolls shall take the steps mentioned in paragraph (1)—
(a) where no note of objection has been lodged and no question of competency has been referred by the Deputy Principal Clerk within the period mentioned in rule 38.12(4), within 7 days of the expiry of that period;
(b) where a procedural judge has made a direction under rule 38.12(7)(b), within 7 days after the date that direction was made; or
(c) where a question of competency has been referred to a bench of three or more judges and—
(i) an interlocutor has been pronounced sustaining the competency of the reclaiming motion under rule 38.12(9)(a) or following a Summar Roll hearing under rule 38.12(9)(b), or
(ii) an interlocutor has been pronounced under rule 38.12(9)(c) or (d),
within 7 days after the date of that interlocutor.
38.14. 

(1) A reclaiming motion may be sisted or the timetable may be varied on the application by motion of any party.
(2) An application under paragraph (1) shall be—
(a) placed before a procedural judge; and
(b) granted only on special cause shown.
(3) The procedural judge before whom an application under paragraph (1) is placed may—
(a) determine the application;
(b) refer the application to a bench of three or more judges; or
(c) make such other order as he thinks fit to secure the expeditious disposal of the reclaiming motion.
(4) Where the timetable is varied, the Keeper of the Rolls  may—
(a) discharge the procedural hearing fixed under rule 38.13(1)(b);
(b) fix a date for a procedural hearing; and
(c) issue a revised timetable in Form 38.13.
(5) Upon recall of a sist, the Keeper of the Rolls  may—
(a) fix a date for a procedural hearing; and
(b) issue a revised timetable in Form 38.13.
38.15. 

(1) Where a party fails to comply with the timetable, the Keeper may, whether on the motion of a party or otherwise, put the reclaiming motion out for a hearing before a procedural judge.
(2) At a hearing under paragraph (1), the procedural judge may—
(a) in any case where the reclaimer or a respondent fails to comply with the timetable, make such order as he thinks fit to secure the expeditious disposal of the reclaiming motion;
(b) in particular, where the reclaimer fails to comply with the timetable, refuse the reclaiming motion; or
(c) in particular, where a sole respondent fails or all respondents fail to comply with the timetable, grant the reclaiming motion.
38.16. 

(1) At the procedural hearing fixed under rules 38.13(1)(b) or 38.14(4)(b) or (5)(a), the procedural judge shall ascertain, so far as reasonably practicable, the state of preparation of the parties.
(2) The procedural judge may—
(a) appoint the reclaiming motion to the Summar Roll for a hearing and allocate a date and time for that hearing;
(b) appoint the reclaiming motion to the Single Bills for a hearing and allocate a date and time for that hearing; or
(c) make such other order as he thinks fit to secure the expeditious disposal of the reclaiming motion.
38.17. 

(1) Where, after a reclaiming motion has been marked, any party applies by motion to have the pleadings amended in terms of a minute of amendment and answers, he shall apply for a direction as to further procedure.
(2) Where it appears that the amendment makes a material change to the pleadings, the Inner House may recall the interlocutor of the Lord Ordinary reclaimed against and remit the cause back to the Lord Ordinary for a further hearing.
38.18. 

(1) Grounds of appeal shall consist of brief specific numbered propositions stating the grounds on which it is proposed to submit that the reclaiming motion should be granted.
(2) On lodging grounds of appeal, the party lodging them shall—
(a) lodge three copies of them in process; and
(b) send a copy of them to every other party.
(3) A party who has lodged grounds of appeal or answers to the grounds of appeal may apply by motion to amend the grounds or answers, on cause shown.
(4) An application under paragraph (3) shall include any necessary application under rule 38.14(1) (sist or variation of timetable).
38.19. 

(1) Where, in a reclaiming motion, the reclaimer considers that it is not necessary to lodge an appendix to the reclaiming print, the reclaimer shall, by the relevant date specified in the timetable—
(a) give written intimation of that fact to the Deputy Principal Clerk; and
(b) send a copy of that intimation to each respondent.
(2) Where the reclaimer provides intimation under paragraph (1), a respondent may apply to a procedural judge, by motion, for an order requiring the reclaimer to lodge an appendix.
(3) An application under paragraph (2) shall include specification of the documents that the respondent seeks to have included in the appendix.
(4) Where an application is made under paragraph (2), a procedural judge may make an order requiring the reclaimer to lodge any appendix that the procedural judge considers necessary, within such time as the procedural judge may specify.
(5) An order under paragraph (4) may only be granted by a procedural judge after having heard parties.
(6) Paragraph (7) applies where—
(a) a respondent seeks to submit for consideration by the court notes of evidence or documents in respect of which the reclaimer has given written intimation to the respondent that the reclaimer does not intend to include in his appendix; and
(b) a procedural judge has not made an order under paragraph (2) requiring the reclaimer to lodge an appendix which includes such notes of evidence or documents.
(7) The respondent shall incorporate such notes or documents in an appendix which he shall lodge within such period as is specified by the procedural judge in disposing of the application under paragraph (4).
(8) Where, in any reclaiming motion other than one in which intimation is given under paragraph (1)—
(a) the opinion of the Lord Ordinary has not been included in the reclaiming print; or
(b) it is sought to submit notes of evidence or documents for consideration by the court,
the reclaimer shall lodge an appendix incorporating such documents within such period as shall be specified in the timetable.
38.20. 
Where, in a reclaiming motion, the parties are agreed that on any particular issue the interlocutor reclaimed against is not to be submitted to review, it shall not be necessary to reproduce the notes of evidence or documents relating to that issue.
38.21. 
At any hearing of a reclaiming motion in the Single Bills, the Inner House may determine the motion or make such other order as it thinks fit.
CHAPTER 39
39.1. 

(1) An application under section 29(1) of the Act of 1988 (application for new trial) shall be made to a procedural judge, by motion, within 7 days after the date on which the verdict of the jury was written on the issue and signed.
(2) A motion under paragraph (1) shall specify the grounds on which the application is made.
(3) An application under section 29(1)(a), (b) or (c) of the Act of 1988 may not be made unless—
(a) in the case of an application under section 29(1)(a) (misdirection of judge), the procedure in rule 37.7 (exceptions to judge’s charge) has been complied with;
(b) in the case of an application under section 29(1)(b) (undue admission or rejection of evidence), objection was taken to the admission or rejection of evidence at the trial and recorded in the notes of evidence under the direction of the judge presiding at the trial; or
(c) in the case of an application under section 29(1)(c) (verdict contrary to evidence), it sets out in brief specific numbered propositions the reasons the verdict is said to be contrary to the evidence.
(4) On enrolling a motion for a new trial under paragraph (1), the party enrolling it shall lodge—
(a) a print of the whole pleadings and interlocutors in the cause incorporating the issues and counter-issues;
(b) the verdict of the jury; and
(c) any exception and the determination on it of the judge presiding at the trial.
(5) Rule 38.6 (effect of reclaiming) shall, with the necessary modifications, apply to an application for a new trial under section 29 of the Act of 1988 as it applies to a reclaiming motion.
39.2. 

(1) A procedural judge may, on an application made in accordance with paragraph (2), allow an application for a new trial under section 29(1) of the Act of 1988 to be received outwith the period specified in rule 39.1(1) and to proceed out of time on such conditions as to expenses or otherwise as the procedural judge thinks fit.
(2) An application under paragraph (1) shall be made by motion included in the motion made under rule 39.1(1).
39.3. 

(1) Any party other than the applicant may object to the competency of an application for a new trial under section 29(1) of the Act of 1988 by—
(a) lodging in process; and
(b) serving on the applicant,a note of objection in Form 39.3.
(2) A note of objection may be lodged only within the period of 7 days after the date on which the motion under rule 39.1(1) was enrolled.
(3) Where a note of objection is lodged, the Keeper of the Rolls shall—
(a) allocate a diet for a hearing before a procedural judge; and
(b) intimate the date and time of that diet to the parties.
(4) Each party shall, within the period of 7 days after the date on which a note of objection is lodged–
(a) lodge in process; and
(b) serve on the other party,
a note of argument giving fair notice of the submissions which the party intends to make as to competency.
(5) At the hearing allocated under paragraph (3), the procedural judge may—
(a) refuse the application for a new trial as incompetent;
(b) direct that the application for a new trial is to proceed as if the note of objection had not been lodged or the question not been referred, whether under reservation of the question of competency or having found the application to be competent; or
(c) refer the question of competency to a bench of three or more judges;
and he may make such order as to expenses or otherwise as he thinks fit.
(6) Where a procedural judge refers a question of competency under paragraph (5)(c), the cause shall be put out for a hearing in the Single Bills before a Division of the Inner House comprising three or more judges.
(7) At the hearing in the Single Bills arranged under paragraph (6), the Inner House may—
(a) dispose of the objection to competency;
(b) appoint the cause to the Summar Roll for a hearing on the objection; or
(c) reserve the objection for hearing with the merits.
39.4. 

(1) The Keeper of the Rolls shall—
(a) issue a timetable in Form 39.4, calculated by reference to such periods as are specified in this Chapter and such other periods as may be specified from time to time by the Lord President, stating the date by which the parties shall comply with the procedural steps listed in paragraph (2) and the date and time of the hearing allocated in terms of subparagraph (b) of this paragraph; and
(b) allocate a diet for a procedural hearing in relation to the application for a new trial, to follow on completion of the procedural steps listed in paragraph (2).
(2) The procedural steps are—
(a) the lodging of any appendices to the documents mentioned in rule 39.1(4) or, as the case may be, the giving of notice that the applicant does not intend to lodge any appendices;
(b) the lodging of any notes of argument; and
(c) the lodging of estimates of the length of any hearing required to dispose of the application for a new trial.
(3) The Keeper of the Rolls shall take the steps mentioned in paragraph (1)—
(a) where no note of objection has been lodged within the period mentioned in rule 39.3(2), within 7 days of the expiry of that period;
(b) where a procedural judge has made a direction under rule 39.3(5)(b), within 7 days after the date that direction was made; or
(c) where a question of competency has been referred to a bench of three or more judges and—
(i) an interlocutor has been pronounced sustaining the competency of the application for a new trial under rule 39.3(7)(a) or following a Summar Roll hearing under rule 39.3(7)(b), or
(ii) an interlocutor has been pronounced under rule 39.3(7)(c),
within 7 days after the date of that interlocutor.
39.5. 

(1) An application for a new trial may be sisted or the timetable may be varied on the application by motion of any party.
(2) An application under paragraph (1) shall be—
(a) placed before a procedural judge; and
(b) granted only on special cause shown.
(3) The procedural judge before whom an application under paragraph (1) is placed may—
(a) determine the application;
(b) refer the application to a bench of three or more judges; or
(c) make such other order as he thinks fit to secure the expeditious disposal of the application.
(4) Where the timetable is varied, the Keeper of the Rolls  may—
(a) discharge the procedural hearing fixed under rule 39.4(1)(b);
(b) fix a date for a procedural hearing; and
(c) issue a revised timetable in Form 39.4.
(5) Upon recall of a sist, the Keeper of the Rolls may—
(a) fix a date for a procedural hearing; and
(b) issue a revised timetable in Form 39.4.
39.6. 

(1) Where a party fails to comply with the timetable, the Keeper may, whether on the motion of a party or otherwise, put the application for a new trial out for a hearing before a procedural judge.
(2) At a hearing under paragraph (1), the procedural judge may—
(a) in any case where the applicant or a respondent fails to comply with the timetable, make such order as he thinks fit to secure the expeditious disposal of the application;
(b) in particular, where the applicant fails to comply with the timetable, refuse the application; or
(c) in particular, where a sole respondent fails or all respondents fail to comply with the timetable, allow the application.
39.7. 

(1) At the procedural hearing fixed under rules 39.4(1)(b), 39.5(4)(b) or (5)(a), the procedural judge shall ascertain, so far as reasonably practicable, the state of preparation of the parties.
(2) The procedural judge may—
(a) appoint the application to the Summar Roll for a hearing and allocate a date and time for that hearing;
(b) appoint the application to the Single Bills for a hearing and allocate a date and time for that hearing; or
(c) make such other order as he thinks fit to secure the expeditious disposal of the application.
39.8. 
Rule 38.19 (lodging of appendices in reclaiming motion) shall, with the necessary modifications, apply to an application for a new trial under section 29(1) of the Act of 1988 as it applies to a reclaiming motion.
39.9. 

(1) An application under section 31(1) of the Act of 1988 (verdict may be returned subject to opinion of Inner House on point reserved) shall be made by motion to a procedural judge.
(2) On enrolling a motion under paragraph (1), the party enrolling it shall lodge in process four copies of the closed record incorporating—
(a) all interlocutors pronounced in the cause and any amendments to the record allowed;
(b) the issues and counter-issues;
(c) any exception taken during the trial and the determination on it of the judge presiding at the trial; and
(d) the verdict of the jury,
and send one copy of it to every other party.
(3) Unless the procedural judge otherwise directs, it shall not be necessary for the purposes of such a motion to print the notes of evidence, but the notes of the judge presiding at the trial may be produced at any time if required.
(4) In the case of complexity or difficulty, the procedural judge may appoint an application referred to in paragraph (1) to the Summar Roll for hearing.
39.10. 
At any hearing of an application for a new trial in the Single Bills, the Inner House may determine the application or make such other order as it thinks fit.
CHAPTER 40
40.1. 

(1) This Chapter applies to an appeal to the court from any decision pronounced by an inferior court which may be appealed to the court.
(2) In this Chapter—
(a) “appeal process” means—
(i) the process of the inferior court; or
(ii) where the cause is recorded in an official book of an inferior court, a copy of the record in that book certified by the clerk of the inferior court;
(b) “decision” includes interlocutor, judgment or other determination;
(c) “inferior court” means—
(i) the Lyon Court; or
(ii) the sheriff with respect to judgments or interlocutors to which section 28 of the Sheriff Courts (Scotland) Act 1907, or section 38(b) of the Sheriff Courts (Scotland) Act 1971, applies.
40.2. 

(1) Where leave to appeal is required, an application for such leave shall be made in the first instance to the inferior court unless the enactment allowing the appeal requires the application to be made to the court.
(2) Where—
(a) the inferior court has refused leave to appeal and such refusal is not final, or
(b) leave to appeal is required from the court and not the inferior court,
any application to the court for leave to appeal shall be made in Form 40.2 to a procedural judge.
(3) An application to the court under paragraph (2) for leave to appeal shall be lodged in the General Department—
(a) within the period prescribed by the enactment by virtue of which it is made; or
(b) where no such period is prescribed, within 14 days after the date specified in paragraph (4).
(4) The date referred to in paragraph (3)(b) is—
(a) the date on which the decision of the inferior court refusing leave to appeal was intimated to the appellant; or
(b) where the application for leave to appeal is required to be made to the court and not the inferior court—
(i) the date on which the decision of the inferior court complained of was issued; or
(ii) where the inferior court issued reasons for its decision later than the decision, the date of issue of the reasons.
(5) An application to the court for leave to appeal shall include a statement setting out the proposed grounds of appeal and the grounds on which leave to appeal is sought.
(6) There shall be lodged with an application to the court under paragraph (3)—
(a) a process in accordance with rule 4.4 (steps of process);
(b) where applicable—
(i) evidence that leave to appeal has been refused by the inferior court;
(ii) a copy of the grounds of appeal intimated to the inferior court; and
(iii) any note by the inferior court setting out the reasons for its refusal;
(c) a copy of the decision of the inferior court complained of and any reasons for that decision; and
(d) where the inferior court itself exercised an appellate function, a copy of the decision of the tribunal from which that appeal was taken and any reasons given for that decision.
40.3. 

(1) An application for leave to appeal under rule 40.2 shall, without a motion being enrolled—
(a) during session, be brought before a procedural judge on the first available day after being made for an order for—
(i) service of the application on the respondent and such other person as the procedural judge thinks fit within 7 days of the date of the order or such other period as the procedural judge thinks fit; and
(ii) any person on whom the application has been served, to lodge answers, if so advised, within 14 days after the date of service or within such other period as the procedural judge thinks fit; and
(b) during vacation, be brought before the vacation judge for such an order.
(2) An order for service under paragraph (1) shall include a requirement to intimate the application to the clerk of the inferior court.
(3) Where an application for leave to appeal is served under paragraph (1), evidence of service in accordance with Chapter 16 of these Rules shall be provided to the General Department within 14 days from the date of service.
(4) Within 14 days after expiry of the period within which answers may be lodged, the applicant may apply by motion for the application to be granted.
40.4. 

(1) An appeal from an inferior court shall be made–
(a) within the period prescribed by the enactment by virtue of which the appeal is made; or
(b) where no such period is prescribed, within 21 days after—
(i) the date on which the decision appealed against was given;
(ii) where the inferior court issued written reasons for its decision later than the decision, the date on which the written reasons were issued; or
(iii) where leave to appeal was granted by the inferior court or application for leave to appeal was made to the court under rule 40.2(2), the date on which leave was granted by the inferior court or the court, as the case may be.
(2) A party seeking to appeal from an inferior court shall mark an appeal by writing a note of appeal in Form 40.4—
(a) on the interlocutor sheet, minute of court or other written record containing the decision appealed against; or
(b) where such a decision is not available or the proceedings of the inferior court are recorded in an official book, on a separate sheet lodged with the clerk of the inferior court.
(3) A note of appeal shall—
(a) be signed by the appellant or his agent;
(b) bear the date on which its is signed; and
(c) where the appellant is represented, specify the name and address of the agent who will be acting for him in the appeal.
40.5. 

(1) An application to allow an appeal to be received outwith the time prescribed for marking an appeal and to proceed out of time shall be included in the note of appeal.
(2) Within 14 days after the date of receipt by the Deputy Principal Clerk of the appeal process from the clerk of the inferior court under rule 40.6(1), the appellant shall apply by motion to allow the appeal to be received outwith the time prescribed for marking an appeal and for leave to proceed out of time.
(3) The motion enrolled in terms of paragraph (2) shall be disposed of by a procedural judge.
(4) Where a motion under paragraph (2) is refused, the Deputy Principal Clerk shall—
(a) give written intimation to the clerk of the inferior court that leave to appeal out of time has been refused; and
(b) transmit the appeal process and note of appeal to him.
40.6. 

(1) Within 4 days after an appeal has been marked, the clerk of the inferior court shall—
(a) give written intimation of the appeal to every other party and certify on the interlocutor sheet, other record or separate note of appeal, as the case may be, that he has done so; and
(b) transmit—
(i) the appeal process, and
(ii) any separate note of appeal,
to the Deputy Principal Clerk.
(2) On receipt of an appeal process sent to him under paragraph (1), the Deputy Principal Clerk shall—
(a) mark the date of receipt on the interlocutor sheet, other record or separate note of appeal, as the case may be; and
(b) give written intimation of that date to the appellant.
(3) Where the clerk of the inferior court or the Deputy Principal Clerk fails to comply with a provision of this rule, the appeal shall not be invalidated; but the court may give such remedy for any disadvantage or inconvenience occasioned thereby as it thinks fit.
40.7. 

(1) Within 14 days after the date of receipt by the Deputy Principal Clerk of the appeal process, each party seeking to appear in the appeal shall—
(a) give written intimation to the Deputy Principal Clerk of, or
(b) state by note written on the interlocutor sheet, minute of court, or other record containing the decision appealed against, or on the separate note of appeal, as the case may be,his name and address and that of his agent (if any).
(2) Subject to rule 40.15(2) (appeals deemed abandoned), within 28 days after the date of receipt by the Deputy Principal Clerk of the appeal process, or the date of the interlocutor granting a motion made under rule 40.5(2) (leave to appeal out of time), whichever is the later, the appellant shall—
(a) lodge a process, including each part of the appeal process, in accordance with rule 4.4 (steps of process);
(b) lodge an appeal print in the form of a record which shall contain—
(i) the whole pleadings and interlocutors in the cause;
(ii) where the appeal is directed at the refusal of the inferior court to allow the pleadings to be amended, the text of the proposed amendment; and
(iii) where available, the judgment of the inferior court (including in an appeal in a summary cause under the Act of Sederunt (Summary Cause Rules) 2002 or a small claim under the Act of Sederunt (Small Claim Rules) 2002, the stated case of the sheriff); and
(c) send a copy of the appeal print, in accordance with rule 4.6(1) (intimation of steps of process).
40.8. 

(1) Within 14 days after the date of receipt by the Deputy Principal Clerk of the appeal process, the appellant may apply by motion to a procedural judge for a sist of process.
(2) On enrolling a motion under rule 40.5(2) (leave to appeal out of time) or under paragraph (1) of this rule, the appellant shall lodge a motion sheet and an interlocutor sheet, if not already lodged.
(3) Where the procedural judge grants a motion under paragraph (1), the period of 28 days mentioned in rule 40.7(2) (lodging process etc.) shall not run during any period in which the appeal is sisted.
(4) The provisions of this rule are without prejudice to the power of the court to sist an appeal, as referred to in rule 40.12.
40.9. 

(1) Where the appellant seeks urgent disposal of an appeal, he shall, on lodging an appeal print under rule 40.7(2)(b), apply by motion to a procedural judge for urgent disposal of the appeal, specifying in the motion whether he seeks urgent disposal on the Summar Roll or urgent disposal in the Single Bills.
(2) Where a respondent seeks urgent disposal of an appeal, he shall—
(a) within the period allowed for opposing the motion, endorse on the motion of the appellant under paragraph (1), or send by post or facsimile transmission a notice of opposition in Form 23.4 including the words “The respondent (name) seeks urgent disposal in the Summar Roll” or the words “The respondent (name) seeks urgent disposal in the Single Bills”, as the case may be; or
(b) enrol a motion for urgent disposal on the Summar Roll or for urgent disposal in the Single Bills, within 7 days of the respondent intimating his name and address and that of his agent (if any) in terms of rule 40.7(1).
(3) The entry in the rolls in respect of a motion for urgent disposal under this rule shall be starred; and the motion shall call before a procedural judge.
(4) At the hearing of the motion, the parties shall provide the procedural judge with an assessment of the likely duration of the hearing to determine the appeal.
(5) The procedural judge may—
(a) grant the motion for urgent disposal and either appoint the cause to the Summar Roll for hearing or direct that the cause be heard in the Single Bills;
(b) refuse the motion for urgent disposal.
(6) Where the procedural judge grants the motion for urgent disposal, he may make such order as to the future timetabling of, and procedure in, the appeal as he thinks fit.
(7) Rules 40.10 to 40.14 shall apply to an appeal in respect of which the procedural judge has granted a motion for urgent disposal only to the extent that he so directs.
40.9A. 
On lodging an appeal print under rule 40.7(2)(b) in respect of an appeal marked against an interlocutor of an inferior court containing an order made under section 11(1) of the Children (Scotland) Act 1995, the appellant shall seek urgent disposal of the appeal under rule 40.9(1).
40.10. 

(1) Any party other than the appellant may object to the competency of an appeal made under this Chapter by—
(a) lodging in process; and
(b) serving on the appellant,a note of objection in Form 40.10.
(2) Where the Deputy Principal Clerk considers that an appeal made under this Chapter may be incompetent he may (whether or not any party has lodged and served a note of objection under paragraph (1)) refer the question of competency to a procedural judge at any time within the period of 14 days after receipt by the Deputy Principal Clerk of the appeal process .
(3) Where the Deputy Principal Clerk refers a question of competency, he shall intimate to the parties the grounds on which he considers that question of competency arises.
(4) A note of objection may be lodged ... only within 14 days after the expiry of the period specified in rule 40.7(2) (lodging process etc.).
(5) Where a note of objection is lodged, or the Deputy Principal Clerk has referred a question of competency, the Keeper of the Rolls shall—
(a) allocate a diet for a hearing before a procedural judge; and
(b) intimate the date and time of that diet to the parties.
(6) Each party shall, within the period of 14 days after the date on which a note of objection is lodged or a question of competency is referred by the Deputy Principal Clerk—
(a) lodge in process; and
(b) serve on the other party,
a note of argument giving fair notice of the submissions which the party intends to make as to competency.
(7) At the hearing allocated under paragraph (5), the procedural judge may—
(a) refuse the appeal as incompetent;
(b) direct that the appeal is to proceed as if the note of objection had not been lodged or the question not been referred, whether under reservation of the question of competency or having found the appeal to be competent; or
(c) refer the question of competency to a bench of three or more judges;
and he may make such order as to expenses or otherwise as he thinks fit.
(8) Where a procedural judge refers a question of competency under paragraph (7)(c), the cause shall be put out for a hearing in the Single Bills before a Division of the Inner House comprising three or more judges.
(9) At the hearing in the Single Bills arranged under paragraph (8), the Inner House may—
(a) dispose of the objection to competency;
(b) appoint the cause to the Summar Roll for a hearing on the objection;
(c) reserve the objection until grounds of appeal have been lodged and order such grounds to be lodged;
(d) reserve the objection for hearing with the merits.
40.11. 

(1) The  Keeper of the Rolls shall—
(a) issue a timetable in Form 40.11, calculated by reference to such periods as are specified in this Chapter and such other periods as may be specified from time to time by the Lord President, stating the date by which the parties shall comply with the procedural steps listed in paragraph (2) and the date and time of the hearing allocated in terms of subparagraph (b) of this paragraph; and
(b) allocate a diet for a procedural hearing in relation to the appeal, to follow on completion of the procedural steps listed in paragraph (2).
(2) The procedural steps are—
(a) the lodging of a process in accordance with rule 40.7(2)(a);
(b) the lodging and sending a copy of the appeal print in accordance with rule 40.7(2)(b);
(c) the enrolling of any motion for a sist of process in terms of rule 40.8;
(d) the lodging of grounds of appeal and answers;
(e) the lodging of appendices to the appeal print or, as the case may be, the giving of intimation that the appellant does not intend to lodge any appendices;
(f) the lodging of notes of argument; and
(g) the lodging of estimates of the length of any hearing on the Summar Roll or in the Single Bills which is required to dispose of the appeal.
(3) The Keeper of the Rolls shall take the steps mentioned in paragraph (1)—
(a) where no note of objection has been lodged and no question of competency has been referred by the Deputy Principal Clerk within the period mentioned in rule 40.10(4), within 7 days of the expiry of that period;
(b) where a procedural judge has made a direction under rule 40.10(7)(b), within 7 days after the date that direction was made; or
(c) where a question of competency has been referred to a bench of three or more judges and—
(i) an interlocutor has been pronounced sustaining the competency of the appeal under rule 40.10(9)(a) or following a Summar Roll hearing under rule 40.10(9)(b), or
(ii) an interlocutor has been pronounced under rule 40.10(9)(c) or (d),
within 7 days after the date of that interlocutor.
40.12. 

(1) An appeal under this Chapter may be sisted or the timetable may be varied on the application by motion of any party.
(2) An application under paragraph (1) shall be—
(a) placed before a procedural judge; and
(b) granted only on special cause shown.
(3) The procedural judge before whom an application under paragraph (1) is placed may—
(a) determine the application;
(b) refer the application to a bench of three or more judges; or
(c) make such other order as he thinks fit to secure the expeditious disposal of the appeal.
(4) Where the timetable is varied, the Keeper of the Rolls  may—
(a) discharge the procedural hearing fixed under rule 40.11(1)(b);
(b) fix a date for a procedural hearing; and
(c) issue a revised timetable in Form 40.11.
(5) Upon recall of a sist, the Keeper of the Rolls  may—
(a) fix a date for a procedural hearing; and
(b) issue a revised timetable in Form 40.11.
40.13. 

(1) Where a party fails to comply with the timetable, the Keeper may, whether on the motion of a party or otherwise, put the appeal out for a hearing before a procedural judge.
(2) At a hearing under paragraph (1), the procedural judge may—
(a) in any case where the appellant or a respondent fails to comply with the timetable, make such order as he thinks fit to secure the expeditious disposal of the appeal;
(b) in particular, where the appellant fails to comply with the timetable, refuse the appeal; or
(c) in particular, where a sole respondent fails or all respondents fail to comply with the timetable, allow the appeal.
40.14. 

(1) At the procedural hearing fixed under rules 40.11(1)(b), 40.12(4)(b) or (5)(a), the procedural judge shall ascertain, so far as reasonably practicable, the state of preparation of the parties.
(2) The procedural judge may—
(a) appoint the appeal to the Summar Roll for a hearing and allocate a date and time for that hearing;
(b) appoint the appeal to the Single Bills for a hearing and allocate a date and time for that hearing; or
(c) make such other order as he thinks fit to secure the expeditious disposal of the appeal.
40.15. 

(1) If an appellant fails—
(a) to apply by motion in accordance with rule 40.5(2) (leave to appeal out of time), or
(b) to comply with the requirements of rule 40.7(2) (lodging process etc.),he shall be deemed to have abandoned his appeal on the expiry of the period for marking an appeal or for complying with the requirements of rule 40.7(2), as the case may be.
(2) Where an appeal has been deemed to be abandoned by reason of paragraph (1)(b), a respondent may, within 7 days after the date on which the appeal is deemed to be abandoned, comply with the requirements of rule 40.7(2) (lodging process etc.) and thereafter insist in the appeal as if it had been marked by him; and the following provisions of this Chapter applying to an appellant shall, with the necessary modifications, apply to an appeal by a respondent under this paragraph.
(3) Where a respondent insists on an appeal under paragraph (2), the appellant shall be entitled to insist in the appeal notwithstanding that his appeal has been deemed to be abandoned.
(4) If, on the expiry of the period of 7 days after the date on which an appeal is deemed to be abandoned by virtue of paragraph (1)—
(a) the appellant has not been reponed under rule 40.16, and
(b) a respondent does not insist in the appeal under paragraph (2) of this rule,
the decision appealed against shall be treated in all respects as if no appeal had been marked, and the Deputy Principal Clerk shall transmit the appeal process to the clerk of the inferior court in accordance with paragraph (5) of this rule.
(5) Where an appeal process falls to be transmitted to the inferior court under paragraph (4), the Deputy Principal Clerk shall—
(a) write on the interlocutor sheet, minute of court or other record containing the decision appealed against or on the separate note of appeal, as the case may be, a certificate in Form 40.15;
(b) send the appeal process to the clerk of the inferior court; and
(c) give written intimation to each party to the appeal of the date on which the appeal process was transmitted.
(6) Where an appeal is deemed to be abandoned under paragraph (1) and has been transmitted to an inferior court under paragraph (5)—
(a) a respondent in the appeal may apply by motion to that court for an award of the expenses of the abandoned appeal; and
(b) the inferior court shall on such motion grant decree for payment to that respondent of those expenses as taxed by the Auditor of the Court of Session.
40.16. 

(1) An appellant may, within 7 days after the date on which the appeal has been deemed to be abandoned under rule 40.15(1), apply by motion to a procedural judge to be reponed.
(2) A procedural judge may grant a motion under paragraph (1) on such conditions as to expenses or otherwise as he thinks fit.
(3) On enrolling a motion under paragraph (1), the appellant shall lodge a process (or such necessary steps of process as have not already been lodged) and an appeal print.
40.17. 

(1) Where, after an appeal has been marked, any party applies by motion to have the pleadings amended in terms of a minute of amendment and answers, he shall apply for a direction as to further procedure.
(2) Where it appears that the amendment makes a material change to the pleadings, the Inner House may set aside the decision, or recall the interlocutor of the inferior court appealed against and remit the cause back to the inferior court for a further hearing.
40.18. 

(1) Grounds of appeal shall consist of brief specific numbered propositions stating the grounds on which it is proposed to submit that the appeal should be allowed.
(2) On lodging grounds of appeal, the party lodging them shall—
(a) lodge three copies of them in process; and
(b) send a copy of them to every other party.
(3) A party who has lodged grounds of appeal or answers to the grounds of appeal may apply by motion to amend the grounds or answers, on cause shown.
(4) An application under paragraph (3) shall include any necessary application under rule 40.12(1).
40.19. 

(1) Where, in an appeal under this Chapter, the appellant considers that it is not necessary to lodge an appendix to the appeal print, the appellant shall, by the relevant date specified in the timetable—
(a) give written intimation of that fact to the Deputy Principal Clerk; and
(b) send a copy of that intimation to each respondent.
(2) Where the appellant provides intimation under paragraph (1), a respondent may apply to a procedural judge, by motion, for an order requiring the appellant to lodge an appendix.
(3) An application under paragraph (2) shall include specification of the documents that the respondent seeks to have included in the appendix.
(4) Where an application is made under paragraph (2), a procedural judge may make an order requiring the appellant to lodge any appendix that the procedural judge considers necessary, within such time as the procedural judge may specify.
(5) An order under paragraph (4) may only be granted by a procedural judge after having heard parties.
(6) Paragraph (7) applies where—
(a) a respondent seeks to submit for consideration by the court notes of evidence or documents in respect of which the appellant has given written intimation to the respondent that the appellant does not intend to include in his appendix; and
(b) a procedural judge has not made an order under paragraph (2) requiring the appellant to lodge an appendix which includes such notes of evidence or documents.
(7) The respondent shall incorporate such notes or documents in an appendix which he shall lodge within such period as is specified by the procedural judge in disposing of the application under paragraph (4).
(8) Where, in any appeal other than one in which intimation is given under paragraph (1)—
(a) the judgment of the inferior court has not been included in the appeal print, or
(b) it is sought to submit notes of evidence or documents for consideration by the court,
the appellant shall lodge an appendix incorporating such documents within such period as shall be specified in the timetable.
40.20. 
Where, in an appeal, the parties are agreed that on any particular issue the decision appealed against is not to be submitted to review, it shall not be necessary to reproduce the notes of evidence or documents relating to that issue.
40.21. 
In an appeal from the sheriff court in which an order in relation to parental responsibilities or parental rights under section 11 of the Children (Scotland) Act 1995 is in issue, a procedural judge may, where he considers it appropriate to do so, refer that issue to a mediator accredited to a specified family mediation organisation.
40.22. 

(1) This rule applies where an inferior court has authorised the use of Gaelic by a party.
(2) If the party wishes to address the Inner House in Gaelic at any hearing fixed under rule 40.14(2), he may—
(a) at any time up to and including the procedural hearing fixed under rules 40.11(1)(b), 40.12(4)(b) or (5)(a), apply by motion to the procedural judge for authority to do so; or
(b) at any time after the procedural hearing fixed under rules 40.11(1)(b), 40.12(4)(b) or (5)(a) and before final disposal of the appeal, apply by motion for authority to do so.
(3) Where proof has been ordered by the Inner House, if the party wishes to give oral evidence in Gaelic, he may apply by motion for authority to do so.
(4) Where the court has granted authority under paragraphs (2) or (3), an interpreter shall be provided by the court.
40.23. 
At any hearing of an appeal from a decision pronounced by an inferior court in the Single Bills, the Inner House may determine the motion or make such other order as it thinks fit.
CHAPTER 41
PART I
41.1. 

(1) This Chapter applies to an appeal to the court from any decision of a tribunal other than a decision in the Outer House or a court to which Chapter 40 (appeals from inferior courts) applies.
(2) In this Chapter, unless the context otherwise requires—
 “appeal” includes stated case, case, special case (other than a special case under section 27 of the Act of 1988), reference or submission, or an application under an enactment by virtue of which a person may question the validity of a decision;
 “case” means stated case, special case (other than a special case under section 27 of the Act of 1988), reference or submission;
 “decision” includes assessment, determination, order or scheme;
 “party” means the person appearing before the tribunal against the decision of which appeal is taken or any other person who has exercised a statutory right of appeal;
 “tribunal” means court, Secretary of State, Minister (including the Scottish Ministers), Department, statutory tribunal, referee, authority or arbiter, as the case may be, against whose decision the appeal is taken.
41.2. 

(1) Where leave to appeal is required, an application for such leave shall be made, in the first instance, to the tribunal which made the decision sought to be appealed against unless—
(a) the enactment allowing the appeal requires the application to be made to the court; or
(b) there are special circumstances which make it impracticable or impossible to apply to the tribunal.
(2) An application may be made to the court for leave to appeal under paragraph (3) where—
(a) the tribunal has refused leave to appeal and such refusal is not final, or
(b) leave to appeal is required from the court and not the tribunal.
(3) Any application to the court for leave to appeal shall be made in Form 40.2.
(4) An application to the court under paragraph (3) for leave to appeal shall be lodged in the General Department—
(a) within the period prescribed by the enactment by virtue of which it is made; or
(b) where no such period is prescribed—
(i) within 42 days after the date on which the decision appealed against was intimated to the appellant;
(ii) where the tribunal issued a statement of reasons for its decision later than the decision, within 42 days after the date of intimation of that statement of reasons to the appellant.
(5) An application to the court for leave to appeal shall include a statement setting out the proposed grounds of appeal and the grounds on which leave to appeal is sought.
(6) There shall be lodged with an application to the court under paragraph (3)—
(a) a process in accordance with rule 4.4 (steps of process);
(b) where applicable—
(i) evidence that leave to appeal has been refused by the tribunal;
(ii) a copy of the grounds of appeal submitted to the tribunal; and
(iii) any note by the tribunal setting out the reasons for its refusal;
(c) a copy of the document issued by the tribunal setting out the decision complained of and any reasons for that decision; and
(d) where the tribunal itself exercised an appellate function, a copy of the decision of the tribunal from which that appeal was taken and any reasons given for that decision.
41.3. 

(1) An application for leave to appeal under rule 41.2 shall, without a motion being enrolled—
(a) during session, be brought before a procedural judge on the first available day after being made for an order for—
(i) service of the application on the respondent and such other person as the procedural judge thinks fit within 7 days of the date of the order or such other period as the procedural judge thinks fit; and
(ii) any person on whom the application has been served, to lodge answers, if so advised, within 14 days after the date of service or within such other period as the procedural judge thinks fit; and
(b) during vacation, be brought before the vacation judge for such an order.
(2) An order for service under paragraph (1) shall include a requirement to intimate the application to the clerk of the tribunal.
(3) Where an application for leave to appeal is served under paragraph (1), evidence of service in accordance with Chapter 16 of these Rules shall be provided to the General Department within 14 days from the date of service.
(4) Paragraph (5) applies where an enactment—
(a) provides that leave to appeal is required;
(b) does not prescribe a period for lodging an application for leave to appeal; and
(c) prescribes a period for lodging an appeal which is shorter than the period mentioned in rule 41.2(4)(b).
(5) A procedural judge or, as the case may be, the vacation judge may order that answers may be lodged to the application for leave to appeal within such period as he or she considers appropriate, having regard to the need for the application for leave to appeal to be dealt with before the period prescribed for lodging an appeal.
(6) Within 14 days after expiry of the period within which answers may be lodged, the applicant may apply by motion to a procedural judge for the application to be granted.
(7) Where an application for leave to appeal has been granted—
(a) the Deputy Principal Clerk shall send a certified copy of the interlocutor granting the application to the tribunal; and
(b) in an appeal by stated case, within 14 days after the date on which the certified copy of the interlocutor was sent to it, the tribunal shall state a case in accordance with rule 41.12 (preparation and issue of the case).
(8) Where an application for leave to appeal has been refused, the Deputy Principal Clerk shall send to the tribunal a copy of the interlocutor refusing the application.
41.4. 

(1) Where the appellant or a respondent seeks urgent disposal of an appeal, he or she shall apply by motion for urgent disposal of the appeal, specifying in the motion whether the appellant or respondent seeks urgent disposal on the Summar Roll or urgent disposal in the Single Bills.
(2) An application under paragraph (1) may be made—
(a) in an appeal under Part II of this Chapter, at any time before the expiry of the period of 14 days from the date intimation is given of the lodging of the case under rule 41.14(1)(b) (intimation of the lodging of the case in court);
(b) in an appeal under Part III of this Chapter, not later than three days after the expiry of the period allowed for lodging answers to the appeal.
(3) The entry in the rolls in respect of a motion for urgent disposal under this rule shall be starred; and the motion shall call before a procedural judge.
(4) At the hearing of the motion, the parties shall provide the procedural judge with an assessment of the likely duration of the hearing to determine the appeal.
(5) The procedural judge may—
(a) grant the motion for urgent disposal and either appoint the cause to the Summar Roll for hearing or direct that the cause be heard in the Single Bills;
(b) refuse the motion for urgent disposal.
(6) Where the procedural judge grants the motion for urgent disposal, he or she may make such order as to the future procedure in and, if appropriate, timetabling of, the appeal as he or she thinks fit.
(7) The following rules apply to an appeal in respect of which the procedural judge has granted a motion for urgent disposal only to the extent that he or she so directs—
(a) rule 41.5 (competency of appeals);
(b) in an appeal under Part II of this Chapter, rules 41.18 to 41.21.
(c) in an appeal under Part III of this Chapter, rules 41.29 to 41.32.
41.5. 

(1) Any party other than the appellant may object to the competency of an appeal made in accordance with this Chapter by lodging in process and serving on the appellant a note of objection in Form 41.5.
(2) A note of objection referred to in paragraph (1) may be lodged—
(a) in an appeal dealt with under Part II of this Chapter, at any time before the expiry of the period of 14 days from the date intimation is given of the lodging of the case under rule 41.14(1)(b) (intimation of the lodging of the case in court); or
(b) in an appeal dealt with under Part III of this Chapter, at any time before the expiry of the period of 14 days from the date of service of the appeal under rule 41.27.
(3) Where the Deputy Principal Clerk considers that an appeal made under this Chapter may be incompetent he may refer the question of competency to a procedural judge—
(a) in an appeal dealt with under Part II of this Chapter, at any time within the period of 14 days from the date the case is lodged under rule 41.14; or
(b) in an appeal dealt with under Part III of this Chapter, at any time within the period of 14 days from the date the appeal is lodged under rule 41.26.
(4) Where the Deputy Principal Clerk refers a question of competency, he shall intimate to the parties the grounds on which he considers that question of competency arises.
(5) Where a note of objection is lodged, or the Deputy Principal Clerk refers a question of competency, the Keeper of the Rolls shall—
(a) allocate a diet for a hearing before a procedural judge; and
(b) intimate the date and time of that diet to the parties.
(6) Each party shall, within the period of 14 days after the date on which a note of objection is lodged or a question of competency is referred by the Deputy Principal Clerk, lodge in process and serve on the other party a note of argument giving fair notice of the submissions which the party intends to make as to competency.
(7) At the hearing allocated under paragraph (5), the procedural judge may—
(a) refuse the appeal as incompetent;
(b) direct that the appeal is to proceed as if the note of objection had not been lodged or the question not been referred, whether under reservation of the question of competency or having found the appeal to be competent; or
(c) refer the question of competency to a bench of three or more judges;
and the procedural judge may make such order as to expenses or otherwise as he or she thinks fit.
(8) Where a procedural judge refers a question of competency under paragraph (7)(c), the cause shall be put out for a hearing in the Single Bills before a Division of the Inner House composed of three or more judges.
(9) At the hearing in the Single Bills arranged under paragraph (8), the Inner House may—
(a) dispose of the objection to competency;
(b) appoint the cause to the Summar Roll for a hearing on the objection;
(c) reserve the objection until grounds of appeal have been lodged and order such grounds to be lodged;
(d) reserve the objection for hearing with the merits.
41.6. 

(1) The Deputy Principal Clerk shall send to the tribunal a copy of the final interlocutor in an appeal under this Chapter.
PART II
41.7. 

(1) Subject to the provisions of the enactment providing for appeal and to Parts III to XIII, this Part shall regulate the procedure in—
(a) an appeal by stated case, special case, case, reference or submission against the decision of a tribunal;
(b) a case stated by an arbiter;
(c) all statutory proceedings for obtaining the opinion of the court on a question before the issue of a decision by a tribunal or by appeal against such a decision; and
(d) a case required to be stated by a tribunal referred to in subsection (1), as modified by subsection (7), of section 11 of the Tribunals and Inquiries Act 1992.
41.8. 

(1) An application for a case for the opinion of the court on any question shall be made by minute setting out the question on which the case is applied for.
(2) A minute under paragraph (1) shall be sent to the clerk of the tribunal—
(a) where the application must be made before the issue of the decision of the tribunal, at any time before the issue of the decision;
(b) where the application may be made after the issue of the decision of the tribunal, within the period mentioned in paragraph (3); or
(c) where, in a cause in which a statement of the reasons for the decision was given later than the issue of the decision, the application may be made after the issue of that statement, within the period mentioned in paragraph (3).
(3) The period referred to in paragraph (2)(b) and (c) is—
(a) the period prescribed by the enactment under which the appeal is made; or
(b) where no such period is prescribed, within 14 days after the issue of the decision or statement of reasons, as the case may be.
41.9. 

(1) On receipt of an application under rule 41.8 (applications for case), the clerk of the tribunal shall send a copy of the minute to every other party.
(2) Within 14 days after the date on which the clerk of the tribunal complied with paragraph (1), any other party may lodge with the clerk a minute setting out any additional question he or she proposes for the case; and on so doing he or she shall send a copy of it to every other party.
41.10. 

(1) Within 21 days after the expiry of the period allowed for lodging a minute under rule 41.9(2) (additional questions by other parties), the tribunal shall—
(a) decide to state a case on the basis of the questions set out in the application for a case under rule 41.8(1) and any minute under rule 41.9(2);
(b) refuse to state a case on a proposed question where it is of the opinion that that question—
(i) does not arise;
(ii) does not require to be decided for the purposes of the appeal; or
(iii) is frivolous; or
(c) where the application under rule 41.8(1) is made before the facts have been ascertained and the tribunal is of the opinion that it is necessary or expedient that the facts should be ascertained before the application is disposed of, defer further consideration of the application until the facts have been ascertained by it.
(2) Where the tribunal has deferred a decision under paragraph (1)(c), it shall, within 14 days after it has ascertained the facts, decide whether to state or refuse to state a case.
(3) Where the tribunal makes a decision under paragraph (1) or (2), the clerk of the tribunal shall intimate that decision to each party.
(4) Where the tribunal has refused to state a case on any question, there shall be sent to the applicant with the intimation under paragraph (3)—
(a) a certificate specifying—
(i) the date of the decision of the tribunal; and
(ii) the reasons for refusal; and
(b) where the refusal has been made after the facts have been ascertained, a note of the proposed findings-in-fact on which the tribunal proposes to base its decision; or
(c) where the refusal has been made before the facts have been ascertained, a note of, or sufficient reference to, the averments of the parties in the appeal on which the refusal is based.
41.11. 

(1) Where the tribunal has refused to state a case on any question, the party whose application has been refused may, within 14 days after the date on which intimation of such refusal was made under rule 41.10(3), lodge in the General Department—
(a) an application by note to a procedural judge for an order to require the other party to show cause why a case should not be stated;
(b) the certificate and any note issued under rule 41.10(4); and
(c) a process in accordance with rule 4.4 (steps of process).
(2) A note under paragraph (1)(a) shall—
(a) state briefly the grounds on which the application is made; and
(b) specify the order and any incidental order sought.
(3) An application under paragraph (1) shall be placed before a procedural judge on the first available day after the date on which the note under paragraph (1)(a) was lodged for an order for service of the note on—
(a) the tribunal; and
(b) every other party.
(4) After the period for lodging answers has expired, the procedural judge shall, on a motion by the noter, without hearing parties—
(a) appoint the note to the Summar Roll for hearing; or
(b) direct that the note be heard in the Single Bills.
(5) The noter shall intimate the decision of the procedural judge on the note to the tribunal.
41.12. 

(1) Where the tribunal has decided, or is ordered under rule 41.11, to state a case, the tribunal shall, within 14 days after the date of intimation of its decision to the parties, cause the case to be prepared in Form 41.12 and copies of it to be submitted in draft to each party.
(2) The case shall—
(a) specify the relevant provision of the enactment under which it is prepared;
(b) state in numbered paragraphs the facts and the circumstances out of which the case arises, as agreed or found, or as the case may be, the decision of the tribunal and the reasons for the decision; and
(c) set out the question for answer by the court.
(3) Within 21 days after the date on which the draft case is submitted under paragraph (1), each party shall—
(a) return a copy of it to the clerk of the tribunal with a note of any amendments which he or she seeks to have made; and
(b) intimate such amendments to every other party.
(4) Within 28 days after the expiry of the period for return of the case under paragraph (3), the tribunal—
(a) shall adjust and settle the case; and
(b) may, when so doing, add such further or additional findings-in-fact and such additional questions as it thinks necessary for the disposal of the subject-matter of the case.
(5) Where the tribunal does not accept any amendment sought by a party, it shall append to the case a note of—
(a) the terms of the amendment proposed by the party and any statement by that party in support of the proposal; and
(b) its reasons for rejecting the proposed amendment.
(6) When the case has been settled by the tribunal, the case shall be authenticated by the clerk of the tribunal who shall send it to the party, or first party, who applied for it.
41.13. 

(1) The party to whom the case has been sent under rule 41.12(6) or paragraph (3) of this rule shall, within 14 days after the date of receipt of it—
(a) intimate to every other party a notice stating whether or not he or she intends to proceed with the case; and
(b) send a copy of the case to every other party.
(2) Where the party to whom the case has been sent under rule 41.12(6) does not intend to proceed with it, he or she shall, on intimating that fact to every other party under paragraph (1), send the case back to the clerk of the tribunal.
(3) On receipt of the case sent back under paragraph (2), the clerk of the tribunal shall send it to any other party who had applied for a case.
41.14. 

(1) The party who applied for the case shall, within the period mentioned in paragraph (2)—
(a) lodge in the General Department—
(i) the case; and
(ii) a process in accordance with rule 4.4 (steps of process) including any productions to be referred to in the appeal;
(b) on giving written intimation to every other party of the lodging of the case, send four copies of the case to every other party; and
(c) endorse and sign a certificate on the case that the requirements of rule 4.6 (intimation of steps of process) have been complied with.
(2) The period referred to in paragraph (1) is—
(a) the period prescribed by the enactment under or by virtue of which the appeal is brought; or
(b) where no such period is prescribed, within 28 days after the date on which the case was received by the party from the clerk of the tribunal by virtue of rule 41.12(6) or 41.13(3), as the case may be.
41.15. 

(1) A party shall be deemed to have abandoned his or her appeal if he or she—
(a) fails to comply with a requirement of rule 41.14(1) (lodging of case in court); and
(b) does not apply to be reponed under rule 41.16 (reponing against deemed abandonment).
(2) Where a party is deemed to have abandoned his or her appeal under paragraph (1) and another party has also applied for a case and has had no opportunity of proceeding with his or her appeal, the party deemed to have abandoned his or her appeal shall—
(a) intimate to that other party that his or her appeal is abandoned; and
(b) send the case to that other party.
(3) Where paragraph (2) applies, that other party shall be entitled to proceed in accordance with rule 41.14.
(4) In the application of rule 41.14 to a party entitled to proceed by virtue of paragraph (3) of this rule, for the words “on which the case” to “rule 41.12(6) or 41.13(3), as the case may be” in paragraph (2)(b) of that rule, substitute the words “of intimation of abandonment under rule 41.15(2)”.
41.16. 
A party may apply by motion to a procedural judge within 7 days after the expiry of the period specified in rule 41.14(2) (period for lodging of case in court), to be reponed against a failure to comply with a requirement of rule 41.14(1).
41.17. 

(1) On abandonment of the appeal by all parties entitled to proceed, the case shall be sent to the Deputy Principal Clerk.
(2) On receiving a case sent under paragraph (1), the Deputy Principal Clerk shall—
(a) endorse the case with a certificate in Form 41.17; and
(b) transmit the case to the clerk of the tribunal.
(3) Where a case has been transmitted under paragraph (2), the tribunal shall, on a motion being made to it to that effect—
(a) dispose of the cause; and
(b) where one party only has applied for a stated case, find that party liable for payment to the other party in the appeal of the expenses of the abandoned appeal as taxed by the Auditor of the Court of Session.
41.18. 

(1) Where a case has been lodged in accordance with rule 41.14, the Keeper of the Rolls shall—
(a) issue a timetable in Form 41.29, calculated by reference to such periods as are specified in this Chapter and such other periods as may be specified from time to time by the Lord President, stating the date by which parties shall comply with the procedural steps listed in paragraph (2) and the date and time of the hearing allocated in terms of subparagraph (b) of this paragraph; and
(b) allocate a diet for a procedural hearing in relation to the appeal, to follow on completion of the procedural steps listed in paragraph (2).
(2) The procedural steps are—
(a) the lodging of any productions relating to, or appendices to, the appeal;
(b) the lodging of notes of argument; and
(c) the lodging of estimates of the length of any hearing on the Summar Roll or in the Single Bills which is required to dispose of the appeal.
(3) The Keeper shall take the steps mentioned in paragraph (1)—
(a) where no note of objection has been lodged and no question of competency has been referred by the Deputy Principal Clerk, within 7 days after expiry of the 14 day period mentioned in rule 41.5(2)(a);
(b) where a procedural judge has made a direction under rule 41.5(7)(b), within 7 days after the date that direction was made;
(c) where a question of competency has been referred to a bench of three or more judges, within 7 days after the date of the interlocutor mentioned in paragraph (4).
(4) An interlocutor referred to in paragraph (3)(c) is—
(a) an interlocutor that has been pronounced sustaining the competency of the appeal under rule 41.5(9)(a) or following a Summar Roll hearing under rule 41.5(9)(b);
(b) an interlocutor that has been pronounced under rule 41.5(9)(c) or (d).
41.19. 

(1) An appeal under Part II of this Chapter may be sisted or the timetable may be varied on the application by motion of any party.
(2) An application under paragraph (1) shall be—
(a) placed before a procedural judge; and
(b) granted only on special cause shown.
(3) The procedural judge before whom an application under paragraph (1) is placed may—
(a) determine the application;
(b) refer the application to a bench of three or more judges; or
(c) make such other order as the procedural judge thinks fit to secure the expeditious disposal of the appeal.
(4) Where the timetable is varied, the Keeper of the Rolls may—
(a) discharge the procedural hearing fixed under rule 41.18(1)(b);
(b) fix a date for a procedural hearing; and
(c) issue a revised timetable in Form 41.29.
(5) Upon recall of a sist, the Keeper of the Rolls may—
(a) fix a date for a procedural hearing; and
(b) issue a revised timetable in Form 41.29.
41.20. 

(1) Where a party fails to comply with the timetable, the Keeper may, whether on the motion of a party or otherwise, put the appeal out for a hearing before a procedural judge.
(2) At a hearing under paragraph (1), the procedural judge may—
(a) in any case where the appellant or a respondent fails to comply with the timetable, make such order as the procedural judge thinks fit to secure the expeditious disposal of the appeal;
(b) in particular, where the appellant fails to comply with the timetable, refuse the appeal; or
(c) in particular, where a sole respondent fails or all respondents fail to comply with the timetable, allow the appeal.
41.21. 

(1) At the procedural hearing fixed under rule 41.18(1)(b), or rule 41.19(4)(b) or (5)(a), the procedural judge shall ascertain, so far as reasonably practicable, the state of preparation of the parties.
(2) At the procedural hearing mentioned in paragraph (1), the procedural judge may—
(a) appoint the appeal to the Summar Roll for a hearing and allocate a date and time for that hearing;
(b) appoint the appeal to the Single Bills for a hearing and allocate a date and time for that hearing; or
(c) make such other order as the procedural judge thinks fit to secure the expeditious disposal of the appeal.
41.22. 
The Inner House may, at any time before the final determination of the case—
(a) allow the case to be amended with the consent of the parties; or
(b) remit the case for re-statement, or further statement, in whole or in part by the tribunal.
41.23. 

(1) Where, in order to determine the case, any inquiry into matters of fact may be made, the Inner House may remit to a reporter, the Lord Ordinary or, in the case of a bench of three or more judges, one of the Inner House’s own number to take evidence and to report to the court.
(2) On completion of a report made under paragraph (1), the reporter shall send his or her report and three copies of it, and a copy of it for each party, to the Deputy Principal Clerk.
(3) On receipt of such a report, the Deputy Principal Clerk shall—
(a) cause the report to be lodged in process; and
(b) give written intimation to each party that this has been done and that each party may uplift a copy of the report from process.
(4) After the lodging of such a report, any party may apply by motion for an order in respect of the report or for further procedure.
PART III
41.24. 
Subject to the provisions of the enactment providing for appeal, this Part applies to an appeal against a decision of a tribunal other than an appeal to which Part II (appeals by stated case, etc.) applies.
41.25. 

(1) An appeal to which this Part applies shall be made in Form 41.25.
(2) An appeal referred to in paragraph (1) shall—
(a) specify the relevant provision of the enactment under the authority of which the appeal is brought;
(b) specify the decision complained of, the date on which the decision was made and on which it was intimated to the appellant, and any other necessary particulars;
(c) where the appeal is against only a part of such a decision, specify or distinguish that part;
(d) set out the decision appealed against or refer to the decision (a copy of which shall be appended to the appeal);
(e) state, in brief numbered propositions, the grounds of appeal; and
(f) set out in a schedule the names and addresses of the respondents in the appeal and the name and address, so far as known to the appellant, of any other person who may have an interest in the appeal.
41.26. 

(1) Subject to paragraphs (2) and (3), the appeal shall be lodged in the General Department—
(a) within the period prescribed by the enactment under which it is brought; or
(b) where no such period is prescribed—
(i) within 42 days after the date on which the decision appealed against was intimated to the appellant; or
(ii) where the tribunal issued a statement of reasons for its decision later than the decision, within 42 days after the date of intimation of that statement of reasons to the appellant.
(2) Where leave to appeal to the court has been granted by the tribunal under any of the following enactments, the appeal shall be lodged in the General Department within 42 days after the date on which the decision to grant leave was intimated to the appellant—
(a) section 37 of the Employment Tribunals Act 1996 (appeal on a question of law from a decision or order of the Employment Appeal Tribunal with leave of the Tribunal);
(b) section 15 of the Social Security Act 1998 (appeal from a decision of a commissioner on a question of law with leave of a commissioner);
(c) section 13 of the Tribunals, Courts and Enforcement Act 2007 (appeal from decision of Upper Tribunal with leave from the Upper Tribunal).
(3) Where an application for leave to appeal was made to the court within the period specified in paragraph (1)(b) but that period has expired before leave has been granted, the appeal may be lodged within 7 days after the date on which that leave was granted.
(4) There shall be lodged with the appeal under paragraph (1)—
(a) a process in accordance with rule 4.4 (steps of process), unless an application has already been made to the court for leave to appeal;
(b) where appropriate, evidence that leave to appeal has been granted by the tribunal;
(c) the documents mentioned in rule 41.2(6)(c) and (d) (copies of decisions of tribunal) unless already lodged; and
(d) such other documents founded upon by the appellant so far as in his or her possession or within his or her control.
41.27. 

(1) The appeal shall, without a motion being enrolled—
(a) during session, be brought before a procedural judge on the first available day after being lodged for an order for—
(i) service of the appeal on the respondent and such other person as the procedural judge thinks fit within 7 days of the date of the order or such other period as the procedural judge thinks fit; and
(ii) any person on whom the appeal has been served, to lodge answers, if so advised, within the period of notice; and
(b) during vacation, be brought before the vacation judge for such an order.
(2) Where an appeal is served under paragraph (1), evidence of service in accordance with Chapter 16 of these Rules shall be provided to the General Department within 14 days from the date of service.
(3) In the application of paragraph (1) to an appeal under section 9(5) of the Transport Act 1985 (appeal from a decision of the Secretary of State), the order for service under that paragraph shall include a requirement to serve the appeal on—
(a) the Secretary of State; and
(b) every person who had, or if aggrieved would have had, a right of appeal to the Secretary of State, whether or not that person has exercised that right.
(4) In the application of paragraph (1) to an appeal under section 15 of the Social Security Act 1998 (appeal from a Social Security Commissioner) or, in respect of the exercise of functions transferred from a Child Support Commissioner or a Social Security Commissioner to the Upper Tribunal, section 13 of the Tribunals, Courts and Enforcement Act 2007 (appeal from Upper Tribunal), the order for service under that paragraph shall include a requirement to serve the appeal on—
(a) the Secretary of State for Work and Pensions; and
(b) if it appears to the court that a person has been appointed by the Secretary of State to pursue a claim for benefit to which the appeal relates, that person.
(5) In the application of paragraph (1) to an appeal from a tribunal referred to in subsection (1), as modified by subsection (7), of section 11 of the Tribunals and Inquiries Act 1992, the order for service pronounced under that paragraph shall include a requirement to serve an appeal on every other party to the proceedings before the tribunal and on the clerk of the tribunal.
41.28. 

(1) This rule applies—
(a) where no note of objection to competency has been lodged within the period mentioned in rule 41.5(2)(b) and no question of competency has been referred by the Deputy Principal Clerk within the period mentioned in rule 41.5(3)(b);
(b) where a procedural judge has made a direction under rule 41.5(7)(b); or
(c) where a question of competency has been referred to a bench of three or more judges and—
(i) an interlocutor has been pronounced sustaining the competency of the appeal under rule 41.5(9)(a) or following a Summar Roll hearing under rule 41.5(9)(b), or
(ii) an interlocutor has been pronounced under rule 41.5(9)(c) or (d).
(2) Where no answers to the appeal have been lodged, within 14 days after expiry of the period allowed for lodging answers, the appellant shall apply by motion to a procedural judge for—
(a) such order for further procedure as is sought; or
(b) an order for a hearing.
(3) The procedural judge shall, on a motion under paragraph (2)—
(a) in relation to a motion under paragraph (2)(a), make such order as he or she thinks fit; or
(b) in relation to a motion under paragraph (2)(b), without hearing parties—
(i) appoint the cause to the Summar Roll for hearing; or
(ii) direct that the cause be heard in the Single Bills.
41.29. 

(1) Where answers to the appeal have been lodged, the Keeper of the Rolls shall—
(a) issue a timetable in Form 41.29, calculated by reference to such periods as are specified in this Chapter and such other periods as may be specified from time to time by the Lord President, stating the date by which the parties shall comply with the procedural steps listed in paragraph (2) and the date and time of the hearing allocated in terms of subparagraph (b) of this paragraph; and
(b) allocate a diet for a procedural hearing in relation to the appeal, to follow on completion of the procedural steps listed in paragraph (2).
(2) The procedural steps are—
(a) the lodging of any productions relating to, or appendices to, the appeal;
(b) the lodging of notes of argument; and
(c) the lodging of estimates of the length of any hearing on the Summar Roll or in the Single Bills which is required to dispose of the appeal.
(3) The Keeper shall take the steps mentioned in paragraph (1) after answers have been lodged to the appeal and, in particular—
(a) where no note of objection has been lodged and no question of competency has been referred by the Deputy Principal Clerk, within 7 days of the lodging of answers to the appeal;
(b) where, after answers have been lodged to the appeal, a procedural judge has made a direction under rule 41.5(7)(b), within 7 days after the date that direction was made;
(c) where, after answers have been lodged to the appeal, a question of competency has been referred to a bench of three or more judges, within 7 days after the date of an interlocutor mentioned in paragraph (4).
(4) An interlocutor referred to in paragraph (3)(c) is—
(a) an interlocutor that has been pronounced sustaining the competency of the appeal under rule 41.5(9)(a) or following a Summar Roll hearing under rule 41.5(9)(b);
(b) an interlocutor that has been pronounced under rule 41.5(9)(c) or (d).
41.30. 

(1) An appeal under Part III of this Chapter may be sisted or the timetable may be varied on the application by motion of any party.
(2) An application under paragraph (1) shall be—
(a) placed before a procedural judge; and
(b) granted only on special cause shown.
(3) The procedural judge before whom an application under paragraph (1) is placed may—
(a) determine the application;
(b) refer the application to a bench of three or more judges; or
(c) make such other order as the procedural judge thinks fit to secure the expeditious disposal of the appeal.
(4) Where the timetable is varied, the Keeper of the Rolls may—
(a) discharge the procedural hearing fixed under rule 41.29(1)(b);
(b) fix a date for a procedural hearing; and
(c) issue a revised timetable in Form 41.29.
(5) Upon recall of a sist, the Keeper of the Rolls may—
(a) fix a date for a procedural hearing; and
(b) issue a revised timetable in Form 41.29.
41.31. 

(1) Where a party fails to comply with the timetable, the Keeper may, whether on the motion of a party or otherwise, put the appeal out for a hearing before a procedural judge.
(2) At a hearing mentioned in paragraph (1), the procedural judge may—
(a) in any case where the appellant or a respondent fails to comply with the timetable, make such order as the procedural judge thinks fit to secure the expeditious disposal of the appeal;
(b) in particular, where the appellant fails to comply with the timetable, refuse the appeal; or
(c) in particular, where a sole respondent fails or all respondents fail to comply with the timetable, allow the appeal.
41.32. 

(1) At the procedural hearing fixed under rule 41.29(1)(b), or rule 41.30(4)(b) or (5)(a), the procedural judge shall ascertain, so far as reasonably practicable, the state of preparation of the parties.
(2) At the procedural hearing mentioned in paragraph (1), the procedural judge may—
(a) appoint the appeal to the Summar Roll for a hearing and allocate a date and time for that hearing;
(b) appoint the appeal to the Single Bills for a hearing and allocate a date and time for that hearing; or
(c) make such other order as the procedural judge thinks fit to secure the expeditious disposal of the appeal.
PART IV
41.33. 

(1) This rule applies to an appeal to the court as the Court of Exchequer in Scotland under—
(a) section 13(5) of the Stamp Act 1891 (appeal from Commissioners for Her Majesty’s Revenue and Customs); or
(b) regulation 20(1) of the General Commissioners (Jurisdiction and Procedure) Regulations 1994.
(2) In relation to appeals in respect of instruments executed before 1st October 1999, paragraph (1)(a) has effect as if the reference to section 13(5) of the Stamp Act 1891 were a reference to section 13(1) of that Act as it has effect in relation to such instruments.
(3) Subject to paragraph (4), Part II (appeals by stated case etc.) shall apply to an appeal to which paragraph (1) applies.
(4) The following provisions of Part II shall not apply to an appeal to which this rule applies—
 rule 41.8 (applications for case),
 rule 41.9 (additional questions by other parties),
 rule 41.10 (consideration of application by tribunal),
 rule 41.11 (procedure for ordaining tribunal to state a case),
 rule 41.12 (preparation and issue of the case),
 rule 41.13 (intimation of intention to proceed).
41.34. 

(1) This rule applies to an appeal against a determination of the Commissioners for Her Majesty’s Revenue and Customs specified in a notice to the appellant under section 221 of the Inheritance Tax Act 1984 or regulation 6 of the Stamp Duty Reserve Tax Regulations 1986.
(2) Where the court grants leave to appeal under rule 41.3(6) in an application notified to it under section 222(3) of the said Act or regulation 8(3) of the said Regulations, as the case may be, or it is agreed between the appellant and the Commissioners of Inland Revenue that the appeal is to be notified to the court, the appellant shall, within 30 days after the date on which leave to appeal is granted or, as the case may be, after the date on which the Board intimates its agreement to the appellant—
(a) lodge a statement of facts and grounds of appeal in Form 41.25, and a process unless a process has already been lodged under rule 41.2(6) (lodging process in applications for leave to appeal), in which case the statement of facts and grounds of appeal shall be lodged in that process; and
(b) on so doing, apply by motion for an order for service in accordance with rule 41.27 (orders for service and answers).
(3) The appellant shall apply by motion to a procedural judge for an order for a hearing—
(a) following the lodging of answers or on the expiry of any period of adjustment allowed, or
(b) where no answers have been lodged, on the expiry of the period allowed for lodging answers.
(4) A motion under paragraph (3) shall be intimated to the solicitor in Scotland to the Commissioners of Her Majesty’s Revenue and Customs whether or not answers have been lodged by the Commissioners.
(5) Rule 41.28(3)(b) shall apply to a motion under paragraph (3) of this rule as it applies to a motion under paragraph (2)(b) of that rule.
(6) If an appellant fails to comply with any time-limit imposed by this rule, the appellant shall be deemed to have abandoned the appeal.
(7) Where it appears to the court in an appeal under this rule that any question as to the value of land in the United Kingdom requires to be determined, the court shall remit the cause—
(a) where the land is in Scotland, to the Lands Tribunal for Scotland,
(b) where the land is in England and Wales, to the Upper Tribunal (Lands Chamber),
(c) where the land is in Northern Ireland, to the Lands Tribunal for Northern Ireland,
to determine that question and remit back to a procedural judge for further procedure.
PART V
41.35. 
Part II (appeals by stated case etc.) shall apply to an appeal to the court by stated case under sections 163, 164 or 165 of the Act of 2011  subject to the following provisions of this Part.
41.36. 
In this Part—
 “the Act of 2011” means the Children’s Hearings (Scotland) Act 2011;
 “the Principal Reporter” means the Principal Reporter appointed under paragraph 8 of Schedule 3 to the Act of 2011 or any person to whom there is delegated, under paragraph 10(1) of Schedule 3 to the Act of 2011, any function of the Principal Reporter under that Act.
41.37. 

(1) Paragraph (2) applies where,  on an appeal being made to the court by stated case under section 163, 164 or 165 of the Act of 2011—
(a) it appears to the sheriff (or as the case may be to the sheriff principal) that any report or statement lodged under  section 155(2), or report lodged under section 155(6) of that Act  in the appeal to him or her is relevant to any issue which is likely to arise in the stated case; and
(b) the report or statement has been returned to the Principal Reporter.
(2) The sheriff (or sheriff principal) may require the Principal Reporter to lodge the report or statement with the sheriff clerk; but on the stated case being sent to the person who applied for it, the sheriff clerk shall return the report or statement to the Principal Reporter.
41.38. 

(1) Within seven days after the date on which the case is lodged under rule 41.14(1), the Principal Reporter shall send to the Deputy Principal Clerk the principal and three copies of every report or statement which he was required, under rule 41.37, to lodge.
(2) Neither the principal nor any copy of any such report or statement shall be made available to any of the other parties unless the court otherwise orders.
(3) Subject to any such order, every such report or statement shall remain in the custody of the Deputy Principal Clerk until the appeal has been determined or abandoned and then shall be returned by the Deputy Principal Clerk to the Principal Reporter.
41.39. 
The court may direct that all or part of the appeal shall be heard in private.
41.40. 

(1) No expenses shall be awarded to or against any party in respect of the appeal.
(2) Rule 41.17(3)(b) (award of expenses in abandoned appeal) shall not apply to an appeal to which this Part applies.
PART VI
41.41. 
This Part applies to an appeal under section 56, as applied by section 57, of the Representation of the People Act 1983 (registration appeals).
41.42. 
An appeal to which this Part applies shall be made by stated case to which Part II (appeals by stated case etc.) shall apply subject to the following provisions of this Part.
41.43. 
In the application of Part II by virtue of this Part, references to a procedural judge shall be read as references to the Registration Appeal Court constituted under section 57(2) of the Representation of the People Act 1983.
41.44. 

(1) Where several persons have applied for a stated case and it appears to the sheriff that such applications, or any two or more of them, raise the same question of law, the sheriff may consolidate the appeals into one stated case and, where he or she does so, he or she shall—
(a) state in the case the reasons why he or she has consolidated the appeals; and
(b) name one of the appellants as the appellant.
(2) Where appeals have been consolidated under paragraph (1), the appellant named under paragraph (1)(b), on receiving the stated case from the sheriff clerk, shall send a copy of it to every other appellant on request.
41.45. 

(1) On the stated case being lodged in accordance with rule 41.14, the appeal shall be put out for hearing before the Registration Appeal Court on the earliest available day.
(2) Rule 41.18 (timetable in appeal under Part III of this Chapter) shall not apply to an appeal to which this Part applies.
41.46. 

(1) The Registration Appeal Court shall, in its decision, specify any alteration or correction to be made on the register in pursuance of such decision.
(2) The Deputy Principal Clerk shall send a copy of the decision of the Registration Appeal Court to the registration officer within four days after the date of the decision.
PART VII
41.47. 

(1) A tribunal referred to in subsection (1), as modified by subsection (7), of section 11 of the Tribunals and Inquiries Act 1992 may, at its own instance, state a case for the opinion of the court on any question arising in the course of proceedings before it.
(2) Part II (appeals by stated case etc.) shall apply to a case stated under paragraph (1) subject to the following provisions of this Part.
41.48. 

(1) The following rules shall apply to a case to which this Part applies subject to the following provisions of this rule—
 rule 41.12 (preparation and issue of the case),
 rule 41.14 (lodging of case in court).
(2) For paragraph (1) of rule 41.12 substitute—“
(1) Where the tribunal decides to state a case at its own instance, it shall intimate that decision to each party.”.
(3) For paragraph (6) of rule 41.12 substitute—“
(6) When the case has been settled by the tribunal, the case shall be authenticated by the clerk of the tribunal who shall—
(a) send a copy of the case to each party; and
(b) transmit to the Deputy Principal Clerk the case with a certificate endorsed on it and signed by him or her certifying that subparagraph (a) has been complied with.
(7) The Deputy Principal Clerk shall endorse the case with the date on which he received it from the clerk of the tribunal and return it to the clerk.”.
(4) For rule 41.14 substitute—“
41.14. 
Not earlier than seven days and not later than 14 days after the date on which the case was received by the Deputy Principal Clerk, the clerk of the tribunal shall—
(a) lodge in the General Department—
(i) the case; and
(ii) a process in accordance with rule 4.4 (steps of process) including any productions to be referred to in the appeal;
(b) on giving written intimation to every other party of the lodging of the case, send five copies of the case to every such party;
(c) endorse and sign a certificate on the case that the requirements of rule 4.6 (intimation of steps of process) have been complied with.”.
PART VIII
41.49. 
A reference or appeal under any of the following provisions shall be by stated case to which Part II (appeals by stated case etc.) shall apply—
(a) a reference by the Pensions Ombudsman under section 150(7) of the Pension Schemes Act 1993;
(b) an appeal under section 151(4) of the Pension Schemes Act 1993;
(c) a reference by the Ombudsman for the Board of the Pension Protection Fund under section 215 of the Pensions Act 2004; and
(d) an appeal under section 217 of the Pensions Act 2004.
41.50. 

(1) The following rules shall apply to a case to which this Part applies subject to the following provisions of this rule—
 rule 41.12 (preparation and issue of the case),
 rule 41.14 (lodging of case in court).
(2) For paragraph (1) of rule 41.12 substitute—“
(1) Where the tribunal decides to state a case at its own instance, it shall intimate that decision to each party.”.
(3) For paragraph (6) of rule 41.12 substitute—“
(6) When the case has been settled by the tribunal, the case shall be authenticated by the clerk of the tribunal who shall—
(a) send a copy of the case to each party; and
(b) transmit to the Deputy Principal Clerk the case with a certificate endorsed on it and signed by him or her certifying that subparagraph (a) has been complied with.
(7) The Deputy Principal Clerk shall endorse the case with the date on which he received it from the clerk of the tribunal and return it to the clerk.”.
(4) For rule 41.14 substitute—“
41.14. 
Not earlier than seven days and not later than 14 days after the date on which the case was received by the Deputy Principal Clerk, the clerk of the tribunal shall—
(a) lodge in the General Department—
(i) the case; and
(ii) a process in accordance with rule 4.4 (steps of process) including any productions to be referred to in the appeal;
(b) on giving written intimation to every other party of the lodging of the case, send five copies of the case to every such party.
(c) endorse and sign a certificate on the case that the requirements of rule 4.6 (intimation of steps of process) have been complied with.”.
PART IX
41.51. 
Unless otherwise provided in these Rules, in an appeal to the court which is directed by these Rules or any other enactment to be made to a single judge of the court, the Outer House or the Lord Ordinary, Part II (appeals by stated case etc.) or Part III (appeals in Form 41.25), as the case may be, shall apply to that appeal subject to the following modifications—
(a) for references to the Inner House, a procedural judge or a bench of three or more judges substitute references to the Lord Ordinary;
(b) for references to the Single Bills substitute references to the Motion Roll; and
(c) for references to the Summar Roll substitute references to a hearing.
41.52. 

(1) Subject to paragraph (4), an appeal to the court to which this Chapter applies may be remitted by the Inner House to the Outer House to be heard by the Lord Ordinary in the first instance.
(2) An appeal may be remitted by the Inner House under paragraph (1)—
(a) at its own instance after hearing parties, or
(b) on the motion of a party.
(3) An appeal may be remitted under paragraph (1) on a motion being enrolled at any time after answers have been lodged.
(4) Paragraphs (1) to (3) do not apply to the following appeals—
(a) an appeal under an enactment which specifies that the appeal is to the Inner House;
(b) an appeal to which Part IV of this Chapter applies (Exchequer appeals);
(c) an appeal to which  Part V of this Chapter applies (appeals under section 51 of the Children (Scotland) Act 1995);
(d) an appeal to which  Part VI  of this Chapter applies (appeals under the Representation of the People Act 1983);
(e) an appeal from the Land Court;
(f) an appeal from the Lands Tribunal for Scotland;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) an appeal under paragraph 14 of Schedule 4 to the Transport Act 1985 (appeal from the Transport Tribunal);
(i) an appeal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (appeal from Upper Tribunal);
(j) an appeal under section 15 of the Social Security Act 1998 (appeal from a Social Security Commissioner);
(k) an appeal under section 49 of the Competition Act 1998 (appeal from the Competition Commission).
41.53. 
The decision of the Lord Ordinary on an appeal heard in the Outer House by virtue of rule 41.52 (appeals to be heard in Outer House) may be reclaimed against.
PART X
41.54. 
In this Part, “an ACAS Scheme” means an arbitration scheme set out in an order under section 212A(7) of the Trade Union and Labour Relations (Consolidation) Act 1992.
41.55. 

(1) A reference on a preliminary point under an ACAS Scheme shall be made to a procedural judge in Form 41.55 and shall—
(a) state in numbered paragraphs the facts and circumstances out of which the reference arises; and
(b) set out the question for answer by the court.
(2) On a reference under paragraph (1) being lodged, the court shall, without a motion being enrolled for that purpose, pronounce an interlocutor for—
(a) service of the reference on such persons as appears necessary; and
(b) any person on whom the reference has been served, to lodge answers, if so advised, within such period as is specified by the court.
(3) Within 14 days after the expiry of the period allowed for the lodging of answers, the person making the reference shall apply by motion for such further procedure as that person seeks, and the court shall make such order for further procedure as it thinks fit.
41.56. 

(1) Subject to paragraph (2), Part III (appeals in Form 41.25) shall apply to appeals under an ACAS Scheme.
(2) An appeal under an ACAS Scheme shall be made within the time limits specified in that scheme.
PART XI
41.57. 

(1) This rule applies where an application is made to the court under section 13(4) of the Tribunals, Courts and Enforcement Act 2007 for permission to appeal a decision of the Upper Tribunal which falls within section 13(7) of that Act and for which the relevant appellate court is the Court of Session.
(2) Permission shall not be granted on the application unless the court considers that—
(a) the proposed appeal would raise some important point of principle ...; or
(b) there is some other compelling reason for the court to hear the appeal.
CHAPTER 42
PART I
42.1 

(1) Where expenses are found due to a party in any cause, the court shall–
(a) pronounce an interlocutor finding that party entitled to expenses and, subject to rule 42.6(1) (modification of expenses awarded against assisted persons), remitting to the Auditor for taxation; and
(b) without prejudice to rule 42.4 (objections to report of the Auditor), unless satisfied that there is special cause shown for not doing so, pronounce an interlocutor decerning against the party found liable in expenses as taxed by the Auditor.
(2) Any party found entitled to expenses shall–
(a) lodge an account of expenses in process not later than four months after the final interlocutor in which a finding in respect of expenses is made;
(b) if he has failed to comply with sub paragraph (a), lodge such account at any time with leave of the court but subject to such conditions (if any) as the court thinks fit to impose; and
(c) on lodging an account under sub paragraph (a) or (b), intimate a copy of it forthwith to the party found liable to pay those expenses.
(3) Rule 4.6(1) (intimation of steps of process) shall not apply to the lodging of an account of expenses.
42.2 

(1) Subject to paragraph (2), the Auditor shall fix a diet of taxation on receipt of—
(a) the process of the cause;
(b) vouchers in respect of all outlays, including counsel’s fees; and
(c) a letter addressed to the Auditor confirming that the items referred to in subparagraph (b) have been intimated to the party found liable in expenses.
(2) The Auditor may fix a diet of taxation notwithstanding that paragraphs (1)(b) and (c) have not been complied with.
(3) The Auditor shall intimate the diet of taxation to—
(a) the party found entitled to expenses; and
(b) the party found liable in expenses.
(4) The party found liable in expenses shall, not later than 4.00pm on the fourth business day before the diet of taxation, intimate to the Auditor and to the party found entitled to expenses, particular points of objection, specifying each item objected to and stating concisely the nature and ground of objection.
(5) Subject to paragraph (6), if the party found liable in expenses fails to intimate points of objection under paragraph (4) within the time limit set out there, the Auditor shall not take account of them at the diet of taxation.
(6) The Auditor may relieve a party from the consequences of a failure to comply with the requirement contained in paragraph (5) because of mistake, oversight or other excusable cause on such conditions, if any, as the Auditor thinks fit.
(7) At the diet of taxation, the party found entitled to expenses shall make available to the Auditor all documents, drafts or copies of documents sought by the Auditor and relevant to the taxation.
(8) In this rule, a “business day” means any day other than a Saturday, Sunday, or public holiday as directed by the Lord President of the Court of Session.
42.3 

(1) The Auditor shall–
(a) prepare a report of the taxation of the account of expenses, stating the amount of expenses as taxed;
(b) transmit the process of the cause , the taxed account  and the report to the appropriate department of the Office of Court; and
(c) on the day on which he transmits the process, intimate that fact and the date of his report to each party to whom he intimated the diet of taxation.
(2) The party found entitled to expenses shall, within 7 days after  the date of receipt of intimation under paragraph (1)(c), exhibit the taxed account, or send a copy of it, to the party found liable to pay the expenses.
42.4 

(1) Any party to a cause who has appeared or been represented at the diet of taxation may  object  to the report of the Auditor by lodging in process a note of objection within 14 days after the date of the report.
(2) A party lodging a note of objection shall—
(a) intimate a copy of the note and a motion under subparagraph (b) to the Auditor and to any party who appeared or was represented at the diet of taxation;
(b) apply by motion for an order allowing the note to be received; and
(c) intimate forthwith to the Auditor a copy of the interlocutor pronounced on a motion under subparagraph (b).
(2A) Within 14 days after the date of receipt of intimation under paragraph (2)(c), the Auditor shall lodge a minute stating the reasons for his or her decision in relation to the items to which objection is taken in the note.
(3) After the minute of the Auditor has been lodged in process, the party who lodged the note of objection shall, in consultation with any other party wishing to be heard, arrange with the Keeper of the Rolls for a diet of hearing before the appropriate court.
(4) At the hearing on the note of objection, the court may–
(a) sustain or repel any objection in the note or remit the account of expenses to the Auditor for further consideration; and
(b) find any party liable in the expenses of the procedure on the note.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42.5 

(1) In any cause where the court finds a party entitled to expenses, the court may direct that expenses shall be subject to such modification as the court thinks fit.
(2) Where it appears to the Auditor that a party found entitled to expenses–
(a) was unsuccessful, or
(b) incurred expenses through his own fault,
in respect of a matter which would otherwise be included in those expenses, the Auditor may disallow the expenses in respect of that matter in whole or in part.
42.6 

(1) In a cause in which the court finds an assisted person liable in expenses, the court may, on the motion of any party to the cause, instead of remitting the account of expenses of the party in whose favour the finding is made to the Auditor for taxation, determine to what extent the liability of the assisted person for such expenses shall be modified under–
(a) section 2(6)(e) of the Legal Aid (Scotland) Act 1967; or
(b) section 18(2) of the Legal Aid (Scotland) Act 1986.
(2) Where a remit is made to the Auditor for taxation in a cause in which an assisted person is found liable in expenses, an application for modification under a statutory provision mentioned in paragraph (1) may be made by motion within 14 days after the date of the report of the Auditor made under rule 42.3 (report of taxation).
42.7 

(1) Subject to section 61A(1) of the Solicitors (Scotland) Act 1980, the court may remit to the Auditor the account of a solicitor to his client–
(a) where the account is for work done in relation to a cause in the Court of Session, on the motion of the solicitor or the client; or
(b) in an action in which the solicitor or his representative sues the client for payment of the account.
(2) A motion under paragraph (1)(a) may be enrolled notwithstanding that final decree in the cause has been extracted.
(3) The account referred to in paragraph (1) shall–
(a) be in such form as will enable the Auditor to establish the nature and extent of the work done to which the account relates;
(b) detail the outlays incurred by the solicitor; and
(c) be accompanied by such supporting material as is necessary to vouch the items in the account.
(4) The Auditor shall–
(a) fix a diet of taxation not earlier than 14 days after the date on which he receives the account; and
(b) intimate the diet to the solicitor.
(5) On receipt of intimation of the diet of taxation from the Auditor, the solicitor shall forthwith send to his client by registered post or the first class recorded delivery service–
(a) a copy of the account to be taxed;
(b) a copy of the interlocutor remitting the account; and
(c) a notice in Form 42.7 of the date, time and place of the diet of taxation.
(6) In taxing an account remitted to him under paragraph (1), the Auditor–
(a) shall allow a sum in respect of such work and outlays as have been reasonably incurred;
(b) shall allow, in respect of each item of work and outlay, such sum as may be fair and reasonable having regard to all the circumstances of the case;
(c) shall, in determining whether a sum charged in respect of an item of work is fair and reasonable, take into account any of the following factors:–
(i) the complexity of the cause and the number, difficulty or novelty of the questions raised;
(ii) the skill, labour, and specialised knowledge and responsibility required, of the solicitor;
(iii) the time spent on the item of work and on the cause as a whole;
(iv) the number and importance of any documents prepared or perused;
(v) the place and circumstances (including the degree of expedition required) in which the work of the solicitor or any part of it has been done;
(vi) the importance of the cause or the subject-matter of it to the client;
(vii) the amount or value of money or property involved in the cause; and
(viii) any informal agreement relating to fees;
(d) shall presume (unless the contrary is demonstrated to his satisfaction) that–
(i) an item of work or outlay was reasonably incurred if it was incurred with the express or implied approval of the client;
(ii) the fee charged in respect of an item of work or outlay was reasonable if the amount of the fee or the outlay was expressly or impliedly approved by the client; and
(iii) an item of work or outlay was not reasonably incurred, or that the fee charged in respect of an item of work or outlay was not reasonable if the item of work, outlay or fee charged, was unusual in the circumstances of the case, unless the solicitor informed the client before carrying out the item of work or incurring the outlay that it might not be allowed (or that the fee charged might not be allowed in full) in a taxation in a cause between party and party; and
(e) may disallow any item of work or outlay which is not vouched to his satisfaction.
(7) The Auditor shall–
(a) prepare a report of the taxation of the account remitted to him under paragraph (1) , stating the fees and outlays as taxed;
(b) transmit his report and the taxed account  to the appropriate department of the Office of Court; and
(c) send a copy of his report to the solicitor and the client.
(7A) The solicitor shall, within 7 days after the date of receipt of the report under paragraph (7)(c), exhibit the taxed account, or send a copy of it, to his or her client.
(8) The solicitor or his client may, where he or a representative attended the diet of taxation, state any objection to the report of the Auditor; and rule 42.4 (objections to report of the Auditor) shall apply to such objection as it applies to an objection under that rule.
PART II
42.8 

(1) This Part applies to fees of solicitors in a cause other than fees–
(a) provided for by regulations made by the Secretary of State under section 14A of the Legal Aid (Scotland) Act 1967; or
(b) for which the Secretary of State may make regulations under section 33 of the Legal Aid (Scotland) Act 1986.
(2) In this Part, “the Table of Fees” means the Table of Fees in rule 42.16.
42.9 
An account of expenses presented to the Auditor in accordance with an order of the court shall set out in chronological order all items in respect of which fees are claimed ....
42.10 

(1) Only such expenses as are reasonable for conducting the cause in a proper manner shall be allowed.
(2) Where the work can properly be performed by a  local solicitor, the Auditor in taxing an account shall allow such expenses as would have been incurred if the work had been done by the nearest local solicitor, including reasonable fees for instructing and corresponding with him, unless the Auditor is satisfied that it was in the interests of the client that the solicitor in charge of the cause should attend personally.
(3) Subject to paragraph (4), a solicitor may charge an account either on the basis of Chapter I or on the basis of Chapter III of the Table of Fees, but he may not charge partly on one basis and partly on the other.
(4) Where the inclusive fees set out in Chapter III of the Table of Fees are not conveniently applicable or do not properly cover the work involved, an account may be charged on the basis of Chapter I of that Table.
(5) The Auditor may increase or reduce an inclusive fee in Chapter III of the Table of Fees in appropriate circumstances whether or not those circumstances fall under Part IX of that Chapter.
42.11 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42.12 

(1) Where work done by a solicitor constitutes a supply of services in respect of which value added tax is chargeable by him, there may be added to the amount of fees an amount equal to the amount of value added tax chargeable.
(2) An account of expenses or a minute of election to charge the inclusive fee in paragraph 1 of Chapter III of the Table of Fees shall contain a statement as to whether or not the party entitled to the expenses is registered for the purposes of value added tax.
42.13 
Charges for the attendance at a proof or jury trial of a witness present but not called to give evidence may be allowed if the court has, at any time before the diet of taxation, granted a motion for the name of that witness to be noted in the minute of proceedings in the cause.
42.13A. 

(1) If, at any time before the diet of taxation, the court has granted a motion for the certification of a person as skilled, charges shall be allowed for any work done or expenses reasonably incurred by that person which were reasonably required for a purpose in connection with the  cause  or in contemplation of the cause.
(2) A motion under paragraph (1) may be granted only if the court is satisfied that—
(a) the person was a skilled person; and
(b) it was reasonable to employ the person.
(3) Where a motion under paragraph (1) is enrolled after the court has awarded expenses, the expenses of the motion shall be borne by the party enrolling it.
(4) The charges which shall be allowed under paragraph (1) shall be such as the Auditor determines are reasonable.
(5) Where the court grants a motion under paragraph (1), it shall record the name of the skilled person in its interlocutor.
42.14 

(1) An application for the allowance of an additional fee shall be made by motion to the court.
(2) The court may, on such an application to it–
(a) determine the application itself; or
(b) remit the application to the Auditor for him to determine whether an additional fee should be allowed.
(3) In determining whether to allow an additional fee under paragraph (2), the court or the Auditor, as the case may be, shall take into account any of the following factors:–
(a) the complexity of the cause and the number, difficulty or novelty of the questions raised;
(b) the skill, time and labour, and specialised knowledge required, of the solicitor or the exceptional urgency of the steps taken by him;
(c) the number or importance of any documents prepared or perused;
(d) the place and circumstances of the cause or in which the work of the solicitor in preparation for, and conduct of, the cause has been carried out;
(e) the importance of the cause or the subject-matter of it to the client;
(f) the amount or value of money or property involved in the cause;
(g) the steps taken with a view to settling the cause, limiting the matters in dispute or limiting the scope of any hearing.
(4) In fixing an additional fee, the Auditor shall take into account any of the factors mentioned in paragraph (3).
42.15 
Subject to any other provision in these Rules, any order of the court or agreement between a party and his solicitor, where any matter in a cause is remitted by the court, at its own instance or on the motion of a party, to a reporter or other person to report to the court–
(a) the solicitors for the parties shall be personally liable, in the first instance, to the reporter or other person for his fee and outlays unless the court otherwise orders; and
(b) where–
(i) the court makes the remit at its own instance, the party ordained by the court, or
(ii) the court makes the remit on the motion of a party, that party,
shall be liable to the reporter or other person for his fee and outlays.
42.16 

(1) The Table of Fees shall regulate the fees of a solicitor charged in an account in any cause between party and party.
(1A) In addition to the matters set out in the Table of Fees, travel time at a rate of £35 per quarter hour may be claimed on cause shown at the discretion of the Auditor.
(2) In the Table of Fees, “sheet” means a page of 250 or more words or numbers.
(3) The Table of Fees is as follows.
CHAPTER I

1 
Framing documents £

(a) Framing precognitions and other papers (but not including affidavits, witness summaries and witness statements), per sheet 19.50

(b) Framing formal documents such as inventories and title pages, etc., per sheet 9.75

(c) Framing affidavits and (where ordered by the court) witness summaries and witness statements, per sheet 39.00

(d) Framing accounts of expenses, per sheet 19.50

 Note: 

 Where a skilled witness prepares his or her own precognition or report, the solicitor shall be allowed for perusing it (whether or not in the course of so doing he or she revises or adjusts it), half of the framing fee per sheet. 

2 
Copying 

 For the copying of papers by whatever means— 

(a) where a copy is required to be lodged, or sent, in pursuance of any of rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and the Auditor may make different provision for different classes of case); and 

(b) in any other case, if the Auditor determines (either or both) that— 

(i) the copying had to be done in circumstances which were in some way exceptional; 

(ii) the papers which required to be copied were unusually numerous having regard to the nature of the cause, 

 such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed) 

 Note: 

 1. Where a determination is required under subparagraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account. 

 2. Copying done other than in the place of business of the solicitor shall be shown as an outlay. 

3 
Revising 

 Papers drawn by counsel or other person having a right of audience, open and closed records, etc., for each five sheets or part of a sheet 9.75

4 
Citation of parties, witnesses, havers and instructions to messenger-at-arms 

(a) Each party 19.50

(b) Each witness or haver 19.50
CHAPTER II
1. Skilled PersonsWhere it was reasonable to employ a skilled person to carry out work for any purpose, any charges for such work and for any attendance at any proof or jury trial shall be allowed at such a rate which the Auditor of Court shall determine is fair and reasonable.
2. WitnessesA person who is cited to give evidence and in consequence incurs financial loss shall be allowed reimbursement, being such reasonable sum as the Auditor may determine to have been reasonably and necessarily incurred by the witness, but not exceeding £400 per day.
3. Travelling AllowanceIn respect of any witness there shall be allowed a travelling allowance, being such sum as the Auditor may determine to have been reasonably and necessarily incurred by the witness in travelling from and to the witness’s residence or place of business and the Court.
4. Subsistence AllowanceIn respect of any witness there shall be allowed a subsistence allowance, being such sum as the Auditor may determine to have been reasonably incurred by the witness for the extra cost of subsistence during the witness’s absence from the witness’s home or place of business for the purpose of giving evidence, and where the witness reasonably requires to stay overnight, for the reasonable cost of board and lodging.
5. Value Added TaxWhere any witness is a taxable person in terms of the Value Added Tax Act 1983, the amount of value added tax may be added by the witness to the witness’s note of fee, and may be paid to the witness by the Solicitor.
6. Receipts and VouchersReceipts and detailed vouchers for all payments claimed in respect of a witness shall be produced to the party found liable in expenses, prior to the taxation of the Account of Expenses, and to the Auditor, if the Auditor requires.
7. Account of Fees of WitnessesThe fees charged for any witness shall be stated in the Account of Expenses in a lump sum and the details of the charges shall be entered in a separate schedule appended to the Account as follows:

Name & Designation Where From Days Charged Rate per Day Travelling Subsistence Allowance Total Taxed Off
      
CHAPTER III
PART I

1 
Inclusive fee £

 In all undefended causes where no proof is led, the pursuer’s solicitor may at his or her option elect to charge an inclusive fee to cover all work from taking instructions up to and including obtaining extract decree. The option shall be exercised by the solicitor for the pursuer endorsing a minute of election to the above effect on the principal summons or petition before decree is taken. 

(a) All work up to and obtaining extract decree 351.00

(b) Outlays to an amount not exceeding £448.50 (exclusive of value added tax) shall also be allowed. 
PART II

1 
Instruction £

 All work (apart from precognitions) up to and including the calling of the summons in court 468.00

 Note: 

 Precognitions to be charged as in paragraph 10 of Part V of this Chapter of this Table. 

2 
Incidental procedure 

 Fixing diet, enrolling action, preparing for proof, citing witnesses, etc. 273.00

3 
Amendment 

(a) Where summons amended, re-service is not ordered and motion is not starred 78.00

(b) Where summons amended, re-service is not ordered and motion is starred 97.50

(c) Where summons amended and re-service is ordered 117.00

4 
Commission to take evidence on interrogatories 

(a) All work up to and including lodging of completed interrogatories, but excluding attendance at execution of commission 117.00

(b) Attendance at execution of commission (if required), per quarter hour 39.00

(c) In addition a fee per sheet for completed interrogatories (including all copies) 19.50

5 
Commission to take evidence on open commission 

(a) All work up to and including lodging of report of commission, but excluding attendance at execution of commission 117.00

(b) Attendance at execution of commission, per quarter hour 39.00

6 
Other matters 

 Where applicable, charges under paragraphs 11, 12, 15, 20 and 22 of Part V of this Chapter of this Table. 

7 
Proof and completion fee 

 All work to and including sending extract decree, but excluding account of expenses 351.00

8 
Accounts 

 Framing and lodging account and attending taxation 117.00
PART III
1 

(1) This paragraph applies to any undefended action of divorce or separation where–
(a) the facts set out in section 1(2)(a) (adultery) or 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 (“the 1976 Act”) are relied on;
(b) there are no conclusions relating to any ancillary matters; and
(c) the pursuer seeks to prove those facts by means of affidavits.
(2) The solicitor for the pursuer may, in respect of the work specified in column 1 of Table A below, charge the inclusive fee specified in respect of that work in column 2 of that Table.
(3) Where the pursuer has been represented in respect of work specified in column 1 of Table A below by an Edinburgh solicitor and a solicitor outside Edinburgh, the Auditor may, where he is satisfied that it was appropriate for the pursuer to be so represented, allow the inclusive fee specified in column 3 instead of the inclusive fee specified in column 2 of that Table.

TABLE ATable A
Column 1 Column 2 Column 3
Work Done Inclusive fee Discretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh
 £ £

1 
All work to and including calling of the summons 780.00 897.00

2 
All work from calling to and including swearing affidavits 546.00 663.00

3 
All work from swearing affidavits to and including sending extract decree 156.00 273.00

4 
All work to and including sending extract decree 1,482.00 1,833.00
2 

(1) This paragraph applies to any undefended action of divorce or separation where–
(a) the facts set out in section 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five years' non-cohabitation) of the 1976 Act are relied on;
(b) there are no conclusions relating to any ancillary matters; and
(c) the pursuer seeks to prove those facts by affidavit.
(2) The solicitor for the pursuer may, in respect of the work specified in column 1 of Table B below, charge the inclusive fee specified in respect of that work in column 2 of that Table.
(3) Where the pursuer has been represented in respect of work specified in column 1 of Table B below by an Edinburgh solicitor and a solicitor outside Edinburgh, the auditor may, where he is satisfied that it was appropriate for the pursuer to be so represented, allow the inclusive fee specified in respect of that work in column 3 instead of the inclusive fee specified in column 2 of that Table.

TABLE BTable B
Column 1 Column 2 Column 3
Work Done Inclusive fee Discretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh
 £ £

1 
All work to and including calling of the summons 624.00 741.00

2 
All work from calling to and including swearing affidavits 312.00 429.00

3 
All work from swearing affidavits to and including sending extract decree 156.00 273.00

4 
All work to and including sending extract decree 1,092.00 1,443.00
3 
If–
(a) the solicitor for the pursuer charges an inclusive fee under either paragraph 1 or 2 of this Part, and
(b) the action to which the charge relates includes a conclusion relating to an ancillary matter,in addition to that fee he may charge in respect of the work specified in column 1 of Table C below the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE CTable C
Column 1 Column 2
Work done Discretionary inclusive fee Edinburgh solicitor and solicitor outside Edinburgh
 £

1 
All work to and including calling of the summons 156.00

2 
All work from calling to and including swearing affidavits 156.00

3 
All work under items 1 and 2 312.00
PART IV

1 
Unopposed petition £

(a) All work including precognitions and all copyings, up to and obtaining extract decree 702.00

(b) Where the party has been represented by an Edinburgh solicitor and a solicitor outside Edinburgh, the Auditor may, if satisfied that it was appropriate for the party to be so represented, allow a fee of 936.00

(c) Outlays including duplicating charges to be allowed in addition. 

2 
Opposed petition 

(a) All work (other than precognitions) up to and including lodging petition, obtaining and executing warrant for service 546.00

(b) Outlays including duplicating charges to be allowed in addition 

(c) Where applicable, charges under paragraphs 2, 3, 4, 6(a) to (c), 7 and 10 to 26 of Part V of this Chapter. 

3 
Reports in opposed petitions 

(a) For each report by the Accountant of Court 78.00

(b) For any other report, as under paragraph 11 of Part V of this Chapter. 

4 
Obtaining a bond of caution 78.00
PART V

1 
Instruction £

(a) All work (apart from precognitions) from commencement until lodgement of open record 702.00

(b) Instructing re-service where necessary 78.00

(c) If counterclaim lodged, additional fee for each party 156.00

2 
Work before action commences 

 All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings (or such other sum as in the opinion of the Auditor is justified) 702.00

3 
Lodging productions 

(a) For lodging productions – each inventory 78.00

(b) For considering opponent’s productions – each inventory 39.00

4 
Record 

(a) All work in connection with adjustment and closing of record (including subsequent work in connection with By Order (Adjustment) Roll, except in actions proceeding under Chapter 42A) 780.00

(b) All work as above, so far as applicable, where cause settled or disposed of before record closed 468.00

(c) If consultation held before record closed, additional fees may be allowed as follows— 

(i) arranging consultation 78.00

(ii) attendance at consultation, per quarter hour 39.00

(d) Additional fee to subparagraph (a) or (b) (to include necessary amendments) to be allowed to every existing party for each pursuer, defender or third party brought in before the record is closed 234.00

(e) Additional fee to every existing party if an additional pursuer, defender or third party is brought in after the record is closed 351.00

(f) Fee allowable to a new pursuer who requires to be brought in as a result of the death of an existing pursuer 234.00

5 
By Order (Adjustment) Roll in actions proceeding under Chapter 42A 

(a) Fee to cover preparing and instruction of counsel or other person having a right of audience to include attendance not exceeding half an hour 117.00

(b) Thereafter attendance fee, per quarter hour 39.00

6 
Notes of Argument, Statements of Facts or Issues and Notes of Proposals for Further Procedure 

(a) Instructing, perusing and lodging first Note of Arguments (either party) 156.00

(b) Perusing opponent’s Note of Arguments 78.00

(c) Instructing, perusing and lodging any further Note of Arguments (either party) 78.00

(d) Instructing, perusing and lodging (each) Statement of Facts or Issues 117.00

(e) Perusing opponent’s Statement of Facts or Issues (each) 78.00

(f) Instructing, revising and lodging (each) Note of Proposals for Further Procedure 117.00

(g) Perusing opponent’s Note of Proposals for Further Procedure (each) 78.00

7 
Procedure Roll, preliminary, procedural or other hearing 

(a) Preparing for hearing including all work, incidental work and instruction of counsel or other person having a right of audience 156.00

(b) Attendance fee, per quarter hour 39.00

(c) Advising and work incidental to it 117.00

8 
Valuation of claim in actions proceeding under Chapter 42A 

(a) Fee to cover note on quantum/valuation of claim 468.00

(b) Opponent’s fee for inspection of valuation of claim 234.00

(c) Inspection of documents, per quarter hour 39.00

9 
Adjustment of issues and counter issues 

(a) All work in connection with and incidental to the lodging of an issue and adjustment and approval of it 156.00

(b) If one counter-issue, additional fee to pursuer 39.00

(c) Where more than one counter-issue, an additional fee to pursuer for each additional counter-issue 19.50

(d) All work in connection with and incidental to the lodging of a counter-issue and adjustment and approval of it 156.00

(e) Fee to defender or third party for considering issue where no counter-issue lodged 39.00

(f) Fee to defender or third party for considering each additional counter-issue 19.50

10 
Precognitions, affidavits and (where ordered by the court) witness summaries and witness statements 

(a) Taking and drawing precognitions, per sheet 78.00

(b) All work in connection with preparation and lodging of affidavits and (where ordered by the court) witness summaries and witness statements, per sheet 78.00

(c) Perusing opponent’s witness summaries, witness statements and affidavits, per sheet 39.00

 Note: 

 Where a skilled person prepares his or her own precognition or report, the solicitor shall be allowed, for perusing it (whether or not in the course of doing so he or she revises or adjusts it), half of the taking and drawing fee per sheet. 

11 
Reports obtained under order of court excluding Auditor’s report 

(a) All work incidental to it 156.00

(b) Additional, fee for perusal of report, per quarter hour (or such other sum as in the opinion of the Auditor is justified) 35.00

12 
Specification of documents 

(a) Instructing counsel or other person having a right of audience, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor 156.00

(b) Fee to opponent 78.00

(c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission 156.00

(d) Fee to opponent 78.00

(e) Attendance at execution of commission, per quarter hour 39.00

(f) If alternative procedure adopted, a fee per person on whom order served 58.50

(g) Fee for perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour 39.00

13 
Commission to take evidence on interrogatories 

(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories 312.00

(b) Fee to opponent if cross-interrogatories lodged 234.00

(c) Fee to opponent if no cross-interrogatories lodged 97.50

(d) In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies 19.50

14 
Commission to take evidence on open commissions 

(a) Applying for commission up to and including lodging report of commission, but excluding subparagraph (c) 351.00

(b) Fee to opponent 156.00

(c) Fee for attendance at execution of commission, per quarter hour 39.00

15 
Miscellaneous motions and minutes where not otherwise covered by this Part 

(a) Where attendance of counsel or other person having a right of audience and/or solicitor not required 39.00

(b) Where attendance of counsel or other person having a right of audience and/or solicitor required, inclusive of instruction of counsel or other person having a right of audience, not exceeding half an hour 117.00

(c) Thereafter attendance fee, per additional quarter hour 39.00

(d) Instructing counsel or other person having a right of audience for a minute (other than a minute ordered by the court), revising and lodging as a separate step in process including any necessary action 117.00

(e) Perusing a minute of admission or abandonment 39.00

16 
Incidental Procedure (not chargeable prior to the approval of issue of allowance of proof) 

 Fixing diet, obtaining note on the line of evidence etc., borrowing and returning process and all other work prior to the consultation on the sufficiency of evidence 351.00

17 
Amendment of record 

(a) Amendment of conclusions only, fee to proposer 117.00

(b) Amendment of conclusions only, fee to opponent 39.00

(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer 156.00

(d) In same circumstances, fee to opponent 78.00

(e) Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers 390.00

(f) Additional fee for adjustment of minute and answers, where applicable, to be allowed to each party 234.00

18 
Preparation for proof or jury trial 

 To include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial— 

(a) if action settled before proof or jury trial, or lasts only one day, to include, where applicable, instruction of counsel or other person having a right of audience 1,014.00

(b) for each day or part of day after the first, including instruction of counsel or other person having a right of audience 97.50

(c) preparing for adjourned diets and all work incidental to it as in subparagraph (a), if adjourned for more than five days 234.00

(d) if consultation held before proof or jury trial, attendance at it, per quarter hour 39.00

(e) all work in connection with making up and pagination of joint bundle of medical records in actions proceeding under Chapter 42A 156.00

19 
Pre-trial meeting 

(a) Fee arranging pre-trial meeting (each occasion) 78.00

(b) Fee preparing for pre-trial meeting 429.00

(c) Fee for preparing for continued pre-trial meeting (each occasion) 156.00

(d) Fee attending pre-trial meeting, per quarter hour 39.00

(e) Joint minute of pre-trial meeting 39.00

20 
Copying 

 For the copying of papers by whatever means— 

(a) where a copy is required to be lodged, or sent, in pursuance of any of rules 4.7, 22.1 and 22.3, such charge as the Auditor may from time to time determine (and the Auditor may make different provision for different classes of case); and 

(b) in any other case, if the Auditor determines (either or both) that — 

(i) the copying had to be done in circumstances which were in some way exceptional; 

(ii) the papers which required to be copied were unusually numerous having regard to the nature of the cause, 

 such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed). 

 Notes: 

 1. Where a determination is required under subparagraph (b), the purpose of copying, the number of copies and the charge claimed shall be shown in the account. 

 2. Copying done other than in the place of business of the solicitor shall be shown as an outlay. 

21 
Settlement 

(a) Judicial tender— 

(i) lodging or considering first tender 234.00

(ii) lodging or considering each further tender 156.00

(iii) if tender accepted, an additional fee to each accepting party 156.00

(b) Extrajudicial settlement – advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender) to include preparation and lodging of joint minute 390.00

(c) The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement 624.00

(d) If consultation held to consider tender, extrajudicial settlement (not based on judicial tender) or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour 39.00

22 
Hearing limitation fee 

 To include all work undertaken with a view to limiting the matters in dispute or limiting the scope of any hearing, and including exchanging documents, precognitions and expert reports, agreeing any fact, statement or document, and preparing and lodging any joint minute 780.00

23 
Proof or jury trial 

 Attendance fee, per quarter hour 39.00

24 
Accounts 

(a) To include framing, adjusting and lodging account 234.00

(b) To include considering Notes of Objections, and generally preparing for taxation 234.00

(c) Attendance at taxation, per quarter hour 39.00

25 
Ordering and obtaining extract 58.50

26 
Final procedure 

(a) If case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial, to include all work to close of cause so far as not otherwise provided for 312.00

(b) In any other case 97.50
PART VA

1 
Precognitions/Expert Reports/Factual Reports £

 Taking and drawing precognitions, per sheet 78.00

 Note: 

 Where a skilled person prepares his or her own precognition or report, the solicitor shall be allowed, for perusing it (whether or not in the course of doing so he or she revises or adjusts it), half of the taking and drawing fee per sheet. 

2 
Pre-litigation fee 

 All work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to the commencement of proceedings particularly to include communications between parties in relation to areas of medical/quantum/discussion re settlement (or such other sum as in the opinion of the Auditor is justified) 702.00

3 
Lodging productions 

(a) For lodging productions, each inventory 78.00

(b) For considering opponent’s productions, each inventory 39.00

4 
Instruction 

(a) To cover all work (except as otherwise specially provided for in this Part) from commencement to lodging of defences 702.00

(b) Specification of documents per Form 43.2-B 117.00

(c) Fee to opponent for considering specification of documents 78.00

(d) In the event of the summons being drafted without the assistance of counsel or other person having a right of audience such further fee will be allowed as the Auditor considers appropriate, up to 234.00

(e) Instructing re-service where necessary 78.00

(f) If counterclaim lodged, additional fee for each party to include Answers 234.00

(g) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission 156.00

(h) Fee to opponent where commission arranged 78.00

(i) Attendance at execution of commission, per quarter hour 39.00

(j) If alternative procedure adopted, a fee per person on whom order served 58.50

(k) Fee for perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour 39.00

5 
Record 

(a) All work in connection with adjustment and closing of record 780.00

(b) All work as above, so far as applicable, where cause settled or disposed of before record closed 468.00

(c) If consultation held before record closed, additional fees may be allowed as follows— 

(i) arranging consultation 78.00

(ii) attendance at consultation, per quarter hour 39.00

(d) Additional fee to subparagraph (a) or (b), to include necessary amendments, to be allowed to every existing party for each pursuer, defender or third party brought in before the record is closed 234.00

(e) Additional fee to every existing party if an additional pursuer, defender or third party is brought in after the record is closed 351.00

(f) Fee allowable to a new pursuer who requires to be brought in as a result of the death of an existing pursuer 234.00

6 
Notes of arguments 

(a) Instructing, perusing and lodging first Note of Arguments, where ordained by the Court (either party) 156.00

(b) Perusing opponent’s Note of Arguments 78.00

(c) Instructing, perusing and lodging any further Note of Arguments, where ordained by the Court (either party) 78.00

7 
Valuation of claim 

(a) Fee to cover note on quantum/valuation of claim 468.00

(b) Opponent’s fee for inspection of valuation of claim 234.00

(c) Inspection of documents, per quarter hour 39.00

8 
Adjustment of issues and counter-issues 

(a) All work in connection with and incidental to the lodging of an issue, and adjustment and approval of it 156.00

(b) If one counter-issue, additional fee to pursuer 39.00

9 
By Order Roll/variation of timetable order/adjustment on final decree/interim payment of damages 

(a) Fee to cover preparing and instruction of counsel or other person having a right of audience to include attendance not exceeding half an hour 117.00

(b) Thereafter attendance fee, per additional quarter hour 39.00

(c) In the event of a separate Advising/Opinion and all work incidental thereto 117.00

10 
Reports obtained under order of court excluding Auditor’s Report 

(a) All work incidental to it 156.00

(b) Additional fee for perusal of report, per quarter hour (or such other sum as in the opinion of the Auditor is justified) 35.00

11 
Incidental procedure (not chargeable prior to the approval of issue or allowance of proof) 

 Fixing diet, obtaining note on the line of evidence etc., borrowing and returning process, and all other work prior to the consultation on the sufficiency of evidence 351.00

12 
Specification of documents (if further specification considered necessary) 

(a) Instructing counsel or other person having a right of audience, revising and lodging and all incidental procedure to obtain a diligence up to and including obtaining interlocutor 156.00

(b) Fee to opponent 78.00

(c) Arranging commission to recover documents, citing havers, instructing commissioner and shorthand writer and preparation for commission 156.00

(d) Fee to opponent 78.00

(e) Attendance at execution of commission, per quarter hour 39.00

(f) If alternative procedure adopted, a fee per person on whom order served 58.50

(g) Fee for perusal of documents recovered under a specification of documents (or by informal means) where not otherwise provided for in the Table of Fees, per quarter hour 39.00

13 
Commission to take evidence on interrogatories 

(a) Applying for commission to cover all work up to and including lodging report of commission with completed interrogatories and cross-interrogatories 312.00

(b) Fee to opponent if cross-interrogatories lodged 234.00

(c) Fee to opponent if no cross-interrogatories lodged 97.50

(d) In addition to above, fee per sheet to each party for completed interrogatories or cross-interrogatories, including all copies 19.50

14 
Commission to take evidence on open commission 

(a) Applying for commission up to and including lodging report of commission, but excluding subparagraph (c) 351.00

(b) Fee to opponent 156.00

(c) Fee for attendance at execution of commission, per quarter hour 39.00

15 
Miscellaneous motions and minutes where not otherwise covered by this Part 

(a) Where attendance of counsel or other person having a right of audience and/or solicitor not required 39.00

(b) Where attendance of counsel or other person having a right of audience and/or solicitor required inclusive of instruction of counsel or other person having a right of audience, not exceeding half an hour 117.00

(c) Thereafter attendance fee, per quarter hour 39.00

(d) Instructing counsel or other person having a right of audience for a minute/note on further procedure (if applicable), revising and lodging as a separate step in process including any necessary action 117.00

(e) Perusing a minute of admission or abandonment, a note ordered by the court, or a notice of grounds 39.00

16 
Amendment of record 

(a) Amendment of conclusions only, fee to proposer 117.00

(b) Amendment of conclusions only, fee to opponent 39.00

(c) Amendment of pleadings after record closed, where no answers to the amendment are lodged, fee to proposer 156.00

(d) In same circumstances, fee to opponent 78.00

(e) Amendment of pleadings after record closed, where answers are lodged, fee for proposer and each party lodging answers 390.00

(f) Additional fee for adjustment of minute and answers, where applicable, to be allowed to each party 234.00

17 
Copying 

(a) Where a copy is required to be lodged, or sent, in pursuance of rules 4.7 or 43.6(4), such charge as the Auditor may from time to time determine (and the Auditor may make different provision for different classes of case); and 

(b) In any other case, if the Auditor determines (either or both) that— 

(i) the copying had to be done in circumstances which were in some way exceptional; 

(ii) the papers which required to be copied were unusually numerous having regard to the nature of the cause, 

 such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person in copying shall not be allowed). 

 Notes: 

 1. Where a determination is required under subparagraph (b), the purpose of copying, the number of copies made and the charge claimed shall be shown in the account. 

 2. Copying done other than in the place of business of the solicitor shall be shown as an outlay. 

18 
Preparation for proof or jury trial 

 To include fixing consultation on the sufficiency of evidence, fee-funding precept, citing witnesses, all work checking and writing up process and preparing for proof or jury trial— 

(a) if action settled before proof or jury trial, or lasts only one day, to include where applicable, instruction of counsel or other person having a right of audience 1,014.00

(b) for each day or part of day after the first, including instruction of counsel or other person having a right of audience 97.50

(c) preparing for adjourned diets and all work incidental to it as in subparagraph (a), if adjourned for more than five days 234.00

(d) if consultation held before proof or jury trial, attendance at it, per quarter hour 39.00

19 
Pre-trial meeting 

(a) Fee arranging pre-trial meeting (each occasion) 78.00

(b) Fee preparing for pre-trial meeting 429.00

(c) Fee for preparing for continued pre-trial meeting (each occasion) 156.00

(d) Fee attending pre-trial meeting, per quarter hour 39.00

(e) Joint Minute of pre-trial meeting 39.00

20 
Hearing limitation fee 

 For any work undertaken to limit matters in dispute not otherwise provided for — subject to details being provided 312.00

21 
Settlement 

(a) Judicial tender— 

(i) lodging or considering first tender 234.00

(ii) lodging or considering each further tender 156.00

(iii) if tender accepted, an additional fee to each accepting party 156.00

(b) Extrajudicial settlement — advising on, negotiating and agreeing extrajudicial settlement (not based on judicial tender) to include preparation and lodging of joint minute 390.00

(c) The Auditor may allow a fee in respect of work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement 624.00

(d) If consultation held to consider tender, extrajudicial settlement (not based on judicial tender) or with a view to settlement (whether or not settlement is in fact agreed), attendance at it, per quarter hour 39.00

22 
Proof or jury trial 

 Attendance fee, per quarter hour 39.00

23 
Accounts 

(a) Preparation of judicial account, to include production of vouchers and adjustment of expenses 312.00

(b) Perusal of points of objections, per quarter hour 39.00

(c) Attendance at taxation, per quarter hour 39.00

24 
Ordering and obtaining extract 58.50

25 
Final procedure 

(a) If case goes to proof or jury trial, or is settled within 14 days before the diet of proof or jury trial, to include all work to close of cause so far as not otherwise provided for 312.00

(b) In any other case 97.50
PART VI

1 
Reclaiming motions £

(a) Fee for reclaimer for all work (except as otherwise provided for in this Part) up to interlocutor sending cause to roll 234.00

(b) Fee for respondent 117.00

(c) Additional fee for each party for preparing or revising every 50 pages of Appendix 97.50

2 
Appeals from inferior courts 

(a) Fee for appellant 273.00

(b) Fee for respondent 136.50

(c) Additional fee for each party for preparing or revising every 50 pages of Appendix 97.50

3 
Special cases, Inner House petitions and appeals other than under paragraph 2 of this Part 

 According to circumstances of the case. 

4 
Note of objection 

(a) Instructing, perusing and lodging note of objection 156.00

(b) Perusing opponent’s note of objection 78.00

(c) Where attendance of counsel or other person having a right of audience and/or solicitor required inclusive of instruction of counsel or other person having a right of audience, not exceeding half an hour 117.00

(d) Thereafter attendance fee, per additional quarter hour 39.00

5 
Grounds of appeal or cross appeal 

(a) Instructing, perusing and lodging grounds of appeal or cross appeal 156.00

(b) Perusing opponent’s note of appeal or cross appeal 78.00

6 
Incidental procedure 

 All work in connection with noting remittance of cause to Summar Roll and fixing of Summar Roll hearing 156.00

7 
Summar Roll 

(a) Preparing for hearing and instructing counsel or other person having a right of audience including instructing and lodging lists of authorities and notes of arguments 234.00

(b) Attendance fee, per quarter hour 39.00

8 
Obtaining a bond of caution 97.50

9 
Other matters 

 Where applicable, charges under Part V of this Chapter of this Table 
PART VII
Charges under this Part shall be based on this Table according to the circumstances.

PART VIII
1 
The Auditor shall allow to a solicitor who exercises a right of audience by virtue of section 25A of the Solicitors (Scotland) Act 1980 such fee for each item of work done by the solicitor in the exerise of such right as he would allow to counsel for an equivalent item of work.
2 
Where a solicitor exercises a right of audience by virtue of section 25A of the Solicitors (Scotland) Act 1980, and is assisted by another solicitor or a clerk, the Auditor may also allow attendance fees in accordance with Parts IV and V of this Chapter of this Table.
PART IX
The Auditor shall have power to apportion the foregoing fees in this chapter between parties' solicitors in appropriate circumstances or to modify them in the case of a solicitor acting for more than one party in the same cause or in the case of the same solicitor acting in more than one cause arising out of the same circumstances or in the event of a cause being settled or disposed of at a stage when the work covered by an inclusive fee has not been completed.

CHAPTER IV

1 
Attendance by shorthand writer at  proof, jury trial or commission, per hour, with a minimum fee of £166.80  per day   £41.75

2 

(a) Except where these are transcribed daily, per sheet  £6.80

(b) Where these are transcribed daily, per sheet  £8.35

(c) Where notes of evidence have been directed to be supplied for the use of the court, copies may be made available to parties, payable to the shorthand writer or transcriber  by the solicitor for the parties obtaining the copies, per sheet  £0.57 
Notes
(1) ...
(2) ...
PART III
42.17 

(1) Where–
(a) any work is undertaken by a solicitor in the conduct of a cause for a client,
(b) the solicitor and client agree that the solicitor shall be entitled to a fee for the work only if the client is successful in the cause, and
(c) the agreement is that the fee of the solicitor for all work in connection with the cause is to be based on an account prepared as between party and party,
the solicitor and client may agree that the fees element in that account shall be increased by a figure not exceeding 100 per cent.
(2) The client of the solicitor shall be deemed to be successful in the cause where–
(a) the cause has been concluded by a decree which, on the merits, is to any extent in his favour;
(b) the client has accepted a sum of money in settlement of the cause; or
(c) the client has entered into a settlement of any other kind by which his claim in the cause has been resolved to any extent in his favour.
(3) In paragraph (1), “the fees element” means all the fees in the account of expenses of the solicitor–
(a) for which any other party in the cause other than the client of the solicitor has been found liable as taxed or agreed between party and party;
(b) before the deduction of any award of expenses against the client; and
(c) excluding the sums payable to the solicitor in respect of–
(i) any fees payable for copying documents and the proportion of any session fee in the Table of Fees and posts and incidental expenses under rule 42.11;
(ii) any additional fee allowed under rule 42.14 to cover the responsibility undertaken by the solicitor in the conduct of the cause; and
(iii) any charges by the solicitor for his outlays.
CHAPTER 42A
42A.1. 

(1) Subject to paragraph (3), this Chapter applies to actions—
(a) proceeding as ordinary actions by virtue of rule 43.1A (actions based on clinical negligence) or rule 43.5 (motions to dispense with timetable);
(b) appointed to the procedure in this Chapter under paragraph (2).
(2) The Lord Ordinary may, after considering the likely complexity of an action and being satisfied that the speedy and efficient determination of the action would be served by doing so, appoint an action to which Chapter 43 applies (including actions relating to catastrophic injuries) to the procedure in this Chapter.
(3) Any party to an action may apply by motion to have the action withdrawn from the procedure in this Chapter.
(4) No motion under paragraph (3) shall be granted unless the court is satisfied that there are exceptional reasons for not following the procedure in this Chapter.
(5) In this Chapter—
 “personal injuries” and “personal injuries action” have the meanings assigned to them in Rule 43.1(2);
 “proof” includes jury trial.
(6) Rule 22.3 (closing record) does not apply to an action to which this Chapter relates.
42A.2. 
The court shall, no later than 7 days after the date on which the record is closed, appoint the action to the By Order (Adjustment) Roll.
42A.3. 

(1) The pursuer shall, no later than 7 days before the hearing on the By Order (Adjustment) Roll—
(a) send a copy of the closed record to the defender and to every other party; and
(b) lodge three copies of the closed record in process.
(2) A closed record shall consist of the pleadings of the parties and the interlocutors pronounced in the action.
(3) At the same time as lodging the record each party shall lodge in process and send to every other party a written statement of his proposals for further procedure which shall state—
(a) whether he is seeking to have the action appointed to debate or to have the action sent to proof;
(b) where it is sought to have the action appointed to debate—
(i) the legal argument on which any preliminary plea should be sustained or repelled; and
(ii) the principal authorities (including statutory provisions) on which the argument is founded upon;
(c) where it is sought to have the action appointed to proof—
(i) the issues for proof;
(ii) the names of the witnesses who are intended to be called to give evidence, including the matters to which each witness is expected to speak and the time estimated for each witness;
(iii) the progress made in preparing and exchanging the reports of any skilled persons;
(iv) the progress made in obtaining and exchanging records, in particular, medical records;
(v) the progress made in taking and exchanging witness statements;
(vi) the time estimated for proof and how that estimate was arrived at;
(vii) any other progress that has been made, is to be made, or could be made in advance of the proof;
(viii) whether an application has been or is to be made under rule 37.1 (applications for jury trial).
42A.4. 

(1) Subject to paragraphs (2) and (5), at the hearing on the By Order (Adjustment) Roll the Lord Ordinary shall, after considering the written statements lodged by the parties under rule 42A.3(3) and hearing from the parties, determine whether the action should be appointed to debate or sent to proof on the whole or any part of the action.
(2) Before determining whether the action should be appointed to debate the Lord Ordinary shall hear from the parties with a view to ascertaining whether agreement can be reached on the points of law in contention.
(3) Where the action is appointed to debate, the Lord Ordinary may order that written arguments on any question of law should be submitted.
(4) Where the action is sent to proof the Lord Ordinary shall—
(a) fix a date for the hearing of the proof;
(b) fix a pre-proof timetable in accordance with rule 42A.5.
(5) The Lord Ordinary may, before appointing the action to debate or sending it to proof, fix a further hearing on the By Order (Adjustment) Roll.
(6) Where the Lord Ordinary fixes a hearing under paragraph (5) he may make such orders as he thinks necessary to secure the speedy and efficient determination of the action, in particular, to resolve any matters arising or outstanding from the written statements lodged by the parties under rule 42A.3.
42A.5. 

(1) Subject to paragraph (4) the pre-proof timetable mentioned in rule 42A.4(4)(b) shall contain provision for the following—
(a) no later than 6 months before the proof—
(i) a date for a procedural hearing;
(ii) the last date for the lodging of a draft valuation and vouchings by the pursuer;
(b) no later than 5 months before the proof, the last date for the lodging of a draft valuation and vouchings by the defender;
(c) no later than 4 months before the proof, the last date for the lodging of witness lists and productions, including a paginated joint bundle of medical records, by the parties;
(d) no later than 3 months before the proof, the last date for the pre-trial meeting;
(e) no later than 2 months before the proof, a date for a further procedural hearing.
(2) For the purposes of this rule, a pre-trial meeting is a meeting between the parties to—
(a) discuss settlement of the action; and
(b) agree, so far as is possible, the matters which are not in dispute between them.
(3) Prior to the procedural hearing mentioned in subparagraph (1)(e)—
(a) the pursuer shall lodge in process a joint minute of the pre-trial meeting in Form 43.10;
(b) the parties shall lodge in process any other joint minutes.
(4) At any time the Lord Ordinary may, at his own instance or on the motion of a party—
(a) fix a procedural hearing;
(b) vary the pre-proof timetable,
where he considers that the speedy and efficient determination of the action would be served by doing so.
CHAPTER 43
43.1 

(1) Subject paragraph (4) and  to rule 43.1A (actions based on clinical negligence), this Chapter applies to a personal injuries action.
(2) In this Chapter–
 “connected person” means a person, not being a party to the action, who has title to sue the defender in respect of the personal injuries from which a deceased died or in respect of his death;
 “personal injuries” includes any disease or impairment, whether physical or mental;
 “personal injuries action” means an action of damages for, or arising from, personal injuries or death of a person from personal injuries; and
 “relative” has the meaning assigned to it by section 14(1) of the Damages (Scotland) Act 2011.
(3) The following rules shall not apply to an action to which this Chapter applies–
 rule 4.9(2) (prorogation of time for lodging document),
 rule 6.2 (fixing and allocation of diets in Outer House),
 rule 13.2 (form of summonses),
 rule 13.6A(1)(a) (arrestment to found jurisdiction),
 rule 13.7 (service and intimation of summonses),
 rule 13.13(6) (falling of instance),
 rule 18.1(1)(b) (defences to include pleas-in-law),
 rule 22.1 (making up open record),
 rule 22.2 (adjustment),
 rule 22.3 (closing record),
 rule 26.5(2)(c) (answers by third party to include pleas-in-law),
 rule 36.3 (lodging productions).
(4) This Chapter does not apply to any claim for loss of life or personal injury which falls to be dealt with as an Admiralty action within the meaning of rule 46.1 (interpretation of Chapter 46).
43.1A 

(1) At the same time as a summons which includes a draft interlocutor in Form 43.1A is presented for signeting, a pursuer may apply by motion for authority to raise a personal injuries action which is based on alleged clinical negligence as an ordinary action.
(2) On the making of a motion under paragraph (1), the summons shall be placed before a Lord Ordinary in chambers and in the absence of the parties.
(3) On consideration of the summons in accordance with paragraph (2), the Lord Ordinary may–
(a) if he considers that there are exceptional reasons for not following the procedure in the other rules in this Chapter such as would justify the granting of a motion under rule 43.5(1) (application to have action withdrawn from personal injuries procedure), grant authority for the cause to proceed as an ordinary action by signing the draft interlocutor in the summons; or
(b) fix a hearing.
(4) The Keeper of the Rolls shall notify the parties of the date and time of any hearing under paragraph (3)(b).
(5) At a hearing under paragraph (3)(b), the Lord Ordinary may refuse the application or, if he considers that there are exceptional reasons for not following the procedure in this Chapter such as would justify the granting of a motion under rule 43.5(1) (application to have action withdrawn from personal injuries procedure), grant authority for the cause to proceed as an ordinary action by signing the draft interlocutor in the summons.
(6) Rules 43.11 (applications for interim payments of damages), 43.12 (adjustment on final decree) and 43.13 (applications for further damages) shall apply, but the  other rules of this Chapter shall not apply to a cause commenced by a summons in respect of which a Lord Ordinary has granted an application under paragraph (1).
(7) In this rule–
 “clinical negligence” means a breach of a duty of care by a health care professional in connection with that person’s diagnosis or the care or treatment of any person, by act or omission, whilst the health care professional was acting in his professional capacity; and
 “health care professional” includes doctors, dentists, nurses, midwives, health visitors, pharmacy practitioners, registered ophthalmic practitioners, registered dispensing opticians, members of Professions Allied to Medicine, members of the Allied Health Professions, ambulance personnel, laboratory staff and relevant technicians.
43.2 

(1) The summons shall be in Form 43.2-A and there shall be annexed to it a brief statement containing–
(a) averments in numbered paragraphs relating only to those facts necessary to establish the claim; and
(b) the names of every medical practitioner from whom, and every hospital or other institution in which, the pursuer or, in an action in respect of the death of a person, the deceased received treatment for the personal injuries.
(2) An application for an order under section 12(2)(a) of the Administration of Justice Act 1982 (provisional damages for personal injuries) shall be made by including in the summons a conclusion for provisional damages; and, where such an application is made, averments as to the matters referred to in paragraphs (a) and (b) of section 12(1) of that Act shall be included in the statement made under paragraph (1)(a).
(3) In paragraph (2) above “provisional damages” means the damages referred to in section 12(4)(a) of the Administration of Justice Act 1982.
(4) A summons may include–
(a) warrants for intimation in so far as permitted under these Rules; and
(b) a specification of documents in Form 43.2-B.
(5) In relation to an action to which this Chapter applies, any references to the condescendence of a summons and to articles of the condescendence shall be construed as a reference to the statement required under paragraph (1) above and numbered paragraphs of that statement.
43.3 

(1) Where a summons in an action to which this Chapter applies is to be executed, a copy of the summons which has passed the signet shall be–
(a) served on the defender with a citation in Form 43.3 attached to it; and
(b) intimated to any person named in a warrant for intimation.
(2) Where a summons has not called within three months and a day after the date of signeting, the instance shall fall.
(3) Where a summons cannot be served within the period of notice determined in accordance with rule 13.4 and called before the expiry of the period mentioned in paragraph (2), the Court may–
(i) on the application of the pursuer by motion; and
(ii) on cause shown,extend that period.
(4) An application under paragraph (3) shall be made before the expiry of the period mentioned in paragraph (2).
43.4 

(1) This rule applies where the summons contains a specification of documents by virtue of rule 43.2(4)(b).
(2) Upon signet an order granting commission and diligence for the production and recovery of the documents mentioned in the specification shall be granted and the Deputy Principal Clerk of Session shall certify Form 43.2-B to that effect.
(3) An order under paragraph (2) shall be treated for all purposes as an interlocutor of the court granting commission and diligence signed by the Lord Ordinary.
(4) The pursuer may serve an order under paragraph (2) and the provisions of  rule  35.3 or 35.3A  shall thereafter apply, subject to any necessary modifications, as if the order were an order obtained on an application made under rule 35.2(1)(a).
(5) Nothing in this rule shall affect the right of a party to apply under rule 35.2 for a commission and diligence for recovery of documents or for an order under section 1 of the Administration of Justice (Scotland) Act 1972 in respect of any document or other property not mentioned in the specification annexed to the summons.
43.5 

(1) Any party to an action may, within 28 days of the lodging of defences, by motion apply to have the action withdrawn from the procedure in this Chapter and to be appointed to proceed as an ordinary action.
(2) No motion under paragraph (1) shall be granted unless the court is satisfied that there are exceptional reasons for not following the procedure in this Chapter.
(3) In determining whether there are exceptional reasons justifying the granting of a motion made under paragraph (1), the Lord Ordinary shall have regard to–
(a) the likely need for detailed pleadings;
(b) the length of time required for preparation of the action; and
(c) any other relevant circumstances.
(4) Where the court appoints the cause to proceed as an ordinary action under paragraph (1)–
(a) the pursuer shall, within seven days, lodge an open record in terms of rule 22.1; and
(aa) on the application of a party by motion, the court may, if satisfied that it is appropriate–
(i) ordain a party to lodge a medical report which would have been lodged under Chapter 43 had the action not been withdrawn from that procedure;
(ii) ordain a party to lodge a statement of valuation of claim which would otherwise have been lodged under rule 43.9;
(iii) ordain the parties to hold a pre-trial meeting which would otherwise have been held under rule 43.10, and to lodge a minute of such meeting within such period as the court deems appropriate;
(b) rules 43.11, 43.12 and 43.13 shall apply to the action.
43.6 

(1) The Keeper of the Rolls shall, on the lodging of defences or, where there is more than one defender the first lodging of defences–
(a) allocate a diet for proof of the action;
(b) issue a timetable stating the date mentioned in sub-paragraph (a) and calculated by reference to periods specified from time to time by the Lord President, in accordance with which–
(i) an application for a third party notice under rule 26.1 may be made;
(ii) the pursuer may  serve  a commission for recovery of documents under rule 43.4;
(iii) parties may adjust their pleadings;
(iv) the pursuer shall lodge a statement of valuation of claim in process;
(v) the pursuer shall lodge a record;
(vi) the defender (and any third party to the action) shall lodge a statement of valuation of claim in process;
(vii) the parties shall each lodge in process a list of witnesses together with any productions upon which they wish to rely; and
(viii) the pursuer shall lodge in process the minute of the pre-trial meeting.
(2) A timetable issued under paragraph (1) shall be in Form 43.6 and shall be treated for all purposes as an interlocutor of the court signed by the Lord Ordinary; and so far as the timetable order is inconsistent with any provision in these rules which relates to a matter to which the timetable relates, the timetable shall prevail.
(3) Where a party fails to comply with any requirement of a timetable ... the Keeper of the Rolls may put the cause out to be heard on the By Order roll.
(4) The pursuer shall lodge two copies of the record, which shall consist of the pleadings of the parties, in process by the date specified in the timetable and shall at the same time send one copy to the defender and any other parties.
(5) The pursuer shall, on lodging the copies of the record as required by paragraph (4), enrol a motion craving the court–
(a) to allow to parties a preliminary proof on specified matters;
(b) to allow a proof;
(c) to allow issues for jury trial; or
(d) to make some other specified order.
(5A) The pursuer shall include in the enrolled motion under paragraph (5) his estimate of the likely duration of the preliminary proof, proof or jury trial, or any other hearing sought, and request that the diet be allocated accordingly.
(5B) If any party considers that the estimate included under paragraph (5A) is too low, he shall record upon the enrolled motion his own estimate.
(5C) Any estimate included or recorded by a party under paragraph (5A) or (5B) shall be certified in Form 43.6A by that party’s solicitor or by any counsel or other person having a right of audience instructed by that party to represent him at the preliminary proof, proof, jury trial or other hearing, as the case may be.
(5D) A certificate under paragraph (5C) shall be lodged–
(a) where it relates to an estimate included under paragraph (5A) at the time of enrolling the motion under paragraph (5);
(b) where it relates to an estimate recorded under paragraph (5B) at the time of recording that estimate.
(6) In the event that any party proposes to ask the court to make any order other than one of those specified in sub-paragraphs (b) or (c) of paragraph (5), that party shall, on enrolling or opposing (as the case may be) the pursuer’s motion, specify the order to be sought and give full notice in the motion or notice of opposition, of the grounds thereof.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) A production which is not lodged in accordance with paragraph (1)(b)(vii) shall not be used or put in evidence at a proof unless–
(a) by consent of parties; or
(b) with the leave of the court on cause shown and on such conditions, if any, as to expenses or otherwise as the court thinks fit.
(9) In a cause which is one of more than one cause arising out of the same cause of action, the court may–
(a) on the motion of a party to that cause; and
(b) after hearing parties to all those causes,
appoint that cause or any other of those causes to be the leading cause and to sist the other causes pending the determination of the leading cause.
(10) In this rule, “pursuer ” includes additional pursuer, noter or minuter, as the case may be.
43.7 
•
(1) Where the Keeper of the Rolls puts a case out to be heard on the By Order roll under paragraphs (3) or (7) of rule 43.6 or paragraph (3) of rule 43.10 he shall–
(a) put the cause out to be heard not less than seven days after the date of the notice referred to in sub-paragraph (b) on the By Order roll; and
(b) give notice to the parties to the action–
(i) of the date of the hearing of the cause on the By Order roll; and
(ii) requiring the party in default to lodge in process a written explanation as to why the timetable has not been complied with and to intimate a copy to all other parties, not less than two clear working days before the date of the hearing.
(2) At a hearing on the By Order roll under any of the provisions mentioned in the foregoing paragraph, the Lord Ordinary–
(a) shall consider any explanation provided by the party in default;
(b) may award expenses against that party; and
(c) may make any other appropriate order, including decree of dismissal.
(3) Expenses awarded under paragraph (2)(b) shall not exceed the expenses of the process before the date of the hearing on the By Order roll.
43.8 

(1) The action may be sisted or the timetable issued under rule 43.6 may be varied by the court on an application by any party to the action by motion.
(2) An application under paragraph (1)–
(a) shall be placed before the Lord Ordinary; and
(b) shall be granted only on ... cause shown.
(3) Any sist of an action shall be for a specific period.
(4) Where a timetable issued under rule 43.6 is varied under this rule, the Keeper of the Rolls shall issue a revised timetable in Form 43.6.
(5) A revised timetable issued under paragraph (4) shall have effect as if it were a timetable issued under rule 43.6 and any reference in this Chapter to any action being taken in accordance with the timetable shall be construed as a reference to its being taken in accordance with the timetable as varied under this rule.
43.9 

(1) Each party to an action shall make a statement of valuation of claim in Form 43.9.
(2) A statement of valuation of claim (which shall include a list of supporting documents) shall be lodged in process.
(3) Each party shall, on lodging a statement of valuation of claim–
(a) intimate the list of documents included in the statement of valuation of claim to every other party; and
(b) lodge each of those documents.
(6) Nothing in  paragraph (3)  shall affect–
(a) the law relating to, or the right of a party to object to the  recovery  of a document on the ground of, privilege or confidentiality; or
(b) the right of a party to apply under rule 35.2 for a commission and diligence for recovery of documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972.
(7) Without prejudice to paragraph (2) of rule 43.7 (hearings on the By Order roll), where a party has failed to lodge a statement of valuation of claim in accordance with a timetable issued under paragraph (2) of rule 43.6 (allocation of diets and timetables) the court may at a hearing of the cause on the By Order roll under paragraph (3) of that rule–
(a) where the party in default is the pursuer, dismiss the action; or
(b) where the party in default is the defender, grant decree against the defender for an amount not exceeding the amount of the pursuer’s valuation.
43.10 

(1) For the purposes of this rule, a pre-trial meeting is a meeting between the parties, which shall be held not later than four weeks before the date assigned for the proof or trial to discuss–
(a) settlement of the action; and
(b) to agree, so far as is possible, the matters which are not in dispute between them.
(2) A joint minute of a pre-trial meeting, made in Form 43.10, shall be lodged in process by the pursuer not less than three weeks before the date assigned for the proof or trial.
(3) Where a joint minute in Form 43.10 has not been lodged in accordance with paragraph (2) and by the date specified in the timetable order the Keeper of the Rolls shall put the case out to be heard on the By Order roll.
(4) During the pre-trial meeting, the representative of each party to the action shall have access to the party or another person who has authority to commit the party in the settlement of the action.
43.11 

(1) A pursuer may, at any time after defences have been lodged, apply by motion for an order for interim payment of damages to him by the defender or, where there are two or more of them, by any one or more of them.
(2) The pursuer shall give written intimation of a motion under paragraph (1) to every other party not less than 14 days before the date on which the motion is enrolled.
(3) On a motion under paragraph (1), the court may ordain–
(a) any defender who has admitted liability to the pursuer in the action; or
(b) where the court is satisfied that, if the action proceeded to proof, the pursuer would succeed on the question of liability without any substantial finding of contributory negligence on his part, or on the part of any person in respect of whose injury or death the claim of the pursuer arises, and would obtain decree for damages, any defender who has not admitted liability to the pursuer in the action,
to make an interim payment to the pursuer of such amount as it thinks fit, not exceeding a reasonable proportion of the damages which, in the opinion of the court, are likely to be recovered by the pursuer.
(4) Any such payment may be ordered to be made in one lump sum or otherwise as the court thinks fit.
(5) No order shall be made against a defender under this rule unless it appears to the court that the defender is–
(a) a person who is insured in respect of the claim of the pursuer;
(aa) a person who is not insured but in respect of whose liability the Motor Insurers' Bureau will be liable to make payment;
(b) a public authority; or
(c) a person whose means and resources are such as to enable him to make the interim payment.
(6) Notwithstanding the grant or refusal of a motion for an interim payment, a subsequent motion may be made where there has been a change of circumstances.
(7) Subject to Part IV (management of money payable to children), any interim payment shall be made to the pursuer unless the court otherwise directs.
(8) This rule shall, with the necessary modifications, apply to a counterclaim for damages for personal injuries made by a defender.
(9) In this rule “defender” includes a third party against whom the pursuer has a conclusion for damages.
(10) For the purposes of this rule, the reference in paragraph (5)(a) to a person who is insured in respect of the claim of a pursuer includes a reference to a person in respect of whose liability an insurer under section 151 of the Road Traffic Act 1988 will be liable to make payment.
43.12 
Where a defender has made an interim payment order under rule 43.11(3), the court may make such order, when final decree is pronounced, with respect to the interim payment as it thinks fit to give effect to the final liability of that defender to the pursuer; and in particular may order–
(a) repayment by the pursuer of any sum by which the interim payment exceeds the amount which that defender is liable to pay the pursuer; or
(b) payment by any other defender or a third party of any part of the interim payment which the defender who made it is entitled to recover from him by way of contribution or indemnity or in respect of any remedy or relief relating to, or connected with, the claim of the pursuer.
43.13 

(1) An application for further damages by a pursuer in respect of whom an order under section 12(2)(b) of the Administration of Justice Act 1982 has been made shall be made by minute and shall include–
(a) a conclusion in Form 43.13-A; and
(b) averments in the statement of facts supporting that conclusion.
(2) On lodging such a minute in process, the pursuer shall apply by motion for warrant to serve the minute on–
(a) every other party; and
(b) where such other party is insured or otherwise indemnified, his insurer or indemnifier, if known to the pursuer.
(3) A notice of intimation in Form 43.13-B shall be attached to the copy of the minute served on a warrant granted on a motion under paragraph (2).
(4) Any such party, insurer or indemnifier may lodge answers to such a minute in process within 28 days after the date of service on him.
43.14 

(1) This rule applies in an action of damages in which, following the death of any person from personal injuries, damages are claimed—
(a) in respect of the injuries from which the deceased died; or
(b) in respect of the death of the deceased.
(2) The pursuer ... shall aver in the condescendence, as the case may be–
(a) that there are no connected persons;
(b) that there are connected persons, being persons specified in the warrant for intimation; or
(c) that there are connected persons in respect of whom intimation should be dispensed with on the ground that–
(i) the names or whereabouts of such persons are not known to, and cannot reasonably be ascertained by, the pursuer; or
(ii) such persons are unlikely to be awarded more than the sum of £200 each.
43.15 

(1) Where the pursuer makes averments under rule 43.14(2)(b) (existence of connected persons), he shall insert a warrant for intimation in the summons in the following terms:–“
 Warrant to intimate to (name and address) as a person who is believed to have title to sue the defender in an action in respect of the personal injuries from which the late (name and last place of residence) died [or the death of the late (name and last place of residence)]”.
(2) A notice of intimation in Form 43.15 shall be attached to the copy of the summons where intimation is given on a warrant under paragraph (1).
43.16 

(1) Where the pursuer makes averments under rule 43.14(2)(c) (dispensing with intimation to connected persons), he shall apply by motion for an order to dispense with intimation.
(2) In determining a motion under paragraph (1), the court shall have regard to–
(a) the desirability of avoiding multiplicity of actions; and
(b) the expense, inconvenience or difficulty likely to be involved in taking steps to ascertain the name or whereabouts of the connected person.
(3) Where the court is not satisfied that intimation to a connected person should be dispensed with, it may–
(a) order intimation to a connected person whose name and whereabouts are known;
(b) order the pursuer to take such further steps as it may specify in the interlocutor to ascertain the name or whereabouts of any connected person; and
(c) order that such advertisement be made in such manner, in such place and at such times as it may specify in the interlocutor.
43.17 
Where the name or whereabouts of a person, in respect of whom the court has dispensed with intimation on a ground specified in rule 43.14(2)(c) (dispensing with intimation to connected persons), subsequently becomes known to the pursuer while the action is depending before the court, the pursuer shall apply by motion under rule 13.8(1) (warrants after signeting) for a warrant for intimation to such a person; and such intimation shall be made in accordance with rule 43.15(2).
43.18 

(1) A connected person may apply to the court by minute in the process of the action craving leave to be sisted as an additional pursuer to the action.
(2) Any such minute shall be placed before the Lord Ordinary who may grant the minute and shall make such order as he considers appropriate, having regard to the provisions in this Chapter.
43.19 

(1) Where a connected person to whom intimation is made–
(a) does not apply to be sisted as an additional pursuer to the action;
(b) subsequently brings a separate action against the same defender in respect of the same personal injuries or death; and
(c) would, apart from this rule, be awarded the expenses or part of the expenses of that action,
he shall not be awarded those expenses except on cause shown.
43.20 

(1) This rule applies where liability to a relative of the pursuer may arise under  section 5 of the Damages (Scotland) Act 2011 (discharge of liability to pay damages: exception for mesothelioma).
(2) On settlement of the pursuer’s claim, the pursuer may apply by motion for any or all of the following:–
(a) a sist for a specified period;
(b) discharge of the proof;
(c) variation of the timetable issued under rule 43.6.
(3) Paragraphs (4) to (7) apply where a motion under paragraph (2) has been granted.
(4) As soon as reasonably practicable after the death of the pursuer, any agent who immediately prior to the death was instructed in a cause by the deceased pursuer shall notify the court of the death.
(5) The notification under paragraph (4) shall be by letter to the Deputy Principal Clerk and shall be accompanied by a certified copy of the death certificate relative to the deceased pursuer.
(6) A relative of the deceased may apply by motion for the recall of the sist and for an order for further procedure.
(7) On the expiration of the period of any sist pronounced on a motion under paragraph (2) the Keeper may put the case out to be heard on the By Order roll.
CHAPTER 43A
43A.1 
–
(1) This Chapter applies to an action of harassment within the meaning of section 8(2) of the 1997 Act.
(2) In this Chapter–
 “the 1997 Act” means the Protection from Harassment Act 1997
 “non-harassment order” means an order granted under section 8(5)(b)(ii) of the 1997 Act.
43A.2 
An application under section 8(7) of the 1997 Act after final decree in an action of harassment for the variation or revocation of a non-harassment order shall be made by minute in the process of the action to which the application relates.
CHAPTER 44
44.1 

(1) This Chapter applies to an action in which a person may apply under section 1(1) of the Debtors (Scotland) Act 1987 for a time to pay direction.
(2) In this Chapter–
 “the Act of 1987” means the Debtors (Scotland) Act 1987;
 “time to pay direction” means a direction made under section 1(1) of the Act of 1987.
44.2 

(1) In an action in which a defender may apply to the court for a time to pay direction, the pursuer shall serve on that defender a notice in Form 44.2–A and an application in Form 44.2–B at the same time as he serves a copy of the summons, or pleadings, as amended by a minute of amendment calling him as a defender.
(2) Before serving a notice and an application under paragraph (1), the pursuer shall insert in Form 44.2–A the date by which Form 44.2–B must be returned to the court by the defender (being the date on which the period of notice expires) and shall complete Part A of Form 44.2–B.
44.3 

(1) Where a defender–
(a) does not enter appearance in an action,
(b) intends to apply to the court for a time to pay direction, and
(c) where appropriate, seeks recall or restriction of an arrestment,
he shall complete and send the application in Form 44.2–B to the Deputy Principal Clerk before the date specified in Form 44.2–A.
(2) On receipt of an application for a time to pay direction, the Deputy Principal Clerk shall–
(a) cause the application to be lodged in the process to which it relates; and
(b) give written intimation to the pursuer that he has received the application.
(3) Where the pursuer does not object to the application by a defender for a time to pay direction or the recall or restriction of an arrestment, he may apply by motion for decree in absence stating that he does not object to the application.
(4) Where the pursuer objects to the application by a defender for a time to pay direction or the recall or restriction of an arrestment, he shall intimate–
(a) the motion for decree in absence, and
(b) the grounds of objection to the application by the defender,
in Form 44.3 to the defender not less than 7 days before the date on which the motion is enrolled.
(5) On enrolling a motion for decree in absence, the pursuer shall lodge in process a copy of Form 44.3 intimated to the defender.
(6) The defender need not appear at the hearing of the motion for decree in absence and may send to the Deputy Principal Clerk written representations in response to the grounds of objection of the pursuer.
(7) A motion for decree in absence to which paragraph (4) applies shall require the appearance of counsel or other person having a right of audience.
44.4 

(1) Where a defender–
(a) after entering appearance does not lodge defences,
(b) intends to apply to the court for a time to pay direction, and
(c) where appropriate, seeks recall or restriction of an arrestment,
then, notwithstanding the date specified in Form 44.2–A as the date by which Form 44.2–B must be returned, he shall complete and send the application in Form 44.2–B to the court not later than the day on which defences would have had to be lodged in process.
(2) Paragraphs (2) to (7) of rule 44.3 (applications for time to pay directions where appearance not entered) shall apply to an application under this rule as they apply to an application under that rule.
44.5 
An application for a time to pay direction by–
(a) a defender in an action in which defences have been lodged by that defender, or
(b) any other party,shall be made by motion.
44.6 

(1) An application under section 3(1) of the Act of 1987 (variation or recall of time to pay direction or recall or restriction of arrestment) shall be made by motion.
(2) The applicant shall–
(a) in a motion under paragraph (1), state briefly the grounds on which the order is sought; and
(b) give written intimation of the motion to the debtor or creditor, as the case may be, not less than 14 days before the date on which the motion is enrolled.
(3) On enrolling a motion under paragraph (1), the applicant shall lodge in process–
(a) a copy of the letter of intimation;
(b) the Post Office receipt or certificate of posting of that letter; and
(c) any document he intends to rely on at the hearing of the motion.
47.7 
Where a creditor seeks to recover interest (other than interest awarded as a specific sum) under a decree containing a time to pay direction, the notice to be served under section 1(7) of the Act of 1987 shall be served on the debtor by the creditor–
(a) in the case of a decree containing a time to pay direction for payment by instalments, not less than 14 days before the date on which the last instalment is due to be paid; and
(b) in the case of a decree which includes a time to pay direction for payment by deferred lump sum, not less than 14 days before the date on which the lump sum is due to be paid.
CHAPTER 45
45.1 

(1) In an action of division and sale of heritable property, the court shall, in accordance with paragraph (2), remit to a reporter to examine the property and to report to the court–
(a) whether the property is capable of division in a manner equitable to the interests of the pro indiviso proprietors and, if so, how such division may be effected; and
(b) in the event that the property is to be sold–
(i) whether the property should be sold as a whole or in lots and, if in lots, what those lots should be;
(ii) whether the property should be exposed for sale by public roup or private bargain;
(iii) whether the sale should be subject to any upset or minimum price and, if so, the amount;
(iv) the manner and extent to which the property should be advertised for sale; and
(v) any other matter which the reporter considers pertinent to a sale of the property.
(2) A remit under paragraph (1) shall be made–
(a) where the action is undefended, on the motion of the pursuer at any time after the period for lodging defences has expired;
(b) where the action is defended–
(i) at the closing of the record, on the motion of any party to the action;
(ii) on the court finding, after a hearing on the Procedure Roll or a proof, that the pursuer is entitled to bring and insist in the action of division and sale; or
(iii) at such other time as the court thinks fit.
(3) On completion of a report made under paragraph (1), the reporter shall send the report, with a copy for each party, to the Deputy Principal Clerk.
(4) On receipt of such a report, the Deputy Principal Clerk shall–
(a) cause the report to be lodged in process; and
(b) give written intimation to each party that this has been done and that he may uplift a copy of the report from the process.
(5) After the lodging of such a report, any party may apply by motion for further procedure or for approval of the report.
(6) At the hearing of a motion under paragraph (5), the court may–
(a) in the event of challenge to any part of the report, order a note of objection to the report and answers to the note to be lodged within such period as the court thinks fit; or
(b) in the absence of such challenge, order that the property be divided or sold, as the case may be, in accordance with the recommendations of the reporter, subject to such modification, if any, as the court thinks fit.
(7) Where, in accordance with paragraph (6)(a), the lodging of a note of objection and answers has been ordered, the cause shall be put out on the By Order Roll before the Lord Ordinary after the expiry of the period for lodging the note of objection and answers; and the court may make such order for further procedure as it thinks fit.
45.2 

(1) Where the court orders the division or sale of heritable property, it shall direct that the division or sale, as the case may be, shall be conducted under the oversight and direction of the Deputy Principal Clerk or any other fit person whom it may appoint for that purpose.
(2) The Deputy Principal Clerk or person appointed under paragraph (1), as the case may be, may report any matter of difficulty arising in the course of the division or sale to the court.
(3) At a hearing on a report made under paragraph (2), the court may give such directions as it thinks fit, including authority to the Deputy Principal Clerk to sign, on behalf of any proprietor, a disposition of his interest in the property.
(4) On the conclusion of a sale of property–
(a) the proceeds of the sale, under deduction of the expenses of the sale, shall be consigned into court; and
(b) The Deputy Principal Clerk or the person appointed under paragraph (1), as the case may be, shall lodge in process a report of the sale and a proposed scheme of division of the proceeds of sale.
(5) At the hearing of a motion for approval of a report of the sale of property lodged under paragraph (4) and the proposed scheme of division, the court may–
(a) approve the report and scheme of division, and direct that payment of the proceeds of sale be made in terms of the report;
(b) deal with any question as to the expenses of process or of sale; and
(c) make such other order as it thinks fit.
CHAPTER 45A
45A.1 

(1) Subject to paragraph (2), this Chapter applies only to a conclusion for removing in an action of removing against a person or persons in possession of heritable property without right or title to possess the property.
(2) This Chapter shall not apply with respect to a person who has or had a title or other right to occupy the heritable property and who has been in continuous occupation since that title or right is alleged to have come to an end.
45A.2 

(1) Where the name of a person in occupation of the heritable property is not known and cannot reasonably be ascertained, the pursuer shall call that person as a defender by naming him as an “occupier”.
(2) Where the name of a person in occupation of the heritable property is not known and cannot reasonably be ascertained, the summons shall be served (whether or not it is also served on a named person), unless the court otherwise directs, by a messenger-at-arms—
(a) affixing a copy of the summons and a citation in Form 45A.2 addressed to “the occupiers” to the main door or other conspicuous part of the premises, and if practicable, depositing a copy of each of those documents in the premises; or
(b) in the case of land only, inserting stakes in the ground at conspicuous parts of the occupied land to each of which is attached a sealed transparent envelope containing a copy of the summons and a citation in Form 45A.2 addressed to “the occupiers”.
(3) Paragraphs (1), (2) and (4) of rule 16.3 (service by messenger-at-arms) shall apply to service of a summons under this rule as they apply to service by a method to which those paragraphs apply.
45A.3 
Where the action is directed against a person in occupation of the heritable property vi clam aut precario, the pursuer may apply by motion to shorten or dispense with the period of notice or other period of time in these Rules relating to the conduct of the action or the extracting of any decree.
45A.4 
A person not named as a defender in the summons who is in occupation of the heritable property may, within the period of notice, apply by minute to be sisted as a defender to the action.
CHAPTER 46
46.1 
In this Chapter–
 “Admiralty action” means an action having a conclusion appropriate for the enforcement of a claim to which section 47(2) of the Administration of Justice Act 1956 applies  ... 
 “ship” has the meaning assigned in section 48(f) of that Act.
46.2 

(1) An Admiralty action against the owners  or demise charterers of, or  other parties interested in, a ship or  the owners of the cargo may be brought–
(a) in rem, where the conclusion of the summons is directed to recovery in respect of a maritime lien against the ship or cargo or the proceeds of it as sold under order of the court or where arrestment in rem may be made under section 47(3) of the Administration of Justice Act 1956;
(b) in personam, where the conclusion of the summons is directed to a decree in common form against the defender; or
(c) both in rem and in personam, where sub-paragraphs (a) and (b) apply.
(2) When bringing an Admiralty action, the pursuer shall insert the words “Admiralty Action in rem”, “Admiralty Action in personam” or “Admiralty Action in rem and in personam”, as the case may be, immediately below the words “IN THE COURT OF SESSION” where they occur above the instance, and on the backing, of the summons and any copy of it.
46.3 

(1) In an Admiralty action in rem—
(a) where the owners or demise charterers of, or other parties interested in, the ship or the owners of the cargo against which the action is directed are known to the pursuer, they shall be called as defenders by name;
(b) where such owners or demise charterers or other parties are unknown to the pursuer—
(i) the pursuer may call them as defenders as “the owners or demise charterers of, or other parties interested in the ship (name and identify by its port of registry) [or the owners of the cargo]”; and
(ii) the master, if known, shall also be called as a defender representing the owners or demise charterers.
(2) In an Admiralty action in rem, the ship or cargo shall be arrested in rem and a warrant for such arrestment shall be inserted in the summons in the form in Form 13.2–A.
46.4 

(1) In an Admiralty action in personam directed against the owners  or demise charterers, or other parties interested in a ship, or the owners of cargo, the defenders  shall, if known to the pursuer, be called as defenders by name.
(2) In such an action, where–
(a) the vessel is not a British ship, and
(b) the names of the owners  or demise charterers are not known to the pursuer,
the master of the ship may be called as the defender representing the owners or demise charterers.
(3) In an action to which paragraph (2) applies, any warrant to arrest to found jurisdiction shall be executed against the master of the ship in his representative capacity.
(4) In an action to which paragraph (2) applies, any decree shall be pronounced against the master in his representative capacity.
(5) A decree in an Admiralty action in personam may be pronounced against an owner  or demise charterer of, or  other  party interested in, the ship or  the owner of the cargo only where that owner or demise charterer or  other party interested, as the case may be, has been called or added as a defender.
46.5 

(1) This rule shall not apply to the sale of a cargo arrested on the dependence of an Admiralty action in personam
(1A) Where section 47E of the Administration of Justice Act 1956 applies, the pursuer may apply for an order for the sale of the ship by public auction or private bargain.
(1B) Where the owner or demise charterer of the ship has made payment of the sum due under section 47E(2)(a) of the Administration of Justice Act 1956, or has tendered the sum due under section 47E(2)(b) of that Act and that tender has not been accepted within a reasonable time, the owner or demise charterer may apply to the court for an order declaring that the arrestment ceased to have effect from a specified date.
(2) Where, in an Admiralty action or an action of declarator and sale of a ship–
(a) the court makes a finding that the pursuer has a claim which falls to be satisfied out of an arrested ship or cargo, or
(b) a decree for a sum of money has been granted in an action in which a ship has been arrested on the dependence,
the pursuer may apply by motion for an order for the sale of that ship or a share in it, or the cargo, as the case may be, by public auction or private bargain.
(3) Before making such an order, the court shall remit to a reporter for the purpose of obtaining–
(a) an inventory of,
(b) a valuation and recommended upset price for, and
(c) any recommendation as to the appropriate advertisement for the sale of,
the ship, share or cargo.
(4) Where a remit is made under paragraph (3), the pursuer shall instruct the reporter within 14 days after the date of the interlocutor making the remit and be responsible, in the first instance, for payment of his fee.
(5) On completion of a report following a remit under paragraph (3), the reporter shall send the report and a copy for each party to the Deputy Principal Clerk.
(6) On receipt of such a report, the Deputy Principal Clerk shall–
(a) give written intimation to each party of receipt of the report;
(b) request the pursuer to show to him a discharge in respect of the fee for which he is responsible under paragraph (4); and
(c) after sight of such a discharge–
(i) lodge the report in process;
(ii) give written intimation to each party that this has been done and that he may uplift a copy of the report from process; and
(iii) cause the action to be put out on the By Order Roll before the Lord Ordinary.
(7) Where the court orders the sale of a ship, share or cargo, the conduct of the sale, including any advertisement of it, shall be under the direction of the Deputy Principal Clerk.
(8) Where such a sale is the sale of a ship or a share in it, the interlocutor ordering the sale shall include a declaration that the right to transfer the ship or share to the purchaser is vested in the Deputy Principal Clerk.
(9) Where, in such a sale, no offer to purchase the ship, share or cargo, as the case may be, has reached the upset price, the pursuer may apply by motion for authority to expose such ship, share or cargo for sale at a reduced upset price.
(10) The proceeds of such a sale shall be consigned into court, under deduction of all dues to the date the court adjudges the ship, share or cargo to belong to the purchaser under paragraph (11)(a), payable to Her Majesty’s Customs and Excise or to the port or harbour authority within the jurisdiction of which the ship or cargo lies and in respect of which such port or harbour authority has statutory power to detain the ship or cargo.
(11) On consignation being made under paragraph (10), the court shall–
(a) adjudge the ship, share or cargo, as the case may be, declaring the same to belong to the purchaser, freed and disburdened of all bonds, mortgages, liens, rights of retention and other incumbrances affecting it and ordering such ship, share or cargo to be delivered to the purchaser on production of a certified copy of the interlocutor pronounced under this sub-paragraph; and
(b) order such intimation and advertisement, if any, for claims on the consigned fund as it thinks fit.
(12) The court shall, after such hearing or inquiry as it thinks fit–
(a) determine all questions of expenses;
(b) rank and prefer any claimants in order of preference; and
(c) make such other order, if any, as it thinks fit.
46.6 

(1) Subject to rule 46.7 (applications to dispense with preliminary acts), this rule applies to an Admiralty action of damages arising out of a collision between ships at sea.
(2) An action to which this rule applies may be brought in rem in personam or in rem and in personam
(3) A summons in such an action shall not contain a condescendence or pleas-in-law.
(4) Where such an action is brought in personam, the conclusion of the summons shall contain sufficient detail to enable the defender to identify the date and place of, and the ships involved in, the collision.
(5) Within 7 days after the summons has called, the pursuer shall lodge in process a sealed envelope containing–
(a) a preliminary act in Form 46.6; and
(b) a brief condescendence and appropriate pleas-in-law.
(6) Within 28 days after the preliminary act for the pursuer has been lodged under paragraph (5), the defender shall lodge in process a sealed envelope containing a preliminary act in form 46.6.
(7) A party who lodges a preliminary act under paragraph (5) or (6) shall not send a copy of it to any other party.
(8) On the lodging of a preliminary act by the defender under paragraph (6), a clerk of session in the General Department shall–
(a) open both sealed envelopes;
(b) mark the contents of those envelopes with appropriate numbers of process; and
(c) give written intimation to each party that sub-paragraphs (a) and (b) have been complied with.
(9) On receipt of the written intimation under paragraph (8)(c), the pursuer and defender shall exchange copies of the contents of their respective envelopes.
(10) Within 7 days after the sealed envelopes have been opened up under paragraph (8), the defender may lodge defences to the action in process and any counterclaim on which he proposes to found.
(11) Within 7 days after a counterclaim has been lodged under paragraph (10), the pursuer may lodge answers to it in process.
(12) Within 14 days after defences have been lodged under paragraph (10) or answers have been lodged under paragraph (11), whichever is the earlier, the pursuer shall make up an open record with a copy of each of the preliminary acts appended to it; and Chapter 22 (making up and closing records) shall, subject to paragraph (13) of this rule, apply to the action as it applies to an ordinary action.
(13) No amendment, adjustment or alteration may be made to a preliminary act except by order of the court.
46.7 

(1) Within 7 days after the date on which the summons has called, any party may apply for an order to dispense with preliminary acts in an action to which rule 46.6 applies.
(2) An application under paragraph (1) shall be made by minute craving the court to dispense with preliminary acts and setting out the grounds on which the application is made.
(3) Before lodging such a minute in process, the party making the application shall intimate a copy of the minute, and the date on which it will be lodged, to every other party.
(4) Any other party may lodge in process answers to such a minute within 14 days after such a minute has been lodged.
(5) After the expiry of the period mentioned in paragraph (4), the court may, on the motion of any party, after such further procedure, if any, as it thinks fit, dispense with preliminary acts.
(6) Where the court dispenses with preliminary acts, the pursuer shall lodge a condescendence with appropriate pleas-in-law within such period as the court thinks fit; and the action shall thereafter proceed in the same way as an ordinary action.
(7) Where the court refuses to dispense with preliminary acts, it shall ordain a party or parties, as the case may be, to lodge preliminary acts under rule 46.6 within such period as it thinks fit.
(8) An interlocutor dispensing or refusing to dispense with preliminary acts shall be final and not subject to review.
46.8 

(1) Without prejudice to rule 36.3(1) (lodging productions for proof), in an Admiralty action arising out of a collision between ships at sea or salvage, the parties shall–
(a) within 4 days after the interlocutor allowing proof,
(b) within 4 days before the taking of evidence on commission, or
(c) on or before such other date as the court, on special cause shown, shall determine,
lodge in process the documents, if any, mentioned in paragraph (2).
(2) The documents to be lodged under paragraph (1) are–
(a) the log books, including scrap log books, of the ships concerned;
(b) all de recenti written reports in conection with the collision or salvage, as the case may be, by the masters or mates of the vessels concerned to their respective owners; and
(c) reports of any surveys of the ship in respect of which damage or salvage is claimed.
46.9 

(1) In this rule–
 “the Act of 1995” means the Merchant Shipping Act 1995
 “the Fund” means  the International Fund established by the Fund Convention referred to in section 172(1)(b) of the Act of 1995.
 the Supplementary Fund” has the meaning given in section 172(1)(f) of the Act of 1995
(2) In an action in respect of liability under  section 153 of the Act of 1995, intimation of the action under  section 177(2) of that Act  to the Fund shall be given by the pursuer in accordance with paragraphs (3) and (4) of this rule.
(3) Where intimation is to be made under  paragraph (2), the pursuer shall insert a warrant for intimation in the summons in the following terms:– “Warrant to intimate to the International Oil Pollution Compensation Fund (address) as a person having an interest in this action.”.
(4) Intimation under paragraph (2) shall be given by a notice of intimation in Form 46.9 attached to a copy of the summons.
(5) Where the Fund or the Supplementary Fund  is not a party to an action to which this rule applies, a defender may apply by motion for warrant to serve a third party notice on the Fund or the Supplementary Fund, as the case may be .
(6) Where, in an action under  section 175 of the Act of 1995  (compensation from Fund for persons suffering pollution damage) or section 176A of that Act (liability of the Supplementary Fund), the court grants decree against the Fund or the Supplementary Fund, as the case may be, the clerk of court shall, within 14 days after the date of the decree, send a copy of it by first class post to the fund or the Supplementary Fund, as the case may be.
(7) Any notice under  section 176(3)(b)  or section 176B(2)(b) of the Act of 1995  (notification of whether amount of claim to be reduced) by the Fund or the Supplementary Fund, as the case may be  to the court shall be sent to the Deputy Principal Clerk.
(8) An application by virtue of  section 176(3)(a) or section 176B(2)(a)  of the Act of 1995  for leave to enforce a decree against the Fund or the Supplementary Fund, as the case may be  shall be made by motion.
CHAPTER 47
47.1 

(1) This Chapter applies to a commercial action.
(2) In this Chapter—
 “commercial action” means an action arising out of, or concerned with, any transaction or dispute of a commercial or business nature in which an election has been made under rule 47.3(1) or which has been transferred under rule 47.10;
 “preliminary hearing” means a hearing under rule 47.11;
 “procedural hearing” means a hearing under rule 47.12.
47.2 
All proceedings in the Outer House in a commercial action shall be brought before a judge of the court nominated by the Lord President as a commercial judge or, where a commercial judge is not available, any other judge of the court (including the vacation judge); and “commercial judge” shall be construed accordingly.
47.3 

(1) The pursuer may elect to adopt the procedure in this Chapter by bringing an action in which there are inserted the words “Commercial Action” immediately below the words “IN THE COURT OF SESSION” where they occur above the instance, and on the backing, of the summons and any copy of it.
(2) A summons in a commercial action shall—
(a) specify, in the form of conclusions, the orders sought;
(b) identify the parties to the action and the transaction or dispute from which the action arises;
(ba) specify any special capacity in which the pursuer is bringing the action or any special capacity in which the action is brought against the defender;
(c) summarise the circumstances out of which the action arises; and
(d) set out the grounds on which the action proceeds.
(3) There shall be appended to a summons in a commercial action a schedule listing the documents founded on or adopted as incorporated in the summons , which should also be lodged as an inventory of productions.
47.4 

(1) The requirement in rule 4.1(4) for a step of process to be folded lengthwise shall not apply in a commercial action.
(2) An open record shall not be made up in, and Chapter 22 (making up and closing records) shall not apply to, a commercial action unless otherwise ordered by the court.
(3) The following rules shall not apply to a commercial action:—
 rule 6.2 (fixing and allocation of diets in Outer House),
 rule 25.1(3) (form of counterclaim),
 rule 25.2(1) (authority for diligence etc. on counterclaims),
 rule 36.3 (lodging productions).
47.5 
Subject to the provisions of this Chapter, the procedure in a commercial action shall be such as the commercial judge shall order or direct.
47.6 

(1) Defences in a commercial action shall be in the form of answers to the summons with any additional statement of facts or legal grounds on which it is intended to rely.
(2) There shall be appended to the defences in a commercial action a schedule listing the documents founded on or adopted as incorporated in the defences , which should also be lodged as an inventory of productions.
47.7 

(1) A party seeking to lodge a counterclaim or to serve a third party notice shall apply by motion to do so.
(2) The commercial judge shall, on a motion to lodge a counterclaim or to serve a third party notice, make such order and give such directions as he thinks fit with regard to—
(a) the time within which a counterclaim may be lodged or a third party notice served and any answers lodged;
(b) where the motion is made before the preliminary hearing, a date for the preliminary hearing if it is to be a date other than the date referred to in rule 47.8(2); and
(c) any application for a warrant to use any form of diligence which would have been permitted under  rule 14A.2 (application for interim diligence)  had the warrant been sought in a summons in a separate action.
(3) Paragraphs (2) and (3) of rule 47.3 shall apply to the form of a counterclaim as they apply to the form of a summons.
47.8 

(1) All proceedings in an action in which an election has been made under rule 47.3(1) or which has been transferred under rule 47.10 shall, in the Outer House, be heard and determined on the Commercial Roll on such dates and at such times as shall be fixed by the commercial judge.
(2) A commercial action shall call on the Commercial Roll for a preliminary hearing within 14 days after defences have been lodged.
(3) The appearance of a commercial action on the Commercial Roll for a hearing on a specified date shall not affect the right of any party to apply by motion at any time under these Rules.
47.9 

(1) At any time before or at the preliminary hearing, the commercial judge shall—
(a) on the motion of a party, withdraw a commercial action from the procedure in this Chapter and appoint it to proceed as an ordinary action where, having regard to—
(i) the likely need for detailed pleadings to enable justice to be done between the parties,
(ii) the length of time required for preparation of the action, or
(iii) any other relevant circumstances,
he is satisfied that the speedy and efficient determination of the action would not be served by the cause being dealt with as a commercial action; and
(b) on the motion of a party with the consent of all other parties, withdraw a commercial action from the Commercial Roll and appoint it to proceed as an ordinary action.
(1A) At any time before or at the preliminary hearing the commercial judge may, on the motion of a party, if he is satisfied that the action is not a commercial action, withdraw it from the Commercial Roll and appoint it to proceed as an ordinary action.
(2) If a motion to withdraw a commercial action from the Commercial Roll made before or renewed at a preliminary hearing is refused, no subsequent motion to withdraw the action from the Commercial Roll shall be considered except on special cause shown.
(3) At any time the commercial judge may, at his own instance, after hearing the parties to the action, if he is satisfied that it is not appropriate for the action to remain on the Commercial Roll, withdraw it from the Commercial Roll and appoint it to proceed as an ordinary action.
47.10 

(1) In an action within the meaning of rule 47.1(2) (definition of commercial action) in which the pursuer has not made an election under rule 47.3(1), any party may apply by motion at any time to have the action appointed to be a commercial action on the Commercial Roll.
(2) A motion enrolled under paragraph (1) shall be heard by the commercial judge on such a date and at such a time as the Keeper of the Rolls shall fix in consultation with the commercial judge.
(3) Where an interlocutor is pronounced under paragraph (1) appointing an action to be a commercial action on the Commercial Roll, the action shall immediately proceed to a preliminary hearing.
47.11 

(1) Unless a commercial action is withdrawn under rule 47.9 from the Commercial Roll then, at the preliminary hearing of a commercial action in which an election has been made under rule 47.3(1), the commercial judge—
(a) shall determine whether and to what extent and in what manner further specification of the claim and defences should be provided;
(b) may make an order in respect of any of the following matters:—
(i) detailed written pleadings to be made by a party either generally or restricted to particular issues;
(ii) a statement of facts to be made by one or more parties either generally or restricted to particular issues;
(iii) the allowing of an amendment by a party to his pleadings;
(iv) disclosure of the identity of witnesses and the existence and nature of documents relating to the action or authority to recover documents either generally or specifically;
(v) documents constituting, evidencing or relating to the subject-matter of the action or any invoices, correspondence or similar documents relating to it to be lodged in process within a specified period;
(vi) each party to lodge in process, and sent to every other party, a list of witnesses;
(vii) reports of skilled persons or witness statements to be lodged in process;
(viii) affidavits concerned with any of the issues in the action to be lodged in process; and
(ix) the action to proceed to a hearing without any further preliminary procedure either in relation to the whole or any particular aspect of the action;
(c) may fix the period within which any such order shall be complied with;
(d) may continue the preliminary hearing to a date to be appointed by him; and
(e) may make such other order as he thinks fit for the speedy determination of the action.
(2) Where the commercial judge makes an order under paragraph (1)(b)(i) or (ii) or (c), he may ordain the pursuer to—
(a) make up a record; and
(b) lodge that record in process within such period as the commercial judge thinks fit.
(3) At the conclusion of the preliminary hearing, the court shall, unless it has made an order under paragraph (1)(b)(ix) (order to proceed without a further hearing), fix a date for a procedural hearing to determine further procedure.
(4) The date fixed under paragraph (3) for a procedural hearing may be extended on cause shown by application to the court, by motion, not less than two days prior to the date fixed for the procedural hearing.
47.12 

(1) Not less than 3 days, or such other period as may be prescribed by the commercial judge at the preliminary hearing, before the date fixed under rule 47.11(3) for the procedural hearing, each party shall—
(a) lodge a written statement of his proposals for further procedure which shall state—
(i) whether he seeks to have the commercial action appointed to debate or to have the action sent to proof on the whole or any part of it;
(ii) what the issues are which he considers should be sent to debate or proof; and
(iii) the estimated duration of any debate or proof;
(b) where it is sought to have the action appointed to proof, lodge a list of the witnesses he proposes to cite or call to give evidence, identifying the matters to which each witness will speak;
(c) where it is sought to have the action appointed to proof, lodge the reports of any skilled persons;
(d) where it is sought to have the action appointed to debate, lodge a note of argument consisting of concise numbered paragraphs stating the legal propositions on which it is proposed to submit that any preliminary plea should be sustained or repelled with reference to the principal authorities and statutory provisions to be founded on; and
(e) send a copy of any such written statement, lists, reports or note of argument, as the case may be, to every other party.
(2) At the procedural hearing, the commercial judge—
(a) shall determine whether the commercial action should be appointed to debate or sent to proof on the whole or any part of the action;
(b) where the action is appointed to debate or sent to proof, may order that written arguments on any question of law should be submitted;
(c) where the action is sent to proof, may determine whether evidence at the proof should be by oral evidence, the production of documents or affidavits on any issue;
(d) where the action is sent to proof, may direct that parties serve on one another and lodge in process signed witness statements or affidavits from each witness whose evidence they intend to adduce, setting out in full the evidence which it is intended to take from that witness, and fix a timetable for the service (whether by exchange or otherwise) and lodging of such statements or affidavits as may be thought necessary;
(e) may direct that such witness statements or affidavits shall stand as evidence in chief of the witness concerned, subject to such further questioning in chief as the court may allow;
(f) may determine, in the light of any witness statements, affidavits or reports produced, that proof is unnecessary on any issue;
(g) where the action is sent to proof, may appoint parties to be heard By Order at a date prior to the proof diet;
(h) may direct that skilled persons should meet with a view to reaching agreement and identifying areas of disagreement, and may order them thereafter to produce a joint note, to be lodged in process by one of the parties, identifying areas of agreement and disagreement, and the basis of any disagreement;
(i) without prejudice to Chapter 12 (assessors), may appoint an expert to examine, on behalf of the court, any reports of skilled persons or other evidence submitted and to report to the court within such period as the commercial judge may specify;
(j) where the action is sent to proof, may make an order fixing the time allowed for the examination and cross-examination of witnesses;
(k) may, on the motion of a party, direct the cause to be determined on the basis of written submissions, or such other material, without any oral hearing;
(l) may continue the procedural hearing to a date to be appointed by him;
(m) may make an order for parties to produce a joint bundle of productions arranged in chronological order or such other order as will assist in the efficient conduct of the proof;
(n) may order and fix a date for a further procedural hearing or fix a date for the hearing of any debate or proof; and
(o) may make such other order as he thinks fit.
47.13 
Chapter 28 (procedure roll) shall apply to a debate ordered in a commercial action under rule 47.12(2)(a) as it applies to a cause appointed to the Procedure Roll.
47.13A. 
Not less that 2 days prior to any hearing appointed under rule 47.12(2)(g) parties shall lodge in process an estimated timetable for the conduct of proof together with a note of any issues which are to be addressed prior to the proof.
47.14 

(1) Unless an earlier date is specified by the court, any  document not previously lodged required for any proof in a commercial action shall be lodged as a production not less than 7 days before the date fixed for the proof.
(2) No document may be lodged as a production after the date referred to in paragraph (1), even by agreement of all parties, unless the court is satisfied that any document sought to be lodged could not with reasonable diligence have been lodged in time.
47.15 
At any time before final judgment, the commercial judge may, at his own instance or on the motion of any party, have a commercial action put out for hearing for further procedure; and the commercial judge may make such order as he thinks fit.
47.16 
Any failure by a party to comply timeously with a provision in these Rules or any order made by the commercial judge in a commercial action shall entitle the judge, at his own instance—
(a) to refuse to extend any period for compliance with a provision in these Rules or an order of the court,
(b) to dismiss the action or counterclaim, as the case may be, in whole or in part,
(c) to grant decree in respect of all or any of the conclusions of the summons or counterclaim, as the case may be, or
(d) to make an award of expenses,as he thinks fit.
CHAPTER 48
48.1 

(1) Subject to Part IV of Chapter 41 (Exchequer appeals), all proceedings in an Exchequer cause shall be brought before the Lord Ordinary in Exchequer Causes.
(2) An application for the suspension of a decree, charge, threatened charge or diligence in an Exchequer cause shall be made to the Lord Ordinary in Exchequer Causes.
(3) Where another judge of the court acts in place of the Lord Ordinary in Exchequer Causes, any interlocutor pronounced by him shall state that he acted in the absence of the Lor d Ordinary in Exchequer Causes.
48.2 
An Exchequer cause commenced by summons shall proceed as an ordinary action.
48.3 
The Extractor shall give priority to extracts in Exchequer causes over all other business.
CHAPTER 49
PART I
49.1 

(1) In this Chapter, “family action” means–
(a) an action of divorce;
(b) an action of dissolution of a civil partnership;
(c) an action of separation of spouses or of civil partners;
(d) an action of declarator of nullity of marriage or civil partnership;
(e) an action of declarator of marriage;
(f) an action of declarator of legitimacy;
(g) an action of declarator of illegitimacy;
(h) an action of declarator of parentage;
(i) an action of declarator of non-parentage;
(j) an action of declarator of legitimation;
(k) an action or application for, or in respect of, an order under section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.) except a petition for the appointment of a judicial factor;
(l) an action of, or application for or in respect of, aliment;
(m) an action or application for financial provision after a divorce or annulment an in overseas country with the meaning of Part IV of the Matrimonial and Family Proceedings Act 1984;
(n) an action or application for financial provision after a dissolution or annulment of a civil partnership in an overseas country within the meaning of section 125 of and Schedule 11 to the Civil Partnership Act 2004;
(o) an action or application for an order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981;
(p) an action or application for an order under Chapter 3 or 4 of Part 3 of the Civil Partnership Act 2004.
(q) an application under section 28 or 29 of the Family Law (Scotland) Act 2006 (financial provision for former co—habitants).
(r) an action for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of section 7(9) of the Domicile and Matrimonial Proceedings Act 1973.
(s) an action for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of paragraph 1 of Schedule 1B to the Domicile and Matrimonial Proceedings Act 1973, or of a judgment to which paragraph 2(1)(b) of that Schedule refers.
(2) In this Chapter, unless the context otherwise requires–
 “the Act of 1975” means the Children Act 1975;
 “the Act of 1976” means the Divorce (Scotland) Act 1976;
 “the Act of 1973” means the Domicile and Matrimonial Proceedings Act 1973;
 “the Act of 1981” means the Matrimonial Homes (Family Protection) (Scotland) Act 1981;
 “the Act of 1985” means the Family Law (Scotland) Act 1985;
 “the Act of 1995” means the Children (Scotland) Act 1995;
 “the Act of 2004” means the Gender Recognition Act 2004;
 “the CP Act of 2004” means the Civil Partnership Act 2004;
 “civil partnership” has the same meaning as in section 1(1) of the CP Act of 2004;
 “contact order” has the same meaning as in section 11(2)(d) of the Act of 1995;
 “corrected gender recognition certificate” means a certificate issued under section 6(4) of the Act of 2004;
 “dissolution of a civil partnership” means a decree granted under section 117(2) of the CP Act of 2004;
 “full gender recognition certificate” and “interim gender recognition certificate” have the same meanings as in section 25 of the Act of 2004;
 “Gender Recognition Panel” is to be construed in accordance with Schedule 1 to the Act of 2004;
 “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
 “mental disorder” has the same meaning as in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
 “action for declarator of nullity of a civil partnership” means an action for declarator that a civil partnership is void within the meaning of section 123 of the CP Act of 2004;
 “order for financial provision” means, except in Parts VII and VIIA of this Chapter (financial provision after overseas divorce, dissolution of a civil partnership, or annulment of marriage or civil partnership), an order mentioned in section 8(1) of the Act of 1985;
 “parental responsibilities” has the same meaning as in section 1(3) of the Act of 1995;
 “parental rights” has the same meaning as in section 2(4) of the Act of 1995;
 “residence order” has the same meaning as in section 11(2) of the Act of 1995;
 “section 11 order” means an order under section 11 of the Act of 1995;
 “action of separation of civil partners” means an action for decree under section 120 of the CP Act of 2004.
(3) For the purposes of rule 49.2 (averments in certain family actions about other proceedings) and rule 49.3 (averments where section 11 order sought), and in relation to proceedings in another jurisdiction, Schedule 3 to the Act of 1973 (sisting of consistorial actions in Scotland) and rule 49.18A (applications for sist in actions involving civil partnerships), proceedings are continuing at any time after they have commenced and before they are finally disposed of.
49.2 

(1) This rule applies to an action of divorce, separation, declarator of marriage ... declarator of nullity of marriage dissolution of a civil partnership, separation of civil partners or declarator of nullity of a civil partnership.
(2) In an action to which this rule applies, the pursuer shall state in the condescendence of the summons–
(a) whether to his knowledge any proceedings are continuing in Scotland or in any other country in respect of the marriage or civil partnership  to which the summons relates or are capable of affecting its validity or subsistence; and
(b) where such proceedings are continuing–
(i) the court, tribunal or authority before which the proceedings have been commenced;
(ii) the date of commencement;
(iii) the names of the parties;
(iv) the date, or expected date of any proof (or its equivalent), in the proceedings; and
(v) such other facts as may be relevant to the question of whether or not the action in the Court of Session should be sisted under Schedule 3 to the Act of 1973, or rule 49.18A.
(3) Where–
(a) such proceedings are continuing;
(b) the action in the Court of Session is defended; and
(c) either–
(i) the summons does not contain the statement referred to in paragraph (2)(b), or
(ii) the particulars mentioned in  paragraph  (2)(b) as set out in the summons are incomplete or incorrect,
any defences or minute, as the case may be, lodged by any person to the action shall include that statement and, where appropriate, the further or correct particulars mentioned in paragraph (2)(b).
49.3 

(1) A party to a family action, who makes an application in that  action for a section 11 order  in respect of a child, shall include in his pleadings–
(a) where that action is an action of divorce, separation ... declarator of nullity of marriage , dissolution of a civil partnership, separation of civil partners or declarator of nullity of a civil partnership, averments giving particulars of any other proceedings known to him, whether in Scotland or elsewhere and whether concluded or not, which relate to the child in respect of whom the  section 11 order  is sought;
(b) in any other family action–
(i) the averments mentioned in sub-paragraph (a); and
(ii) averments giving particulars of any proceedings known to him which are continuing, whether in Scotland or elsewhere, and which relate to the marriage or civil partnership  of the parents  or either of the parents of that child.
(2) Where such other proceedings are continuing or have taken place and the averments of the applicant for such a section 11 order–
(a) do not contain particulars of the other proceedings, or
(b) contain particulars which are incomplete or incorrect,
any defences or minute, as the case may be, lodged by any person to the family action shall include such particulars or such further or correct particulars as are known to him.
(3) In paragraph (1)(b)(ii), “child” includes a child of the family within the meaning assigned in section 42(4) of the Family Law Act 1986.
49.4 
In a family action, where the identity or address of any person referred to in rule 49.8 as a person in respect of whom a warrant for intimation requires to be applied for is not known and cannot reasonably be ascertained, the party required to apply for the warrant shall include in his pleadings an averment of that fact and averments setting out what steps have been taken to ascertain the identity or address, as the case may be, of that person.
49.5 
In a family action in which an order for aliment or periodical allowance is sought, or is sought to be varied or recalled, by any party, the pleadings of that party shall contain an averment stating whether and, if so, when and by whom a maintenance order (within the meaning of section 106 of the Debtors (Scotland) Act 1987) has been granted in favour of or against that party or any other person in respect of whom the order is sought.
49.6 

(1) In this rule–
 “the Act of 1991” means the Child Support Act 1991;
 “child” has the meaning assigned in section 55 of the Act of 1991;
 “conclusion relating to aliment” means–
(a) for the purposes of paragraph (2), a conclusion for decree of aliment in relation to a child or for recall or variation of such a decree; and
(b) for the purposes of paragraph (3), a conclusion for decree of aliment in relation to a child or for recall or variation of such a decree or for the variation or termination of an agreement on aliment in relation to a child;
 “maintenance assessment” has the meaning assigned in section 54 of the Act of 1991.
(2) A family action containing a conclusion relating to aliment to which section 8(6), (7), (8) or (10) of the Act of 1991 (top up maintenance orders) applies shall–
(a) include averments stating, where appropriate–
(i) that a maintenance assessment under section 11 of that Act is in force;
(ii) the date of the maintenance assessment;
(iii) the amount and frequency of periodical payments of child support maintenance fixed by the maintenance assessment; and
(iv) the grounds on which the sheriff retains jurisdiction under section 8(6), (7), (8) or (10) of that Act; and
(b) unless the court on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the party intimating the making of the maintenance assessment referred to in sub-paragraph (a).
(3) A family action containing a conclusion relating to aliment to which section 8(6), (7), (8) or (10) of the Act of 1991 does not apply, shall include averments stating–
(a) that the habitual residence of the absent parent, person with care or qualifying child, within the meaning of section 3 of that Act, is furth of the United Kingdom;
(b) that the child is not a child within the meaning of section 55 of that Act; or
(c) the grounds on which the court retains jurisdiction.
(4) In an action for declarator of non-parentage or illegitimacy–
(a) the summons shall include an article of condescendence stating whether the pursuer previously has been alleged to be the parent in an application for a maintenance assessment under section 4, 6 or 7 of the Act of 1991 (applications for maintenance assessment); and
(b) where an allegation of paternity has been made against the pursuer, the Secretary of State shall be named as a defender in the action.
(5) A family action involving parties in respect of whom a decision has been made in any application, review or appeal under the Act of 1991 relating to any child of those parties, shall–
(a) include averments stating that such a decision has been made and giving details of that decision; and
(b) unless the court on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the parties intimating that decision.
49.6A. 

(1) This rule applies to an action of divorce in which divorce is sought on the ground that an interim gender recognition certificate has been issued to either party.
(2) In an action to which this rule applies, the pursuer shall state in the condescendence of the summons—
(a) where the pursuer is the party to whom the interim gender recognition certificate was issued, whether or not the Gender Recognition Panel has issued a full gender recognition certificate to the pursuer, and
(b) where the defender is the party to whom the interim gender recognition certificate was issued, whether—
(i) since the issue of the interim gender recognition certificate, the pursuer has made a statutory declaration consenting to the marriage continuing, and
(ii) the Gender Recognition Panel has given the pursuer notice of the issue of a full gender recognition certificate to the defender.
49.7 

(1) A warrant for inhibition or arrestment on the dependence in a family action or in respect of a claim to which section 19 of the Act of 1985 (action for aliment or claim for order for financial provision) applies shall be applied for by motion.
(2) A certified copy of the interlocutor granting warrant for diligence applied for under paragraph (1) shall be sufficient authority for execution of the diligence.
(3) A certified copy of the interlocutor containing a warrant for inhibition granted under this rule and an execution of service of it may be registered in the Register of Inhibitions and Adjudications.
(4) A notice of a certified copy of the interlocutor containing a warrant for inhibition granted under this rule may be registered in the Register of Inhibitions and Adjudications; and such registration is to have the same effect as registration of a notice of inhibition under section 155(2) of the Titles to Land Consolidation (Scotland) Act 1868.
49.8 

(1) Subject to paragraphs (5) and (8), in the summons  in a family action, the pursuer shall insert a warrant for intimation–
(a) in an action where the address of the defender is not known to the pursuer and cannot reasonably be ascertained, to–
(i) every child of the marriage between the parties, or child who has been accepted by both partners of a civil partnership as a child of the family, who has reached the age of 16 years, and
(ii) one of the next-of-kin of the defender who has reached that age,
unless the address of such a person is not known to the pursuer and cannot reasonably be ascertained, in the following terms:– “Warrant to intimate to (name and address) as a child of the marriage [or to (name and address) as a child who has been accepted by both partners of a civil partnership as a child of the family][or to (name and address) the (relationship to defender), as one of the next-of-kin of the defender].”
(b) in an action where the pursuer alleges that the defender has committed adultery with another person, to that person, unless–
(i) that person is not named in the summons and, if the adultery is relied on for the purposes of section 1(2)(a) of the Act of 1976 (irretrievable breakdown of marriage by reason of adultery), the summons contains an averment that his or her identity is not known to the pursuer and cannot reasonably be ascertained, or
(ii) the pursuer alleges that the defender has been guilty of rape upon or incest with, that named person,
in the following terms:– “Warrant to intimate to (name and address) as a person with whom the defender is alleged to have committed adultery.”;
(c) in an action where the defender is a person who is suffering from a mental disorder, to–
(i) those persons mentioned in sub-paragraph (a)(i) and (ii), unless the address of such person is not known to the pursuer and cannot reasonable be ascertained;
(ii) any person holding the office of curator bonis to the defender, if one has been appointed; and
(iii) any person holding the office of guardian, or continuing or welfare attorney to the defender under or by virtue of the Adults with Incapacity (Scotland) Act 2000, if one has been appointed,
in the following terms:– “Warrant to intimate to (name and address) as a child of the marriage [or to (name and address) as a child who has been accepted by both partners of a civil partnership as a child of the family], (name and address) the (relationship to the defender) as one of the next-of-kin of the defender and (name and address) guardian [or continuing [or welfare] attorney] to the defender.”
(d) in an action relating to a marriage which was entered into under a law which permits polygamy where–
(i) one of the decrees specified in section 2(2)of the Matrimonial Proceedings (Polygamous Marriages) Act1972 is sought; and
(ii) either party to the marriage in question has any spouse additional to the other party,
to any such additional spouse in the following terms:– “Warrant to intimate to (name and address) as an additional spouse of the pursuer [or defender].”;
(e) in an action of divorce, separation, declarator of nullity of marriage, dissolution of a civil partnership, separation of civil partners or declarator of nullity of a civil partnership where the court may make a section 11 order in respect of a child–
(i) who is in the care of a local authority, to that local authority in the following terms:–“Warrant to intimate to the chief executive of (name and address of local authority) as the local authority having care of (name and address of child).”;
(ii) who, being a child of one party to the marriage who has been accepted as a child of the family by the other party to the marriage or is a child of one partner in a civil partnership who has been accepted by both partners as a child of the family, and who is liable to be maintained by a third party, to that third party in the following terms:–“Warrant to intimate to (name and address) as a person liable to maintain (name and address of child).”; or
(iii) in relation to whom a third party in fact exercises care or control, to that third party in the following terms:– “Warrant to intimate to (name and address) as a person who in fact exercises care or control of (name and address of child).”
(f) in an action where the pursuer concludes for  a section 11 order, to any parent or guardian of the child who is not a party to the action in the following terms:– “Warrant to intimate to (name and address) as a parent [or guardian].”;
(g) in an action where the pursuer concludes for  a residence order in respect  of a child and he is–
(i) not a parent of that child, and
(ii) resident in Scotland when the summons is presented for signeting,
to the local authority within which area the pursuer resides in the following terms:– “Warrant to intimate to the chief executive of (name and address of local authority) as the local authority within which area the pursuer, not being a parent of (name and address of child), resides.”;
(h) in an action which includes a conclusion for a section 11 order, to the child to whom the section 11 order would relate, if not a party to the action, in the following terms:–“Warrant to intimate to (name and address) as a child who may be affected by the action.”;
(j) in an action where the pursuer makes an application for an order under section 18 of the Act of 1985 (which relates to avoidance transactions), to–
(i) any third party in whose favour the transfer of, or transaction involving, the property is to be or was made, and
(ii) any other person having an interest in the transfer of, or transaction involving, the property,
in the following terms:– “Warrant to intimate to (name and address) as the person in whose favour the transfer of [or transaction involving] property referred to in the condescendence attached to this summons was made [or is to be made] [or is a person having an interest in the transfer of [or transaction involving] property referred to in the condescendence attached to this summons].”; ...
(k) in an action where the pursuer makes an application for an order under the Act of 1981–
(i) where he is a non-entitled partner and the entitled partner has a spouse, or civil partner, to that spouse or civil partner, or
(ii) where the application is under section 2(1)(e), 2(4)(a), 3(1), 3(2), 4, 7, 13, or 18 of that Act, and the entitled spouse or entitled partner is a tenant or occupies the matrimonial home by permission of a third party, to the landlord or the third party, as the case may be,
in the following terms:–“Warrant to intimate to (name and address) as a person with an interest in the order sought in the (number) conclusion of this summons.”
(l) in an action where the pursuer makes an application for an order under–
(i) section 8(1)(ba) of the Act of 1985 (orders under s.12A of the Act of1985 for pension lump sum), or
(ii) section 8(1)(baa) of that Act (pension sharing orders),
to the person responsible for the pension arrangement, in the following terms “Warrant to intimate to (name and address) as the person responsible for the pension arrangement in respect of which an order is sought in the (number) conclusion of this summons.
(m) in an action where the pursuer makes an application for an order under Chapter 3 of Part 3 of the CP Act of 2004 where the application is under section 102(1)(e), 102(4)(a), 103(1), 103(2), 104, 107 or 112 of that Act and the entitled civil partner is a tenant or occupies the family home by permission of a third party, to the landlord or the third party, as the case may be, in the following terms:— “Warrant to intimate to (name and address) as a person with an interest in the order sought in the (number) conclusion of this summons;“ ”
(n) in an action where the pursuer makes an application for an order under section 29(2) of the Act of 2006 (application by survivor for provision on intestacy) to any person having an interest in the deceased’s net intestate estate, in the following terms:— “Warrant to intimate to (name and address) as a person having an interest in the deceased’s net intestate estate referred to in the condescendence attached to this summons.“ ”
(2) Expressions used in—
(i) paragraph (1)(k) which are also used in the Act of 1981;
(ii) paragraph (1)(m) which are also used in the CP Act of 2004; and
(iii) paragraph (1)(n) which are also used in section 29 of the Act of 2006,have the meanings given in those Acts, or that section, as the case may be.
(3) A notice of intimation shall be attached to the copy of the summons where intimation is given on a warrant–
(a) under paragraph (1)(a) (address of defender not know), in Form 49.8–A;
(b) under paragraph (1)(b) (allegation of adultery), in Form 49.8–B;
(c) under paragraph (1)(c) (mental disorder of defender), in Form 49.8–C;
(d) under paragraph (1)(d) (polygamous marriage), in Form 49.8–D;
(e) under paragraph (1)(e)(i) or (ii) (where section 11 order may be made in respect of a child in care of local authority or accepted as a child of the marriage), in Form 49.8-E;
(f) under paragraph (1)(e)(iii) (where section 11 order may be made in respect of a child in relation to whom a third party in fact exercises care or control), in Form 49.8-F;
(g) under paragraph (1)(f) (section 11 order sought by guardian), in Form 49.8-G;
(h) under paragraph (1)(g) (residence order sought by non-parent resident in Scotland), in Form 49.8-H;
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) under paragraph (1)(i) (transfer of property), in Form 49.8–J;
(k) under paragraph (1)(j) (avoidance transactions), in Form 49.8–K;
(l) under paragraph (1)(k) (orders sought under the Act of 1981), in Form 49.8–L;
(m) under—
(i) paragraph (1)(l)(i) (orders for pension lump sums) in Form 49.8—M; and
(ii) paragraph (1)(l)(ii) (person sharing orders), in Form 49.8MA;
(n) under paragraph (l)(m) (order sought under Chapter 3 of Part 3 of the CP Act of 2004), in Form 49.8—O; and
(o) under paragraph (1)(n)(order under section 29 of the Act of 2006), in Form 49.8—P
(4) In a family action, where the pursuer–
(a) concludes for a residence order in respect of a child;
(b) is not a parent of the child; and
(c) is not resident in Scotland when the summons is presented for signeting,
he shall, on presenting the summons for signeting, apply by motion for an order for intimation in Form 49.8–H to such local authority as the court thinks fit.
(5) Where the address of a person mentioned in paragraph (1)(b), (d), (e), (f), (g), (i), (j), (k) or (l) is not known and cannot reasonably be ascertained, the pursuer shall, immediately after the calling of the summons, apply by motion to dispense with intimation; and the court may grant that motion or make such other order as it thinks fit.
(6) Where the identity or address of a person to whom intimation of a family action is required becomes known during the course of the action, the party who would have been required to insert a warrant for intimation to that person shall apply by motion for a warrant for intimation to that person or to dispense with such intimation.
(7) In relation to paragraph (1)(h) (action which affects a child), a copy of the summons shall not be intimated to the child but a notice of intimation shall be intimated to him in Form 49.8-N.
(8) Where a pursuer considers that a warrant for intimation to a child under paragraph (1)(h) is inappropriate, he shall–
(a) apply by motion to dispense with intimation to that child; and
(b) include in the condescendence of the summons averments setting out the reasons why such intimation is inappropriate,
and the court may dispense with such intimation or make such other order as it thinks fit.
49.9 

(1) In a family action where the pursuer alleges a relevant association as defined in paragraph (4) between the defender and another named person, the pursuer shall, when the summons is presented for signeting, apply by motion for an order for intimation to that person or to dispense with such intimation.
(2) In determining a motion under paragraph (1), the court may–
(a) make such order for intimation as it thinks fit; or
(b) dispense with intimation; and
(c) where it dispenses with intimation, order that the name of that person be deleted from the condescendence of the summons.
(3) Where intimation is ordered under paragraph (2), a notice of intimation in Form 49.9 shall be attached to the copy of the summons to be intimated.
(4) In paragraph (1), “relevant association” means sodomy, incest or any homosexual relationship , and where the family action is in relation to a civil partnership shall include any heterosexual relationship.
49.10 

(1) There shall be lodged as a production with the principal writ when first lodged in process–
(a) in an action of divorce–
(i) an extract or certified copy of the relevant entry in the register of marriages; and
(ii) where an action relies on section 1(1)(b) of the Act of 1976 (grounds of divorce: interim gender recognition certificate), the interim gender recognition certificate or a certified copy of it;
(b) in an action of dissolution of a civil partnership–
(i) an extract or certified copy of the relevant entry in the civil partnership register; and
(ii) where the action relies on section 117(2)(b) of the CP Act of 2004 (grounds for dissolution of civil partnership: interim gender recognition certificate), the interim gender recognition certificate or a certified copy of it; and
(c) in a family action in which the court may make a section 11 order, an extract or certified copy of the relevant entry in the register of births.
(2) In the application of sub-paragraph (a) of paragraph (1) to an action of divorce, or sub-paragraph (b) of paragraph (1) in an action of dissolution of a civil partnership, where the address of the defender is not known, the documents to be lodged under those sub-paragraphs, as the case may be, shall be obtained and dated within three months before the date on which it is lodged.
49.11 

(1) Where a local authority referred to in rule 49.8(1)(g) (residence order  sought by non-parent resident in Scotland) or rule 49.8(4) (residence order sought by non-parent not resident in Scotland) is called as a defender in a summons at the time of signeting, service of the summons on that local authority shall be executed within 7 days after the date of signeting.
(2) Where in a family action–
(a) to which rule 49.8(1)(g) applies, or
(b) in which a motion under rule 49.8(4) is required,
the local authority referred to in that provision is called as a defender in the summons at the time of signeting, a notice in Form 49.8–H shall be attached to the copy of the summons served on that local authority unless the court otherwise orders.
(3) In any family action, the court may, if it thinks fit, order intimation to a local authority, and such intimation shall be in Form 49.8-H.
(4) Where, by virtue of  paragraph (3) of this rule or rule 49.8(1)(g), 49.8(4) or 49.15(3), intimation of an application for a section 11 order  is to be made to a local authority, intimation to that local authority shall be given within 7 days after the date of signeting or order for intimation, as the case may be; and a notice in Form 49.8–H shall be attached to the copy of the summons intimated to that local authority.
49.12 
Where notice of a family action is given by advertisement under rule 16.5 (service where address of person is not known), the period of notice shall be 21 days from the date of publication of the advertisement unless the court otherwise orders.
49.13 

(1) In a family action where the defender suffers or appears to suffer from mental disorder and is resident in a hospital or other similar institution, service of the summons shall be executed in accordance with rule 16.4 (service by post) addressed to the medical officer in charge of that hospital or institution; and there shall be included with the copy of the summons–
(a) any notice required by rule 49.14(1) (notices in certain actions of divorce or separation) or by rule 49.14A(1) (notices in certain actions of dissolution of civil partnership or separation of civil partners);
(b) a request in Form 49.13–A requesting the medical officer to–
(i) deliver and explain the summons, citation and any notice or form of notice of consent required under rule 49.14(1) or rule 49.14A(1); or
(ii) certify that such delivery or explanation would be dangerous to the health or mental condition of the defender; and
(iii) complete the certificate in Form 49.13–B; and
(c) a stamped envelope addressed for return of that certificate to the pursuer or his agent, if he has one.
(2) The medical officer referred to in paragraph (1) shall send the certificate in Form 49.13–B duly completed to the pursuer or his agent, as the case may be.
(3) The certificate mentioned in paragraph (2) shall be attached to the summons when it is lodged for calling.
(4) Where such a certificate bears that the summons has not been delivered to the defender, the court may, at any time while the action is depending–
(a) order such further medical inquiry, and
(b) make such order for further service or intimation,
as it thinks fit.
49.14 

(1) In the following actions of divorce or separation, there shall be attached to the copy of the summons served on the defender–
(a) in an action relying on section 1(2)(d) of the Act of 1976 (no cohabitation for  one year  with consent of defender to decree)–
(i) which is an action of divorce, a notice in Form 49.14–A and a form of notice of consent in Form 49.14–B;
(ii) which is an action of separation, a notice in Form 49.14–C and a form of notice of consent in Form 49.14–D;
(b) in an action relying on section 1(2)(e) of the Act of 1976 (no cohabitation for  two  years)–
(i) which is an action of divorce, a notice in Form 49.14–E;
(ii) which is an action of separation, a notice in Form 49.14–F.
(c) in an action relying on section 1(1)(b) of the Act of 1976 (grounds for divorce: interim gender recognition certificate), a notice in Form 49.14–G.
(2) The certificate of service of a summons in an action mentioned in paragraph (1) shall state which notice or form mentioned in paragraph (1) has been included with the summons.
49.14A 

(1) In the following actions of dissolution of civil partnership or separation of civil partners, there shall be attached to the copy of the summons served on the defender–
(a) in an action relying on section 117(3)(c) of the CP Act of 2004 (no cohabitation for  one year  with consent of defender to decree)–
(i) which is an action of dissolution of a civil partnership, a notice in Form 49.14A–A and a form of notice of consent in Form 49.14A–B;
(ii) which is an action of separation of civil partners, a notice in Form 49.14A–C and a form of notice of consent in Form 49.14A–D;
(b) in an action relying on section 117(3)(d) of the CP Act of 2004 (no cohabitation for  two  years)–
(i) which is an action of dissolution of a civil partnership, a notice in Form 49.14A–E;
(ii) which is an  action of separation of civil partners, a notice in Form 49.14A–F;
(c) in an action relying on section 117(2)(b) of the CP Act of 2004 (grounds of dissolution: interim gender recognition certificate), a notice in Form 49.14A–G.
(2) The certificate of service of a summons in an action mentioned in paragraph (1) shall state which notice or form mentioned in paragraph (1) has been included with the summons.
49.15 

(1) In any family action, the court may, at any time–
(a) subject to paragraph (2), order intimation to be made to such person as it thinks fit;
(b) postpone intimation, where it considers that such postponement is appropriate and in that case, the court shall make such order in respect of postponement of intimation as it thinks fit; or
(c) dispense with intimation, where it considers that such dispensation is appropriate.
(2) Where the court is considering whether to make a section 11 order by virtue of section 12 of the Act of 1995 (restrictions on decrees for divorce, separation  , annulment, dissolution of civil partnership, separation of civil partners, or annulment of civil partnership  affecting children), it shall, subject to paragraph (1)(c) and without prejudice to paragraph (1)(b) of this rule, order intimation to the child to whom the section 11 order would relate unless–
(a) intimation has been given to the child under rule 49.8(7); or
(b) the court considers that the child is not of sufficient age or maturity to express his views.
(3) Where a party makes an application or averment in a family action which, had it been made in a summons when presented for signeting, would have required a warrant for intimation under rule 49.8, that party shall apply by motion for a warrant for intimation or to dispense with such intimation; and rule 49.8 shall, with the necessary modifications, apply to a warrant under this paragraph as it applies to a warrant under that rule.
49.16 

(1) A person on whom intimation has been made of a family action or an application in a family action, may apply by minute for leave to be sisted as a party and to lodge defences, answers or a minute, as the case may be–
(a) where the intimation was made on a warrant in a summons, within 7 days after the summons is lodged for calling; and
(b) in any other case, within the period of notice.
(2) Where the court grants a motion under paragraph (1), it shall make such order for further procedure as it thinks fit.
49.17 

(1) This rule applies to an action of divorce  , separation, dissolution of a civil partnership, or separation of civil partners,  where it appears to the court that the defender is suffering from a mental disorder.
(2) In an action to which this rule applies, the court shall, after the expiry of the period for lodging defences–
(a) appoint a curator ad litem to the defender; and
(b) where the facts set out in section 1(2)(d) of the Act of 1976 or section 117(3)(c) of the CP Act of 2004  (no cohabitation for  one year  with consent of defender to decree) are relied on–
(i) make an order for intimation of the ground of the action to the Mental Welfare Commission for Scotland; and
(ii) include in such an order a requirement that the Commission sends to the Deputy Principal Clerk a report indicating whether in its opinion the defender is capable of deciding whether or not to give consent to the granting of decree.
(3) Within 7 days after the appointment of a curator ad litem under paragraph (2)(a), the pursuer shall send to him a copy of the summons and any defences lodged (including any adjustments and amendments).
(4) On receipt of a report required under paragraph (2)(b)(ii), the Deputy Principal Clerk shall–
(a) cause the report to be lodged in process; and
(b) give written intimation that this has been done to–
(i) the pursuer;
(ii) the agent for the defender, if known; and
(iii) the curator ad litem
(5) The curator ad litem shall lodge in process one of the writs mentioned in paragraph (6)–
(a) within 14 days after the report required under paragraph (2)(b)(ii) has been lodged in process; or
(b) where no such report is required, within 21 days after the date of his appointment under paragraph (2)(a).
(6) The writs referred to in paragraph (5) are–
(a) defences to the action;
(b) a minute adopting defences already lodged in process; and
(c) a minute stating that the curator ad litem does not intend to lodge defences.
(7) Notwithstanding that he has lodged a minute stating that he does not intend to lodge defences, a curator ad litem may appear at any stage of the action to protect the interests of the defender.
(8) If, at any time, it appears to the curator ad litem that the defender is not suffering from mental disorder, he may report that fact to the court and seek his own discharge.
(9) The pursuer shall be responsible, in the first instance, for payment of the fees and outlays of the curator ad litem incurred during the period from his appointment until–
(a) he lodges a minute stating that he does not intend to lodge defences;
(b) he decides to instruct the lodging of defences or a minute adopting defences already lodged; or
(c) being satisfied after investigation that the defender is not suffering from mental disorder, he is discharged.
49.18 
An application for a sist, or there call of a sist, under Schedule 3 to the Domicile and Matrimonial Proceedings Act 1973 shall be made by motion.
49.18A 

(1) Schedule 3 to the Act of 1973 (sisting of consistorial actions in Scotland) shall apply to actions for dissolution of civil partnerships, separation of civil partners or declarator of nullity of civil partnerships subject to the following modifications:–
(a) for “consistorial action”, wherever it appears, there shall be substituted “action concerning a civil partnership”;
(b) for “divorce”, wherever it appears there shall be substituted “dissolution of a civil partnership”;
(c) for “separation”, wherever it appears, there shall be substituted “separation of civil partners”;
(d) for “declarator of nullity of marriage”, wherever it appears, there shall be substituted “declarator of nullity of a civil partnership”;
(e) for “marriage”, wherever it appears, there shall be substituted “civil partnership”;
(f) for “spouse”, wherever it appears, there shall be substituted “civil partner”;
(g) in paragraph 2 “declarator of marriage” shall be omitted;
(h) in paragraph 8(b) for “marriage was contracted” there shall be substituted “civil partnership was registered”;
(i) in paragraphs 4(a), 7, and 9(4) “or in a sheriff court” shall be omitted;
(j) in paragraph 8 “or in the Sheriff Court” shall be omitted;
(k) in paragraph 9(1) “or in a sheriff court” shall be omitted.
(2) An application for a sist or a recall of a sist under Schedule 3 to the Act of 1973 as it applies under paragraph (1) shall be made by motion.
49.19 

(1) Where, in an action of divorce, or separation in which the facts in section 1(2)(d) of the Act of 1976, or dissolution of a civil partnership or separation of civil partners in which the facts in section 117(3)(d) of the CP Act of 2004, (no cohabitation for  one year  with consent of defender to decree) are relied on, the defender wishes to consent to the grant of decree–
(a) of divorce or separation he shall do so by giving notice in writing in Form 49.14–B (divorce) or Form 49.14–D (separation), as the case may be; or
(b) of dissolution of a civil partnership or separation of civil partners, he shall do so by giving notice in writing in Form 49.14A–B (dissolution) or Form 49.14A–D (separation of civil partners), as the case may be;
to the Deputy Principal Clerk.
(2) The evidence of one witness shall be sufficient for the purpose of establishing that the signature on a notice of consent under paragraph (1) is that of the defender.
(3) In an action of divorce, separation, dissolution of a civil partnership, or separation of civil partners where the summons includes for the purposes of section 1(2)(d) of the Act of 1976, or section 117(3)(d) of the CP Act of 2004, as the case may be, an averment that the defender consents to the grant of decree, the defender may give notice by letter to the Deputy Principal Clerk stating that he has not so consented or that he withdraws any consent which he has already given.
(4) On receipt of a letter under paragraph (3), the Deputy Principal Clerk shall–
(a) cause the letter to be lodged in process; and
(b) give written intimation of the terms of the letter to the pursuer.
(5) On receipt of an intimation under paragraph (4)(b), the pursuer may, within 14 days after the date of the intimation, if none of the other facts mentioned in section 1(2) of the Act of 1976 or section 117(3) of the CP Act of 2004, as the case may be,  is averred in the summons, apply by motion for the action to be sisted.
(6) If no such motion is enrolled, the pursuer shall be deemed to have abandoned the action and the action shall be dismissed.
(7) If a motion under paragraph (5) is granted and the sist is not recalled or renewed within a period of 6 months from the date of the interlocutor granting the sist, the pursuer shall be deemed to have abandoned the action and the action shall be dismissed.
49.20 

(1) In a family action, in relation to any matter affecting a child, where that child has–
(a) returned Form 49.8-N, or
(b) otherwise indicated to the court a wish to express views on a matter affecting him,
the court shall not grant any order unless an opportunity has been given for the views of that child to be obtained or heard.
(2) Where a child has indicated his wish to express his views, the court shall order such steps to be taken as it considers appropriate to ascertain the views of that child.
(3) The court shall not grant an order in a family action, in relation to any matter affecting a child who has indicated his wish to express his views, unless due weight has been given by the court to the views expressed by that child, having regard to his age and maturity.
49.21 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49.22 

(1) This rule applies where, at any stage of a family action, the court appoints–
(a) a local authority, whether under section 11(1) of the Matrimonial Proceedings (Children) Act 1958 (reports as to arrangements for future care and upbringing of children) or otherwise, or
(b) another person (referred to in this rule as a “reporter”), whether under a provision mentioned in sub-paragraph (a) or otherwise,
to investigate and report to the court on the circumstances of a child and on proposed arrangements for the care and upbringing of the child.
(2) On making an appointment referred to in paragraph (1), the court shall direct that the party who sought the appointment or, where the court makes the appointment at its own instance, the pursuer or minuter, as the case may be, shall–
(a) instruct the local authority or reporter; and
(b) be responsible, in the first instance, for the fees and outlays of the local authority or reporter appointed.
(3) Where a local authority or reporter is appointed–
(a) the party who sought the appointment, or
(b) where the court makes the appointment at its own instance, the pursuer or minuter, as the case may be,
shall, within 7 days after the date of the appointment, intimate the name and address of the local authority or reporter to any local authority to which intimation of the family action has been made.
(4) The local authority or reporter, as the case may be, shall, on completion of a report referred to in paragraph (1), send the report, and a copy of it for each party, to the Deputy Principal Clerk.
(5) On receipt of such a report, the Deputy Principal Clerk shall–
(a) cause the report to be lodged in process; and
(b) give written intimation to each party that this has been done and that he may uplift a copy of the report from process.
(6) Where a local authority or reporter has been appointed to investigate and report in respect of a child, an application for  a section 11 order in respect  of that child shall not be determined until the report of the local authority or the reporter, as the case may be, has been lodged in process.
49.23 
In any family action in which  an order in relation to parental responsibilities or parental rights is in issue, the court may, at any stage of the action where it considers it appropriate to do so ..., refer  that issue  to a  mediator accredited to a specified family mediation organisation .
49.24 

(1) An application for an order under section 33(1) of the Family Law Act 1986 (which relates to the disclosure of the whereabouts of a child) shall be made by motion.
(2) Where the court makes an order under section 33(1) of the Family Law Act 1986, it may ordain the person against whom the order has been made to appear before it or to lodge an affidavit.
49.25 

(1) An application for leave under section 51(1) of the Act of 1975 (authority to remove a child from the care and possession of the applicant for  a residence order ) or for an order under section 35(3) of the Family Law Act 1986 (application for interdict or interim interdict prohibiting removal of child from jurisdiction)–
(a) by a party, shall be made by motion;
(b) by a person other than a party, shall be made by minute in the process of that action.
(2) An application under section 35(3) of the Family Law Act 1986 need not be served or intimated.
(3) An application under section 23(2) of the Child Abduction and Custody Act 1985 (declarator that removal of child from United Kingdom was unlawful) shall be made–
(a) in an action depending before the court–
(i) by a party, in the summons, defences or minute, as the case may be, or by motion; or
(ii) by any other person, by minute; or
(b) after final decree, by minute in the process of the action to which the application relates.
49.26 

(1) Where the court, at its own instance or on the motion of a party, is considering making  a contact order or an interim contact order  subject to supervision by the social work department of a local authority, it shall ordain the party moving  for such an order  to intimate to the chief executive of that local authority (unless a party to the action and represented at the hearing at which the issue arises)–
(a) the terms of any relevant motion;
(b) the intention of the court to order that  the contact order  be supervised by the social work department of that local authority; and
(c) that the local authority shall, within such period as the court has determined–
(i) notify the Keeper of the Rolls whether it intends to make representations to the court through counsel or other person having a right of audience or in writing; and
(ii) where it intends to make representations in writing, ... do so within that period.
(2) After receiving notice or written representations, as the case may be, under paragraph (1)(c), the Keeper of the Rolls shall put the action out on the By Order Roll before the Lord Ordinary on such a date as may be convenient, for the court to determine, after considering any representations of a local authority under paragraph (1), whether to order such supervision.
49.27 
Where any parties have reached agreement in relation to–
(a) a a section 11 order,
(b) aliment for a child, or
(c) an order for financial provision,a joint minute may be entered into expressing that agreement;  and, subject to rule 49.20(3) (no order before views of child expressed), the court  may grant decree in respect of those parts of the joint minute in relation to which it could otherwise make an order, whether or not such a decree would include a matter for which there was no conclusion or crave.
49.27A 
Where in any family action a curator ad litem is appointed to a child, the pursuer shall be responsible, in the first instance, for payment of the fees and outlays of the curator ad litem incurred during the period from his appointment until the occurrence of any of the following events—
(a) the lodging of a minute by the curator stating that he does not intend to lodge defences;
(b) the curator instructing the lodging of defences or a minute adopting defences which are already lodged; or
(c) the discharge, before the occurrence of the events mentioned in sub-paragraphs (a) and (b), of the curator.
49.27B 

(1) An application after final decree for a corrected gender recognition certificate under section 6 of the Act of 2004 shall be made by minute in the process of the action in which the full gender recognition certificate was issued.
(2) Where the court issues a corrected gender recognition certificate, the Deputy Principal Clerk shall send a certified copy of the certificate to the Secretary of State.
49.27C 
An application under section 3A(1) (application for postponement of decree where ... impediment  to religious marriage  exists) or section 3A(4) (application for recall of postponement) of the Act of 1976 shall be made by minute in the process of the action to which the application relates.
PART II
49.28 

(1) This rule–
(a) subject to sub-paragraph (b), applies to all family actions in which no defences have been lodged, other than a family action–
(i) for  a section 11 order or for  aliment;
(ii) for financial provision after an overseasdivorce or annulment within the meaning of Part IV of the Matrimonial and Family Proceedings Act 1984; or
(iii) for an order under the Act of 1981;
(iv) for financial provision after overseas proceedings to dissolve or annul a civil partnership within the meaning of Schedule 11 to the CP Act of 2004; or
(v) for an order under Chapter 3 or 4 of Part 3 of the CP Act of 2004;
(vi) for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of section 7(9) of the Domicile and Matrimonial Proceedings Act 1973;
(vii) for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of paragraph 1 of Schedule 1B to the Domicile and Matrimonial Proceedings Act 1973, or of a judgment to which paragraph 2(1)(b) of that Schedule refers.
(b) applies to a family action in which a curator ad litem has been appointed under rule 49.17(2)(a) where the curator ad litem to the defender has lodged a minute intimating that he does not intend to lodge defences;
(c) applies to any family action which proceeds at any stage as undefended where the court so directs;
(d) applies to the merits of a family action which is undefended on the merits where the court so directs, notwithstanding that the action is defended on an ancillary matter.
(2) Unless the court otherwise directs, evidence shall be given by affidavit.
(3) Unless the court otherwise directs, evidence relating to the welfare of a child shall be given by affidavit, at least one affidavit being sworn by a person other than a parent or party to the action.
(4) Evidence in the form of a written statement bearing to be the professional opinion of a duly qualified medical practitioner, which has been signed by him and lodged in process, shall be admissible in place of parole evidence by him.
(5) Rule 36.8  (lodging of certain written statements)  shall not apply in an undefended family action to which this rule applies.
49.29 

(1) In an action to which rule 49.28 (evidence in certain undefended family actions) applies, if counsel or other person having a right of audience, on consideration of the available affidavits and support in documents, is satisfied that a motion for decree may properly be made, he may, at any time after the expiry of the period for lodging defences, move the court by minute in Form 49.29–A to grant decree in terms of the conclusions of the summons or in such restricted terms as may be appropriate.
(2) On lodging such a minute in process, the pursuer shall–
(a) lodge in process the documents specified in the schedule to the minute; and
(b) send to the Deputy Principal Clerk, Form 49.29–B duly completed.
(3) The court may, at any time after the minute and other documents referred to in paragraph (2) have been lodged, without requiring the appearance of counsel or other person having a right of audience–
(a) grant decree in terms of the motion for decree contained in the minute; or
(b) put the action out on the By Order Roll before the Lord Ordinary for such further procedure, if any, including proof by parole evidence, as the court thinks fit.
(4) Notice shall be given in the rolls of all decrees granted under paragraph (3)(a).
49.30 
A defender may not bring any proceedings for the suspension of any decree of divorce or dissolution of a civil partnership  pronounced in an undefended action.
PART III
49.31 

(1) This rule applies where the defender in a family action seeks–
(a) to oppose any conclusion in the summons;
(b) to make a claim for–
(i) aliment;
(ii) an order for financial provision within the meaning of section 8(3) of the Act of 1985; or
(iii) a section 11 order; or
(c) an order–
(i) under section 16(1)(b) or (3) of theAct of 1985 (setting aside or varying agreement as to financial provision);
(ii) under section 18 of the Act of 1985 (which relates to avoidance transactions); or
(iii) under the Act of 1981; or
(iv) under Chapter 3 or 4 of Part 3 of the CP Act of 2004
(d) to challenge the jurisdiction of the court.
(2) In an action to which this rule applies, the defender shall–
(a) lodge defences to the action in process; and
(b) make any claim or seek any order, as the case may be, referred to in paragraph (1) in those defences by setting out in those defences–
(i) conclusions;
(ii) averments in the answers to the condescendence in support of those conclusions; and
(iii) appropriate pleas-in-law.
49.32 
Notwithstanding abandonment by a pursuer, the court may allow a defender to pursue an order or claim sought in his defences; and the proceedings in relation to that order or claim shall continue in dependence as if a separate cause.
49.33 

(1) Chapter 22 (making up and closing records) shall not apply to a family action.
(2) The court shall, 14 days after the date on which defences were lodged, or a minute by a person on whom intimation has been made under rule 49.8, 49.9, or 49.15 was lodged, pronounce an interlocutor allowing the parties a proof of their respective averments.
(3) Notwithstanding the pronouncement of an interlocutor under paragraph (2), the parties may adjust their respective pleadings until 28 days before the diet of proof; and any such adjustments shall be written on the summons, defences or minute, as the case may be.
(4) Not earlier than 28 days after the allowance of proof, the court may, on cause shown, withdraw the allowance of proof and appoint the action to the Procedure Roll.
(5) The pursuer shall, within 7 days after the end of the adjustment period under paragraph (3) or the appointment of the action to the Procedure Roll, as the case may be–
(a) subject to rule 49.68 (procedure for minutes in causes under the Act of 1981) or rule 49.71E (procedure for minutes in causes under Chapters 3 and 4 of Part 3 of the CP Act of 2004) as the case may be, make up a copy of the adjusted pleadings in the form of a record;
(b) send not less than three copies of the record to every other party; and
(c) not later than 48 hours before the diet of proof or hearing on the Procedure Roll, as the case may be, lodge two copies of the record in process.
49.34 

(1) In a family action, the court may, at any time while the action is depending, make an order with such conditions, if any, as it thinks fit, allowing a defender–
(a) to lodge defences to the action;  or
(b) to appear and be heard at a diet of proof although he has not lodged defences, but he shall not, in that event, be allowed to lead evidence without the pursuer’s consent.
(2) Where the court makes an order under paragraph (1)(a), the pursuer may recall a witness already examined or lead other evidence whether or not he closed his proof before that order was made.
PART IV
49.35 
This Part applies to actions of divorce, separation, declarator of nullity of marriage, dissolution of a civil partnership, separation of civil partners and declarator of nullity of a civil partnership.
49.36 

(1) An application for an order mentioned in paragraph (2) shall be made–
(a) by a conclusion in the summons or defences, as the case may be, in an action to which this Part applies; or
(b) where the application is made by a person other than the pursuer or defender, by minute in that action.
(2) The orders referred to in paragraph (1) are–
(a) an order for  a section 11 order; and
(b) an order for aliment for a child.
49.37 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49.38 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49.39 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49.40 

(1) An application by a party in an action depending before the court to which this Part applies for, or for variation of, an order for–
(a) interim aliment for a child under the age of 18, or
(b) an interim residence order or an interim contact order,
shall be made by motion.
(2) Written intimation of a motion under paragraph (1) shall be given to every other party not less than 7 days before the date on which the motion is enrolled.
49.41 

(1) An application after final decree for, or for the variation or recall of, a section 11 order other than a contact order shall be made by minute in the process of the action to which the application relates.
(2) Where  a minute has been lodged under paragraph (1), any party–
(a) may apply by motion for any interim order which may be made pending the determination of the application; and
(b) shall intimate any such motion to every other party not less than 7 days before the date on which the motion is enrolled.
49.42 

(1) An application after final decree for, or for the variation or recall of, a contact order shall be made by motion in the process of the action to which the application relates.
(2) A motion under paragraph (1) shall–
(a) include a brief statement of the reasons for the order sought, and
(b) be intimated by registered post or the first class recorded delivery service to–
(i) any person concerned or a solicitor known to be acting on behalf of that person, and
(ii) where appropriate, the local authority concerned, not less than 14 days before the date on which the motion is enrolled.
(3) On enrolling a motion under paragraph (1), the applicant shall lodge in process–
(a) a copy of the letter of intimation; and
(b) the Post Office receipt or certificate of posting of that letter.
(4) At the hearing of a motion under paragraph (1), the court may order that the application be made by minute; and, in such a case, shall make an order for the lodging of answers to the minute in process within such period as it thinks fit.
(5) Where the court makes an order under paragraph (4), any party may apply by motion for an interim order pending the determination of the application.
49.43 

(1) An application after final decree for, or for the variation or recall of, an order for aliment for a child shall be made by motion in the process of the action to which the application relates.
(2) A motion under paragraph (1) shall–
(a) include a brief statement of the reasons for the order sought; and
(b) be intimated by registered post or the first class recorded delivery service to any person concerned or a solicitor known to be acting on behalf of that person, not less than 14 days before the date on which the motion is enrolled.
(3) On enrolling a motion under paragraph (1), the applicant shall lodge in process–
(a) a copy of the letter of intimation;
(b) the Post Office receipt or certificate of posting of that letter; and
(c) written evidence of the earnings or other income of the applicant or, if not employed, written evidence of that fact.
(4) At the hearing of a motion under paragraph (1), the court may order that the application be made by minute; and, in such a case, shall make an order for the lodging of answers to the minute in process within such period as the court thinks fit.
(5) Where the court makes an order under paragraph (4), any party–
(a) may apply by motion for an interim order pending the determination of the application; and
(b) shall give written intimation of any such motion to every other party not less than 7 days before the date on which the motion is enrolled.
49.44 

(1) A person–
(a) to whom an obligation of aliment is owed under section 1 of the Act of 1985,
(b) in whose favour an order for aliment while under the age of 18 years was made in an action to which this Part applies, and
(c) who seeks, after attaining that age, an order for aliment against a person in that action against whom the order for aliment in his favour was made,
shall apply by minute in the process of that action.
(2) An application for interim aliment pending the determination of an application under paragraph (1) shall be made by motion.
(3) Where a decree has been pronounced in an application under paragraph (1) or (2), any application for variation or recall of any such decree shall be made by motion; and rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this paragraph as it applies to a motion under that rule.
PART V
49.45 

(1) This Part applies to an action of divorce, declarator of nullity of marriage, dissolution of a civil partnership, or declarator of nullity of a civil partnership.
(2) In this Part, “incidental order” has the meaning assigned in section 14(2) of the Act of 1985.
49.46 

(1) An application for an order mentioned in paragraph (2) shall be made–
(a) by a conclusion in the summons or defences, as the case may be, in an action to which this Part applies; or
(b) where the application is made by a person other than the pursuer or defender, by minute in that action.
(2) The orders referred to in paragraph (1) are–
(a) an order for financial provision within the meaning of section 8(3) of the Act of 1985;
(b) an order under section 16(1)(b) or (3) of the Act of 1985 (setting aside or varying agreement as to financial provision);
(c) an order under section 18 of the Act of 1985 (which relates to avoidance transactions); and
(d) an order under section 13 of the Act of 1981 (transfer or vesting of tenancy of a matrimonial home).
(e) an order under section 112 of the CP Act of 2004.
49.47 

(1) In an action depending before the court to which this Part applies–
(a) the pursuer or defender, notwithstanding rule 49.31(2) (application by defender for order for financial provision) and rule 49.46(1)(a) (application for order for financial provision in summons or defences), may apply by motion for an incidental order; and
(b) the court shall not be bound to determine such a motion if it considers that the application should properly be by a conclusion in the summons or defences, as the case may be.
(2) In an action depending before the court to which this Part applies, an application under section 14(4) of the Act of 1985 for the variation or recall of an incidental order shall be made by motion.
49.48 

(1) An application for, or for the variation or recall of, an order for interim aliment for the pursuer or defender shall be made by motion.
(2) Written intimation of a motion under paragraph (1) shall be given not less than 7 days before the date on which the motion is enrolled.
49.49 

(1) An application–
(a) after final decree under any of the following provisions of the Act of 1985–
(i) section 8(1) for periodical allowance,
(ii) section 12(1)(b) (payment of capital sum or tran sfer of property),
(iii) section 12(4) (variation of date or method of payment of capital sum or date of transfer of property), or
(iv) section 13(4) (variation, recall, backdating or conversion of periodical allowance), or
(b) after the grant or refusal of an application under–
(i) section 8(1) or 14(3) for an incidental order, or
(ii) section 14(4) (variation or recall of incidental order),
 shall be made by motion in the process of the action to which the application relates.
(2) Rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this rule as it applies to a motion under paragraph (1) of  that rule.
(3) An application under—
(a) paragraph (5) of section 12A of the Act of 1985 (recall or variation of order in respect of a pension lump sum), or
(b) paragraph (7) of that section (variation of order in respect of pension lump sum to substitute  person responsible for the pension arrangement),
shall be made by minute in the process of the action to which the application relates.
49.50 
An application for an order–
(a) under section 16(1)(a) or (3) of the Act of 1985 (setting aside or varying agreement as to financial provision), or
(b) under section 18 of the Act of 1985 (which relates to avoidance transactions),made after final decree shall be made by minute in the process of the action to which the application relates.
PART VI
49.51 

(1) An application for an order under section 18 of the Act of 1985 (which relates to avoidance transactions) by a party to a family action shall be made by including in the summons, defences or minute, as the case may be, appropriate conclusions, averments and pleas-in-law.
(2) An application for an order under section 18 of the Act of 1985 after final decree in a family action, shall be made by minute in the process of the action to which the application relates.
PART VII
49.52 
In this Part–
 “the Act of 1984” means the Matrimonial and Family Proceedings Act 1984;
 “order for financial provision” has the meaning assigned in section 30(1) of the Act of 1984;
 “overseas country” has the meaning assigned in section 30(1) of the Act of 1984.
49.53 

(1) An application under section 28 of the Act of 1984 for an order for financial provision after a divorce or annulment in an overseas country shall be made by summons.
(2) An application for an order in an action to which paragraph (1) applies–
(a) made before or after final decree under–
(i) section 13 of the Act of 1981 (transfer of tenancy of matrimonial home),
(ii) section 29(4) of the Act of 1984 for interim periodical allowance, or
(iii) section 14(4) of the Act of 1985 (variation or recall of an incidental order), or
(b) made after final decree under–
(i) section 12(4) of the Act of 1985 (variation of date or method of payment of capital sum or date of transfer of property),
(ii) section 13(4) of the Act of 1985 (variation, recall, backdating or conversion of periodical allowance), or
(iii) section 14(4) of the Act of 1985 (variation or recall of incidental order),
 shall be made by motion.
(3) Rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this rule as it applies to a motion under paragraph (2) of  that rule.
(4) An application under—
(a) paragraph (5) of section 12A of the Act of 1985 (recall or variation of order in respect of a pension lump sum), or
(b) paragraph (7) of that section (variation of order in respect of pension lump sum to substitute  person responsible for the pension arrangement),
shall be made by minute in the process of the action to which the application relates.
PART VIIA
49.53A 
In this Part—
 “order for financial provision” has the meaning given in paragraph 4 of Part 4 of Schedule 11 to the CP Act of 2004;
 “overseas proceedings” means proceedings in a country or territory outside the British Islands.
49.53B 

(1) An application under paragraph 2 of Schedule 11 to the CP Act of 2004 for an order for financial provision after a dissolution or annulment of a civil partnership in overseas proceedings shall be made by summons.
(2) An application for an order in an action to which paragraph (1) applies–
(a) made before or after final decree under–
(i) section 112 of the CP Act of 2004 (transfer of tenancy of family home);
(ii) paragraph 3(4) of Schedule 11 to the CP Act of 2004 (interim periodical allowance);
(iii) section 14(4) of the Act of 1985 (variation or recall of an incidental order); or
(b) made after final decree under—
(i) section 12(4) of the Act of 1985 (variation of date or method of payment of capital sum of date of transfer of property);
(ii) section 13(4) of the Act of 1985 (variation, recall, backdating or conversion of periodical allowance); or
(iii) section 14(4) of the Act of 1985 (variation or recall of incidental orders);
shall be made by motion.
(3) Rule 49.43 (applications after decree relating to aliment) shall apply to a motion under paragraph (2) of this rule as it applies to a motion under that rule.
(4) An application under–
(a) paragraph (5) of section 12A of the Act of 1985 (recall or variation of order in respect of a pension lump sum); or
(b) paragraph (7) of that section (variation of order in respect of pension lump sum to substitute person responsible for the pension arrangement);
 shall be made by minute in the process of the motion to which the application relates.
PART VIII
49.54 
In this Part, “action of aliment” means a claim for aliment under section 2(1) of the Act of 1985.
49.55 

(1) Where a motion for decree in absence is enrolled in an action of aliment, the pursuer shall, on enrolling the motion, lodge all documentary evidence of the means of the parties available to him in support of the amount of aliment sought.
(2) Where the court requires any appearance for the pursuer, the cause shall be put out for hearing on the Motion Roll.
49.56 

(1) An application for, or for the variation of, an order for interim aliment in an action of aliment depending before the court shall be made by motion.
(2) Written intimation of a motion under paragraph (1) shall be given not less than 7 days before the date on which the motion is enrolled.
(3) An application after final decree for the variation or recall of an order for aliment in an action of aliment shall be made by motion; and rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this paragraph as it applies to a motion under that rule.
(4) A person–
(a) to whom an obligation of aliment is owed under section 1 of the Act of 1985,
(b) in whose favour an order for aliment while made under the age of 18 years was made in an action of aliment, or
(c) who seeks, after attaining that age, an order for aliment against the person in that action against whom the order for aliment in his favour was made,
shall apply by minute in the process of that action.
(5) An application for interim aliment pending the determination of an application under paragraph (4) shall be made by motion.
(6) Where a decree has been pronounced in an application under paragraph (3) or (4), any application for variation or recall of any such decree shall be made by motion; and rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this paragraph as it applies to a motion under that rule.
49.57 
An application under section 7(2) of the Act of 1985 (variation or termination of agreement on aliment) shall be made by summons or in defences in a family action, as the case may be.
PART IX
49.58 
This Part applies to an application for a section 11 order in a family action other than in an action of divorce, separation, declarator of nullity of marriage, dissolution of a civil partnership, separation of civil partners, or declarator of nullity of a civil partnership.
49.59 
Subject to any other provision in this Chapter, an application for an order for any parental rights in respect of a child shall be made–
(a) by an action for parental rights,
(b) by a conclusion in the summons or defences, as the case may be, in any other family action to which this Part applies; or
(c) where the application is made by a person other than a party to an action mentioned in paragraph (a) or (b), by minute in that action.
49.60 
In an action for a section 11 order, the pursuer shall call as a defender–
(a) the parents or other parent of the child in respect of whom the order is sought;
(b) any guardian of the child;
(c) any person who has treated the child as a child of his family;
(d) any person who in fact exercises care or control in respect of the child; and
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49.61 

(1) An application, in an action depending before the court to which this Part applies, for, or for the variation or recall of,  an interim residence order or an interim contact order  shall be made by motion. 
(2) Written intimation of a motion under paragraph (1) shall be given not less than 7 days before the date on which the motion is enrolled.
49.62 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49.63 

(1) An application after final decree for the variation or recall of a section 11 order other than a contact order shall be made by minute in the process of the action to which it relates.
(2) Where a minute has been lodged under paragraph (1), any party–
(a) may apply by motion for an interim order pending the determination of the application; and
(b) shall intimate such a motion to every other party not less than 7 days before the date on which the motion is enrolled.
(3) An application after final decree for, or for the variation or recall of, a contact order shall be made by motion; and rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this paragraph as it applies to a motion under that rule.
PART X
49.64 
Unless the context otherwise requires, words and expressions used in this Part which are also used in the Act of 1981 have the same meaning as in that Act.
49.65 
Subject to any other provision in this Chapter, an application for an order under the Act of 1981 shall be made–
(a) by an action for such an order;
(b) by a conclusion in the summons or in defences, as the case may be, in any other family action; or
(c) where the application is made by a person other than a party to an action mentioned in paragraph (a) or (b), by minute in that action.
49.66 
The applicant for an order under the Act of 1981 shall call as a defender–
(a) where he is seeking an order as a spouse, the other spouse;
(b) where he is a third party making an application under section 7(1) (dispensing with consent of non-entitled spouse to a dealing), or section 8(1) (payment from non-entitled spouse in respect of loan), of the Act of 1981, both spouses; ...
(c) where the application is made under section 18 of the Act of 1981 (occupancy rights of cohabiting couples),or is one to which that section applies, the other partner; and
(d) where the application is made under section 18A of the Act of 1981 (application for domestic interdict) , the other partner.
49.67 

(1) An application under any of the following provisions of the Act of 1981 shall be made by motion:–
(a) section 3(4) (interim order for regulation of rights of occupancy etc.);
(b) section 4(6) (interim order suspending occupancy rights);
(c) section 5 (variation and recall of orders regulating occupancy rights and of exclusion order);
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) the proviso to section 18(1) (extension of period of occupancy rights).
(2) Written intimation of a motion under paragraph (1) shall be given not less than 7 days before the date on which the motion is enrolled–
(a) to the other spouse or partner, as the case may be;
(b) where the motion is under paragraph (1)(a), (b), (c) or (f) and the entitled spouse or partner is a tenant or occupies the matrimonial home by the permission of a third party, to the landlord or third party, as the case may be; and
(c) to any other person to whom intimation of the application was or is to be made by virtue of rule 49.8(1)(k) (warrant for intimation to certain persons in actions for orders under the Act of 1981) or 49.15 (orders for intimation by the court).
49.68 
Where an application is made by minute under rule 49.65(c) (form of application under the Act of 1981 by a person other than a party) and answers to that minute are lodged, the minute and answers shall not be included with the other pleadings in the action in any record, but shall be made up separately in the form of a record; and rule 49.33(5)(b) and (c) (lodging etc. of records) shall apply to that record as it applies to a record under that rule.
49.69 
Unless the court otherwise directs, the sist of an action by virtue of section 7(4) of the Act of 1981 (where action raised by non-entitled spouse to enforce occupancy rights) shall apply only to such part of the action as relates to the enforcement of occupancy rights by a non-entitled spouse.
49.70 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49.71 

(1) For the purposes of proof in any application for an order under the Act of 1981, evidence by affidavit shall be admissible in place of parole evidence.
(2) Rule 36.8 (conditions for receiving certain written statements in evidence) shall not apply in a cause to which paragraph (1) of this rule applies.
PART XA
49.71A 

(1) In this Part, unless the context otherwise requires, words and expressions used in this Part which are also used in Chapters 3 and 4 of Part 3 of the CP Act of 2004 have the meaning given in those Chapters.
49.71B 
Subject to any other provision in this Chapter, an application for an order under Chapter 3 or 4 of Part 3 of the CP Act of 2004 shall be made—
(a) by an action for such an order;
(b) by a conclusion in the summons or in defences, as the case may be, in any other family action; or
(c) where the application is made by a person other than a party to an action mentioned in paragraph (a) or (b), by minute in that action.
49.71C 
The applicant for an order under Chapter 3 or 4 of Part 3 of the CP Act of 2004 shall call as a defender–
(a) where he is seeking an order as a civil partner, the other civil partner; and
(b) where he is a third party making an application under section 107(1) (dispensing with the consent of non-entitled partner to a dealing), or section 108(1) (payment from non-entitled partner in respect of loan) of the CP Act of 2004, both partners.
49.71D 

(1) An application under any of the following provisions of the CP Act of 2004 shall be made by motion–
(a) section 103(4) (interim order for regulation of rights of occupancy etc.);
(b) section 104(6) (interim order suspending occupancy rights);
(c) section 105 (variation and recall or orders regulating occupancy rights and exclusion orders);
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Written intimation of a motion under paragraph (1) shall be given not less than 7 days before the date on which the motion is enrolled–
(a) to the other civil partner;
(b) where the motion is under paragraph (1)(a), (b), or (c) and the entitled partner is a tenant or occupies the family home by the permission of a third party, to the landlord or third party, as the case may be, and
(c) to any other person to whom intimation of the application was or is to be made by virtue of rule 49.8(1)(m) (warrant for intimation to certain persons in actions for orders (warrant for intimation to certain persons in actions for orders under Chapters 3 and 4 of Part 3 of the CP Act of 2004) or rule 49.15 (orders for intimation by the court).
49.71E 
Where an application is made by minute under rule 49.71B(c) (form of application under Chapter 3 or 4 of Part 3 of the CP Act of 2004) by a person other than a party and answers to that minute are lodged, the minute and answers shall not be included with the other pleadings in the action in any record, but shall be made up separately in the form of a record; and rule 49.33(5)(b) and (c) (lodging etc. of records) shall apply to that record as it applies to a record under that rule.
49.71F 
Unless the court otherwise directs, the sist of an action by virtue of section 107(4) of the CP Act 2004 (where the action raised by non-entitled partner to enforce occupancy rights) shall apply only to such part of the action as relates to the enforcement of occupancy rights by a non-entitled partner.
49.71G 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49.71H 

(1) For the purposes of proof in any application for an order under Chapter 3 or 4 of the CP Act of 2004, evidence by affidavit shall be admissible in place of parole evidence.
(2) Rule 36.8 (conditions for receiving certain written statements in evidence) shall not apply in a cause to which paragraph (1) of this rule applies.
PART XI
49.72 

(1) This Part applies to an application for divorce by a party to a marriage made in the manner prescribed in rule 49.73 (form of applications for simplified divorce) if, but only if—
(a) that party relies on the facts set out in section 1(2)(d) (no cohabitation for  one year  with consent of defender to decree), ... section 1(2)(e) (no cohabitation for  two  years) or section (1)(1)(b)(issue of interim gender recognition certificate), of the Act of 1976;
(b) in an application under section 1(2)(d) of the Act of 1976, the other party consents to decree of divorce being granted;
(c) no other proceedings are pending in any court which could have the effect of bringing the marriage to an end;
(d) there are no children of the marriage under the age of 16 years;
(e) neither party to the marriage applies for an order for financial provision on divorce; ...
(e) neither party to the marriage suffers from mental disorder; and
(g) neither party to the marriage applies for postponement of decree under section 3A of the Act of 1976 (postponement of decree where impediment to religious marriage exists).
(2) If an application ceases to be one to which this Part applies at any time before final decree, it shall be deemed to be abandoned and shall be dismissed.
(3) In this Part, “simplified divorce application” means an application mentioned in paragraph (1).
(4) The Principal Clerk shall give directions in relation to the administrative procedures to be followed on the lodging of a simplified divorce application for–
(a) the registration and service of such an application,
(b) having it brought before the court for consideration,
(c) in the event of decree of divorce being granted, for notification to the parties, and
(d) connected purposes;
and such directions shall have effect subject to the provisions of this Part.
49.73 

(1) A simplified divorce application in which the facts set out in section 1(2)(d) of the Act of 1976 (no cohabitation for  one year  with consent of defender to decree) are relied on shall be made in Form 49.73–A and shall only be of effect if–
(a) it is signed by the applicant; and
(b) the form of consent in Part 2 of Form 49.73–A is signed by the party to the marriage giving consent.
(2) A simplified divorce application in which the facts set out in section 1(2)(e) of the Act of 1976 (no cohabitation for  two  years) are relied on shall be made in Form 49.73–B and shall only be of effect if it is signed by the applicant.
(3) A simplified divorce application in which the facts set out in section 1(1)(b) of the Act of 1976 (grounds of divorce: interim gender recognition certificate) are relied on shall be made in Form 49.73– C and shall only be of effect if signed by the applicant.
49.74 

(1) The applicant shall send a simplified divorce application to the Deputy Principal Clerk with–
(a) an extract or certified copy of the marriage certificate; ...
(b) the appropriate fee ; and
(c) an application under section 1(1)(b) of the Act of 1976, the interim gender recognition certificate or a certified copy.
(2) Subject to the following rules of this Part, a simplified divorce application shall, on being registered in accordance with any directions made under rule 49.72(4), be treated as a summons in an action of divorce which has commenced.
49.75 

(1) On registration of a simplified divorce application where the address of the other party to the marriage is known, a clerk of session shall grant warrant for service of the application.
(2) On registration of an application in which the facts set out in section 1(2)(e) of the Act of 1976 (no cohabitation for  two  years) or section 1(1)(b) of the Act of 1976 (grounds of divorce: interim gender recognition certificate)  are relied on where the address of the other party to the marriage is not known to the applicant and cannot reasonably be ascertained–
(a) the Deputy Principal Clerk shall grant warrant for intimation of the application to–
(i) every child of the marriage, and
(ii) one of the next of kin of the other party who has reached the age of 16 years,
unless the address of such person is not known and cannot reasonably be ascertained; and
(b) the application shall thereafter be placed before the Lord Ordinary for such order under rule 16.5 (service where address of person is not known) as he thinks fit.
(3) A warrant granted under paragraph (1) or (2)(a) shall be sufficient authority for such service and intimation.
49.76 

(1) Subject to the following paragraphs, service of intimation of a simplified divorce application on a warrant granted under rule 49.75 on any person whose address is known to the applicant shall be made–
(a) by the Deputy Principal Clerk by post in accordance with rule 16.4 (service by post); or
(b) by a messenger-at-arms.
(2) In the application of Part I of Chapter 16 (service and intimation) to service or intimation under this rule, the following provisions of that Part of that Chapter shall not apply:–
 rule 16.1(3) (which relates to a party lodging a certificate of service in process),
 rule 16.3(1)(b) (form of citation and certificate of service by messenger-at-arms),
 rule 16.4(2)(b) (service by post by agent),
 rule 16.4(4) (form of citation in service by post).
(3) In the case of service of a simplified divorce application on the other party to the marriage under paragraph (1), the person executing service shall complete a citation in Form 49.76–A (no cohabitation for  one year  with consent to divorce) ... Form 49.76–B (no cohabitation for  two  years) or Form 49.76–BA (interim gender recognition certificate), as the case may be.
(4) In the case of intimation of a simplified divorce application on a person under paragraph (1), the person giving intimation shall complete a notice of intimation in Form 49.76–C.
(5) A certificate of service or intimation in Form 49.76–D (certificate by Deputy Principal Clerk) or Form 49.76–E (certificate by messenger-at-arms), as the case may be, shall be–
(a) completed by the person executing service or giving intimation;
(b) in the case of a certificate completed by a messenger-at-arms, sent to the Deputy Principal Clerk; and
(c) attached to the application by the Deputy Principal Clerk.
49.77 

(1) Any person on whom service or intimation of a simplified divorce application has been made may give notice by letter sent to the Deputy Principal Clerk within the period of notice that he challenges the jurisdiction of the court or opposes the grant of decree of divorce and giving the reasons for hisfi opposition to the application.
(2) Where opposition to a simplified divorce application is made under paragraph (1), the court shall dismiss the application unless it is satisfied that the reasons given for the opposition are frivolous.
(3) The Deputy Principal Clerk shall give written intimation of the decision under paragraph (2) to the applicant and the respondent.
(4) The sending of a letter under paragraph (1) shall not imply acceptance of the jurisdiction of the court.
49.78 

(1) Parole evidence shall not be given in a simplified divorce application.
(2) Rule 36.8 (conditions for receiving certain written statements in evidence) shall not apply in a simplified divorce application.
49.79 
A decree pronounced in a simplified divorce application may not be reclaimed against.
49.80 

(1) Any application to the court after decree of divorce has been granted in a simplified divorce application which could have been made if it had been an action of divorce shall be made by minute.
(2) On lodging a minute under paragraph (1), the minuter shall lodge a process.
PART XIA
49.80A 

(1) In this Part—
 “child of  the family” has the meaning given in section 12(4)(b) of the Act of 1995;
 “simplified dissolution application” means an application mentioned in paragraph (2).
(2) This Part applies to an application for dissolution of a civil partnership by a party to a civil partnership made in the manner prescribed in rule 49.80B (form of application for simplified dissolution of a civil partnership) if, but only if–
(a) that party relies on the facts set out in section 117(3)(c) (no cohabitation for  one year  with consent of defender to decree), section 117(3)(d) (no cohabitation for  two  years), or section 117(2)(b) (issue of a gender recognition certificate) of the CP Act of 2004,
(b) in an application under section 117(3)(c) of the CP Act of 2004, the other party consents to a decree of dissolution being granted;
(c) no other proceedings are pending in any court which could have the effect of bringing the civil partnership to an end;
(d) there are no children of the family under the age of 16 years;
(e) neither party to the civil partnership applies for an order for financial provision on dissolution of the civil partnership; and
(f) neither party to the civil partnership suffers from a mental disorder.
(3) If an application ceases to be one to which this Part applies at any time before final decree, it shall be deemed to be abandoned and shall be dismissed.
(4) The Principal Clerk shall give directions in relation to the administrative procedures to be followed on the lodging of a simplified dissolution application for–
(a) the registration and service of such an application;
(b) having it brought before the court for consideration;
(c) in the event of decree of dissolution of the civil partnership being granted, for notification to the parties; and
(d) connected purposes;
and such directions shall have effect subject to the provisions of this Part.
49.80B 

(1) A simplified dissolution application in which the facts set out in section 117(3)(c) of the CP Act of 2004 (no cohabitation for  one year  with consent of defender to decree) are relied on shall be made in Form 49.80B–A and shall only be of effect if—
(a) it is signed by the applicant; and
(b) the form of consent in Part 2 of Form 49.80B–A is signed by the party to the civil partnership giving consent.
(2) A simplified dissolution application in which the facts set out in section 117(3)(d) of the CP Act of 2004 (no cohabitation for  two  years) are relied on shall be made in Form 49.80B–B and shall only be of effect if signed by the applicant.
(3) A simplified dissolution application in which the facts set out in section 117(2)(b) of the CP Act of 2004 (issue of interim gender recognition certificate) are relied on shall be made in Form 49.80B–C and shall only be of effect if signed by the applicant.
49.80C 

(1) The applicant shall send a simplified dissolution application to the Deputy Principal Clerk with—
(a) an extract or certified copy of the certificate of civil partnership;
(b) the appropriate fee; and
(c) in an application under section 117(2)(b) of the CP Act of 2004, the interim gender recognition certificate or a certified copy.
(2) Subject to the following rules of this Part, a simplified dissolution application shall, on being registered in accordance with any directions made under rule 49.80A(4), be treated as a summons in an action of dissolution of a civil partnership which has commenced.
49.80D 

(1) On registration of a simplified dissolution application where the address of the other party to the civil partnership is known, a clerk of session shall grant warrant for service of the application.
(2) On registration of an application in which the facts set out in section 117(3)(d) (no cohabitation for  two  years) or section 117(2)(b) (issue of interim gender recognition certificate) of the Act of 2004 are relied on where the address of the other party to the civil partnership is not known to the applicant and cannot reasonably be ascertained—
(a) the Deputy Principal Clerk shall grant warrant for intimation of the application to–
(i) every child of the family, and
(ii) one of the next-of-kin of the other party who has reached the age of 16 years,
unless the address of such person is not known an cannot reasonably be ascertained; and
(b) the application shall thereafter be placed before the Lord Ordinary for such order under rule 16.5 (service where address of person is not known) as he thinks fit.
(3) A warrant granted under paragraph (1) or (2)(a) shall be sufficient authority for such service and intimation.
49.80E 

(1) Subject to the following paragraphs, service or intimation of a simplified dissolution application on a warrant granted under rule 49.80D on any person whose address is known to the applicant shall be made—
(a) by the Deputy Principal Clerk by post in accordance with rule 16.4 (service by post); or
(b) by a messenger-at-arms.
(2) In the application of Part I of Chapter 16 (service and intimations) to service and intimation under this rule, the following provisions of that Part of that Chapter shall not apply:–
 rule 16.1(3) (which relates to party lodging a certificate of service in process),
 rule 16.3(1)(b) (form of citation and certificate of service by messenger-at-arms),
 rule 16.4(2)(b) (service by post by agent),
 rule 16.4(4) (form of citation in service by post).
(3) In the case of service of a simplified dissolution application on the other party to the civil partnership under paragraph (1), the person executing service shall complete a citation in Form 49.80E–A (no cohabitation for  one year  with consent to divorce), Form 49.80E–B (no cohabitation for  two  years), or Form 49.80E–C (interim gender recognition certificate) as the case may be.
(4) In the case of intimation of a simplified dissolution application on a person under paragraph (1) the person giving intimation shall complete a notice of intimation in Form 49.80E–D.
(5) A certificate of service or intimation in Form 49.80E–E (certificate by Deputy Principal Clerk) or Form 49.80E–F (certificate by messenger-at-arms), as the case may be, shall be–
(a) completed by the person executing service or giving intimation;
(b) in the case of a certificate completed by a messenger-at-arms, sent to the Deputy Principal Clerk; and
(c) attached to the application by the Deputy Principal Clerk.
49.80F 

(1) Any person on whom service or intimation of a simplified dissolution application has been made may give notice by letter sent to the Deputy Principal Clerk within the period of notice that he challenges the jurisdiction of the court or opposes the grant of the decree of dissolution and giving the reasons for his opposition to the application.
(2) Where opposition to a simplified dissolution application is made under paragraph (1), the court shall dismiss the application unless it is satisfied that the reasons given for the opposition are frivolous.
(3) The Deputy Principal Clerk shall give written intimation of the decision under paragraph (2) to the applicant and the respondent.
(4) The sending of a letter under paragraph (1) shall not imply acceptance of jurisdiction of the court.
49.80G 

(1) Parole evidence shall not be given in a simplified dissolution application.
(2) Rule 36.8 (conditions for receiving certain written statements in evidence) shall not apply in a simplified dissolution application.
49.80H 
A decree pronounced in a simplified dissolution application may not be reclaimed against.
49.80I 

(1) Any application to the court after decree of dissolution has been granted in a simplifed dissolution application which could not have been made if it had been an action of dissolution of a civil partnership shall be made by minute.
(2) On lodging a minute under paragraph (1), the minuter shall lodge a process.
PART XII
49.81 
In this Part–
 “the Act of 1991” means the Child Support Act 1991;
 “child” has the meaning assigned in section 55 of the Act of 1991;
 “maintenance assessment” has the meaning assigned in section 54 of the Act of 1991.
49.82 
Where the Secretary of State is called as a defender in an action for declarator of non-parentage or illegitimacy, and the Secretary of State does not defend the action, no expenses shall be awarded against the Secretary of State.
49.83 
The Deputy Principal Clerk shall, on receiving notification that a maintenance assessment has been made, cancelled or has ceased to have effect so as to affect an order of a kind prescribed for the purposes of section 10 of the Act of 1991, endorse on the interlocutor sheet relating to that order a certificate in Form 49.83–A or 49.83–B, as the case may be.
49.84 

(1) Where an order relating to aliment is affected by a maintenance assessment, any extract of that order issued by the Extractor shall be endorsed with a certificate in Form 49.84–A.
(2) Where an order relating to aliment has ceased to have effect on the making of a maintenance assessment, and that maintenance assessment is later cancelled or ceases to have effect, any extract of that order issued by the Extractor shall be endorsed also with a certificate in Form 49.84–B.
PART XIII
49.85 

(1) This Part applies where the court, in a family action, refers a matter to the Principal Reporter under section 54 of the Act of 1995 (reference to the Principal Reporter by court).
(2) In this Part, “Principal Reporter” has the meaning assigned in section 93(1) of the Act of 1995.
49.86 
Where a matter is referred by the court to the Principal Reporter under section 54 of the Act of 1995, the clerk of court shall give written intimation of the interlocutor making the reference to the Principal Reporter; and that intimation shall specify which of the conditions in section 52(2)(a) to (h), (j), (k) or (l) of that Act it appears to the court have been satisfied.
49.87 

(1) Where a matter has been referred by the court to the Principal Reporter under section 54 of the Act of 1995 and the Principal Reporter, having made such investigation as he thinks appropriate and having reached the view that compulsory measures of supervision are necessary, arranges a children’s hearing under section 69 of that Act (continuation or disposal of referral by children’s hearing), the Principal Reporter shall give written intimation to the court which referred the matter to him of–
(a) the decision to arrange such children’s hearing;
(b) where there is no appeal made against the decision of that children’s hearing once the period for appeal has expired, the outcome of the children’s hearing; and
(c) where such an appeal has been made, that an appeal has been made and, once determined, the outcome of that appeal.
(2) Where a matter has been referred by the court to the Principal Reporter under section 54 of the Act of 1995 and the Principal Reporter, having made such investigation as he thinks appropriate and having considered whether compulsory measures of supervision are necessary, decides not to arrange a children’s hearing under section 69 of that Act, the Principal Reporter shall give written intimation of that decision to the court which referred the matter to him.
PART XIV
49.88 
Where the court has made an order under section 13 of the Act of 1995 (awards of damages to children), an application by a person for an order by virtue of section 11(1)(d) of that Act (administration of child’s property) may be made by minute in the process of the cause in which the order under section 13 of that Act was made.
PART XV
49.89 
In making an appointment under section 9(5)(a) or 11(2)(g) of the Act of 1995, or when it receives a report under the said section 11(2)(g), the court may give such directions as it thinks fit regarding the management of the property concerned, and it may from time to time, on the application of a judicial factor so appointed, of the Accountant of Court or of any other person having an interest, give further such directions.
PART XVA
49.90 
–
(1) The applicant for an order under section 29(2) of the Act of 2006 (application by survivor for provision on intestacy) shall call the deceased’s executor as a defender.
(2) An application under section 29(9) of the Act of 2006 for variation of the date or method of payment of the capital sum shall be made by minute in the process of the action to which the application relates.
(3) Words and expressions used in this Part shall have the same meaning as in section 29 of the Act of 2006.
PART XVI
49.91. 

(1) This rule applies to an action for declarator of recognition, or non-recognition, of  
(a) a decree of divorce, nullity or separation granted outwith a member state of the European Union.
(b) a decree of divorce, nullity or separation in respect of a same sex marriage when granted in a member state of the European Union.
(2) In an action to which this rule applies, the pursuer shall state in the condescendence of the summons—
(a) the court, tribunal or other authority which granted the decree;
(b) the date of the decree of divorce, annulment or separation to which the action relates;
(c) the date and place of the marriage to which the decree of divorce, nullity or separation relates;
(d) the basis on which the court has jurisdiction to entertain the action;
(e) whether to the pursuer’s knowledge any other proceedings whether in Scotland or in any other country are continuing in respect of the marriage to which the action relates or are capable of affecting its validity or subsistence; and
(f) where such proceedings are continuing—
(i) the court, tribunal or authority before which the proceedings have been commenced;
(ii) the date of commencement;
(iii) the names of the parties; and
(iv) the date, or expected date of any proof (or its equivalent), in the proceedings.
(3) Where—
(a) such proceedings are continuing;
(b) the action in the Court of Session is defended; and
(c) either—
(i) the summons does not contain the statement referred to in paragraph (2)(e), or
(ii) the particulars mentioned in paragraph (2)(f) as set out in the summons are incomplete or incorrect,
any defences or minute, as the case may be, lodged by any person to the action shall include that statement and, where appropriate, the further or correct particulars mentioned in paragraph (2)(f).
(4) Unless the court otherwise directs, a declarator of recognition, or non-recognition, of a decree under this rule shall not be granted without there being produced with the summons—
(a) the decree in question or a certified copy of the decree;
(b) the marriage extract or equivalent document to which the action relates.
(5) Where a document produced under paragraph (4)(a) or (b) is not in English it shall, unless the court otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit.
(6) For the purposes of this rule, proceedings are continuing at any time after they have commenced and before they are finally disposed of.
CHAPTER 50
50.1 
In this Chapter–
 “the Act of 1977” means the Presumption of Death (Scotland) Act 1977;
 “action of declarator” means an action under section 1(1) of the Act of 1977;
 “missing person” has the meaning assigned in section 1(1) of the Act of 1977.
50.2 

(1) The missing person shall be called as the defender in an action of declarator and service on that person shall be by advertisement in such newspaper or other publication as the court thinks fit of such of the facts relating to the missing person and set out in the summons as the court may specify.
(2) The period of notice where service is executed in accordance with  paragraph (1)  shall be 21 days from the date of publication of the advertisement unless the court otherwise orders.
(3) In the application of rule 16.5(3)(a) (form of advertisement) to service under paragraph (1) of this rule, for the reference to Form 16.5 there shall be substituted a reference to Form 50.2–A.
(4) Subject to paragraph (6), in the summons in an action of declarator, the pursuer shall insert a warrant for intimation to–
(a) the missing person's–
(i) spouse or civil partner, and
(ii) children or, if he has no children, nearest relative known to the pursuer.
(b) any person, including any insurance company, who so far as known to the pursuer, has any interest in the action, and
(c) the Lord Advocate,
in the following terms:– “Warrant for intimation to (name and address) as [husband or wife, child or nearest relative] [a person having an interest in the presumed death] of (name and last known address of the missing person) and to the Lord Advocate.”.
(5) A notice of intimation in Form 50.2–B shall be attached to the copy of the summons where intimation is given on a warrant under paragraph (4).
(6) The court may, on the motion of the pursuer, dispense with intimation on a person mentioned in paragraph (4)(a) or (b).
(7) Notwithstanding the reference in subsection 5 of section 1 of the Act of 1977 (person interested in seeking determination or appointment not sought by pursuer) to lodging a minute, an application under that subsection shall be made by lodging defences containing a conclusion for the determination or appointment sought, averments in the answers to the condescendence in support of that conclusion and an appropriate plea-in-law.
(8) On lodging defences under paragraph (7), the defender shall, as well as complying with rule 4.6 (intimation of steps of process)–
(a) send a copy of the defences by registered post or the first class recorded delivery service to each person to whom intimation of the action has been made under paragraph (4); and
(b) lodge in process a certificate of intimation of those defences by post in Form 16.4.
50.3 

(1) The pursuer in an action of declarator shall, on the expiry of the period for lodging defences and without any defences having been lodged indicating knowledge of the present whereabouts of the missing person, apply by motion–
(a) for such advertisement of the facts relating to the missing person set out in the summons in such newspapers or other publications as the court thinks fit; or
(b) to dispense with further advertisement.
(2) At any time before the determination of the action, the court may, at its own instance or on the motion of a party, make such order for further advertisement as it thinks fit.
50.4 
In an action of declarator where no defences have been lodged, the pursuer shall, after such further advertisment as may be ordered under rule 50.3, apply by motion for an order for a proof.
50.5 

(1) An application under section 4(1) of the Act of 1977 (variation or recall of decree) shall be made by minute in the process of the action to which the application relates.
(2) On the lodging of such a minute, the minuter shall apply by motion for an order–
(a) for service on the missing person, where his whereabouts have become known;
(b) for intimation to those persons mentioned in rule 50.2(4) or to dispense with intimation to a person mentioned in rule 50.2(4)(a) or (b); and
(c) for any answers to the minute to be lodged in process within such period as the court thinks fit.
(3) An application under section 4(3) of the Act of 1977 (person interested seeking determination or appointment not sought by applicant for variation order) shall be made by lodging answers containing a crave for the determination or appointment sought.
(4) A person lodging answers containing a crave under  paragraph (3)  shall, as well as sending a copy of the answers to the minuter–
(a) send a copy of the answers by registered post or the first class recorded delivery service to each person on whom service or intimation of the minute was ordered; and
(b) lodge in process a certificate of intimation of those answers by post in Form 16.4.
50.6 

(1) An application by a person for a direction under section 1(6) or 4(4) of the Act of 1977 (remit of action or application to the court) shall be made by petition.
(2) An action of declarator or an application which is remitted to the court under section 1(6) or 4(4) of the Act of 1977 shall proceed in the Outer House as if it were an action brought or an application made, as the case may be, in that court.
50.7 

(1) Rule 61.6 (documents relating to judicial factories for Accountant of Court) shall apply to an application for the appointment of a judicial factor under section 2(2)(c) or section 4(2) of the Act of 1977 as it applies to a petition for the appointment of a judicial factor.
(2) Where, in an action of declarator or an application under section 4(1) of the Act of 1977 (variation or recall of decree), a judicial factor on the estate of the missing person is appointed, the process shall forthwith be transmitted to, and retained by, the Petition Department; and the judicial factory shall proceed as if the judicial factor had been appointed in a petition for that purpose.
(3) In the application of rule 50.5 (applications for variation or recall of decrees) to an application under section 4(1) of the Act of 1977 in a cause transmitted to the Petition Department under paragraph (2), for references to a minute there shall be substituted references to a note.
CHAPTER 51
51.1 
This Chapter applies to an action of multiplepoinding.
51.2 

(1) An action of multiplepoinding may be brought by any person holding, or having an interest in, or claim on, the fund in medio, in his own name.
(2) The pursuer shall call as defenders to such an action–
(a) all persons so far as known to him as having an interest in the fund in medio; and
(b) where he is not the holder of the fund, the holder of that fund.
51.3 

(1) Where the pursuer is the holder of the fund in medio, he shall include a detailed statement of the fund in the condescendence annexed to the summons.
(2) Where the pursuer is not the holder of the fund in medio, the holder shall, unless he has lodged defences in accordance with rule 51.4 (objections to actions of multiplepoinding), lodge in process a condescendence of the fund in medio, stating–
(a) any claim or lien which he may profess to have on that fund, and
(b) all persons so far as known to him as having an interest in the fund,
within 7 days after the date on which the summons has called.
51.4 

(1) Any objection to an action of multiplepoinding on any ground shall be made by lodging defences.
(2) Where the holder of a fund in medio lodges defences under paragraph (1), he shall, notwithstanding his objection to the action, disclose all persons so far as known to him and reasonably ascertainable who have an interest in that fund.
(3) On defences being lodged under paragraph (1), the pursuer shall comply with rule 22.1 (making up open records); and the action shall proceed for the purpose of determining the objection stated in the defences as an ordinary action.
(4) Where the holder of the fund in medio has lodged defences, the court shall, on determining those defences without dismissing the action, ordain the holder of the fund to lodge a condescendence of the fund in medio stating any claim or lien which he may profess to have on that fund, within such period as it thinks fit.
51.5 

(1) The pursuer may–
(a) after the expiry of the period for lodging defences without defences having been lodged, or
(b) where defences have been lodged, after those defences have been repelled and, where an order is made under rule 51.4(4), the condescendence of the fund has been lodged,
apply by motion for the orders mentioned in paragraph (2).
(2) The orders referred to in paragraph (1) are–
(a) the ordaining of any objection to the condescendence of the fund in medio and claims on the fund to be lodged within such period as the court thinks fit; and
(b) advertisement of the call for any objection and claims in such newspapers or other publications and for such number of insertions as the court thinks fit.
(3) An advertisement ordered under paragraph (1) shall be in Form 51.5.
51.6 

(1) An objection to a condescendence of the fund in medio shall be made by lodging defences.
(2) A claim on the fund in medio shall be made in the form of a condescendence, claim and appropriate pleas-in-law.
(3) On lodging a condescendence and claim, a claimant shall lodge his ground of debt and all other documents supporting his claim.
(4) Where a person intends to–
(a) object to the condescendence on the fund in medio, and
(b) make a claim on the fund,
he shall lodge defences and a separate condescendence and claim.
51.7 

(1) Where defences are lodged under rule 51.6 (form of objection to condescendence and claims), an open record shall be made up on the condescendence and such objection, and the pursuer shall comply with rule 22.1 (making up open records); and the cause shall proceed for the purposes of determining the objection as an ordinary action.
(2) No order shall be pronounced in relation to any claims on the fund in medio until any defences under rule 51.6 have been disposed of and the condescendence of the fund in medio approved.
(3) Where the court disposes of defences, or where no defences have been lodged under rule 51.6, the court shall–
(a) approve the condescendence of the fund in medio, subject to such alteration as it may make in disposing of any objection;
(b) find the pursuer, or where he is not the holder of the fund, the holder, liable only in once and single payment;
(c) make such further order, if any, for claims as it thinks fit.
51.8 
The court may, at its own instance or on the motion of a party, at any time order–
(a) such advertisement of the dependence of the action as it thinks fit; and
(b) intimation of the dependence of the action to any person not called as a defender.
51.9 
Where the court orders advertisement or intimation under this Chapter, the party required to make such advertisement or intimation shall lodge in process, as the case may be–
(a) a copy of the newspaper or other publication containing the advertisement or a certificate of publication by the publisher stating the date of publication and the text of the advertisement; or
(b) the certificate of intimation.
51.10 

(1) On approval of the condescendence of the fund in medio, the holder of the fund may apply by motion for–
(a) a finding that he is entitled to his expenses out of the fund; and
(b) authority to consign the fund into court, after deduction of his expenses as taxed by the Auditor.
(2) Where consignation is made by virtue of an authority under paragraph (1)(b), the holder of the fund may apply by motion for his exoneration and discharge.
51.11 

(1) A claimant who fails to lodge his claim within the period specified in the order under rule 51.5(2)(a) (order for any objections and for claims) may apply by motion to have his claim received.
(2) The court may allow such a claim to be received on such conditions as to expenses, if any, as it thinks fit.
51.12 

(1) After the condescendence of the fund in medio has been approved, and it appears that there is no competition, the court may, on the motion of any claimant, rank and prefer the parties who have lodged claims.
(2) After the condescendence of the fund in medio has been approved and where there is competition–
(a) any party may apply by motion for an order to print a record in the competition and, on such an order being made, an open record shall be made up on the condescendences and claims and the pursuer shall comply with rule 22.1 (making up open records); and the action shall proceed for the purpose of determining the competition as an ordinary action; and
(b) during the period of adjustment, a claimant may adjust his condescendence to state any objection to any other claim.
(3) When pronouncing any decree of ranking on the fund in medio, the court may determine any question of expenses; and, where it finds any party entitled to expenses out of the fund in medio, notwithstanding rule 42.1(1)(b) (decerniture for expenses as taxed) it shall not at the same time decern for payment of those expenses.
51.13 

(1) No decree for payment out of the fund in medio, whether consigned into court or not, following an order for ranking (whether for aught yet seen or otherwise) shall be made until–
(a) all accounts of expenses found payable out of the fund in medio have been taxed and the report of the Auditor on those accounts  has  been approved; and
(b) the certificate referred to in rule 8.1(1)(b) (Inland Revenue certificate of taxes or duties paid) has been lodged.
(2) Where the fund in medio has been consigned into court, any decree for payment out of the fund shall include–
(a) warrant to the bank, on production of a certified copy of the interlocutor granting decree, to pay to each party the sums for which he has been ranked; and
(b) warrant to the Accountant of Court, on production of a certified copy of the interlocutor granting decree, to endorse and deliver the consignation receipt to the bank in order that the payments may be made.
51.14 

(1) A claimant, who has failed to lodge his claim on the fund in medio before a ranking for aught yet seen, may reclaim against the interlocutor making such ranking at any time while the action is depending.
(2) The Division of the Inner House before which a motion for review of an interlocutor is brought under paragraph (1) may recall that interlocutor and remit the cause to the Lord Ordinary to receive the claim on such conditions as to expenses, if any, as it thinks fit.
51.15 
Where the holder of the fund in medio has not been exonered and discharged, he may–
(a) following a decree for payment,
(b) on production of the receipts of the persons entitled to payment under that decree, and
(c) on consignation of any balance of the fund remaining,apply by motion for his exoneration and discharge.
CHAPTER 52
52.1 
In an action of proving the tenor, the pursuer shall call as a defender–
(a) any person having an interest in the document to be proved; or
(b) where only the pursuer has such an interest, the Lord Advocate as representing the public interest.
52.2 
On lodging the summons for signeting, supporting documentary evidence of the tenor of the document to be proved in an action of proving the tenor, so far as in the possession or control of the pursuer, shall be lodged in process.
52.3 

(1) In an action of proving the tenor in which no defences have been lodged, evidence shall be given by affidavit unless the court otherwise directs.
(2) In an action to which paragraph (1) applies, if counsel or other person having a right of audience, on consideration of the available affidavits and supporting documents, is satisfied that a motion for decree may properly be made, he may move the court by minute in Form 52.3 to grant decree in terms of the summons.
(3) The court may, on consideration of the minute, affidavits and any other supporting documents, without requiring appearance–
(a) grant decree in terms of the minute; or
(b) put the action out by order for further procedure, if any, including proof by parole evidence, as the court thinks fit.
CHAPTER 53
53.1 
In an action where real or personal diligence may proceed on a document sought to be reduced in the action, the pursuer may include in the summons, in relation to that diligence, conclusions for suspension, interdict, and liberation as circumstances may require.
53.2 

(1) In an action in which reduction of a decree, order, decision or warrant of whatever nature of an inferior court or tribunal is concluded for, intimation of the action shall be made to the clerk of that court or tribunal.
(2) In an action to which paragraph (1) applies, the pursuer shall insert a warrant for intimation in the summons in the following terms:– “Warrant to the (designation of the clerk of the relevant court or tribunal) being the court [or tribunal] in which the decree [or as the case may be] was granted [or made] which is sought to be reduced in this action.”.
(3) A notice of intimation in Form 53.2 shall be attached to the copy of the summons where intimation is given on a warrant under paragraph (2).
(4) An interlocutor granting reduction in an action to which paragraph (1) applies shall include a direction to the clerk of court to send a copy of thfi e interlocutor to the clerk of the inferior court or tribunal to whom intimation of the action was made.
(5) Where such an interlocutor is reclaimed against or appealed to the  Supreme Court, the reclaimer or appellant, as the case may be, shall give written intimation of that fact to the clerk of the inferior court or tribunal forthwith after the reclaiming motion has been marked or  the notice of appeal to the Supreme Court has been filed, as the case may be.
(6) The interlocutor disposing of such a reclaiming motion or giving effect to the judgment of the  Supreme Court  shall include a direction to the clerk of court to send a copy of that interlocutor to the clerk of the inferior court or tribunal to whom intimation of the action was made.
53.3 

(1) Where a defender objects to satisfying a conclusion for production of a document sought to be reduced in an action, he shall state in his defences–
(a) his grounds of objection; and
(b) any defence on the merits of the action.
(2) Where a defender objects to satisfying such a conclusion, he shall not be required to satisfy production at the time of lodging his defences.
(3) Where the court repels or reserves an objection to satisfying a conclusion for production, it shall, in the interlocutor repelling or reserving such objection, ordain the defender to satisfy production within such period as it thinks fit.
(4) Where–
(a) the defender obtempers an order made under paragraph (3), he shall, on lodging in process any such document as is in his possession or within his control, apply by motion to hold production either satisfied or satisfied in respect of the document lodged, as the case may be; or
(b) the defender fails to obtemper an order made under paragraph (3), the pursuer may apply by motion for decree by default.
53.4 

(1) Where a defender does not state an objection against satisfying a conclusion for production of a document sought to be reduced, he shall–
(a) on lodging his defences, lodge in process any such document as is in his possession or within his control; and
(b) apply by motion to hold production either satisfied or satisfied in respect of the document lodged.
(2) Where a defender–
(a) does not state an objection against satisfying a conclusion for production, and
(b) fails to comply with paragraph (1)(a),
the pursuer may apply by motion for decree by default.
53.5 

(1) Where a document, in respect of which reduction is concluded for, is in the possession or the control of the pursuer, he shall lodge it in process on lodging the summons for calling.
(2) The court may, at any stage of an action, ordain the pursuer to satisfy a conclusion for production of a document sought to be reduced.
(3) The pursuer shall, on lodging a document under paragraph (1) or (2), apply by motion to hold production satisfied.
(4) Where a pursuer fails to obtemper an order made under paragraph (2), the defender may apply by motion for dismissal of the action.
53.6 
In an action in which a conclusion for production has not been satisfied and parties enter into a joint minute in terms of which decree of reduction is to be pronounced–
(a) the document to be reduced shall be lodged in process with the joint minute; and
(b) the terms of the joint minute shall be such as to enable the court, when interponing authority to it, to hold production satisfied.
53.7 
The court may, with the consent of the parties, hold production satisfied by a copy of the document sought to be reduced.
53.8 
Where, in an action, a deed or other writing is founded on by a party, any objection to it may be stated by way of exception, unless the court considers that the objection would be more conveniently disposed of in a separate action of reduction.
CHAPTER 54
54.1 

(1) An application to the court under section 3 of the Defamation Act 1996 (which relates to offers to make amends) where proceedings for defamation have been taken shall be by minute lodged in the process of those proceedings.
(2) A minute lodged under paragraph (1) shall set out—
(a) the questions to be determined by the court; and
(b) the contentions of the minuter,
and shall have appended to it a copy of the offer to make amends.
54.2 
An application to the court under the said section 3 where proceedings for defamation have not been taken shall be by petition presented in the Outer House.
CHAPTER 55
55.1 

(1) This Chapter applies to any cause—
(a) under the Patents Act 1949;
(b) under the Registered Designs Act 1949;
(c) under the Defence Contracts Act 1958;
(d) under the Patents Act 1977;
(e) under the Copyright, Designs and Patents Act 1988;
(f) under the Trade Marks Act 1994;
(g) under the Olympics Association Right (Infringement Proceedings) Regulations 1995; or
(h) for the determination of a question relating to a patent under the inherent jurisdiction of the court, or
(i) involving a claim for passing off.
(2) In this Chapter–
 ...
 “the Act of 1949” means the Patents Act 1949;
 “the Act of 1977” means the Patents Act 1977;
 “the Comptroller” means the Comptroller-General of Patents, Designs and Trade Marks;
 “the Copyright Act of 1988” means the Copyright, Designs and Patents Act 1988;
 “existing patent” means a patent mentioned in section 127(2)(a) or (c) of the Act of 1977;
 “intellectual property cause” means a cause to which this Chapter applies and, except where the context otherwise requires, “cause” means an intellectual property cause;
 “intellectual property judge” means a judge nominated as such in accordance with rule 55.2 and, except where the context otherwise requires, “judge” means an intellectual property judge or such other judge before whom proceedings are brought in accordance with rule 55.2;
 “the Journal” means the journal published in accordance with rules made under section 123(6) of the Act of 1977;
 “patent” means an existing patent or a patent under the Act of 1977;
 “patentee” has the meaning assigned to it in section 101(1) of the Act of 1949.
 “preliminary hearing” means a hearing under rule 55.2E;
 “procedural hearing” means a hearing under rule 55.3.
55.2 
All proceedings in the Outer House in a cause to which this Chapter applies shall be brought before a judge of the court nominated by the Lord President as the intellectual property judge or, where the intellectual property judge is not available, any other judge of the court (including the vacation judge).
55.2A 
In a cause to which this Chapter applies, initiated—
(a) by summons, the pursuer shall, before presenting the summons to the General Department for signeting;
(b) by petition, the petitioner shall, before lodging the petition in the Petition Department,mark it distinctly in red, both on the first page and on the backing, with the words “Intellectual Property Cause”; and thereafter every step of process in the cause shall be so marked by the person lodging it.
55.2B. 

(1) The requirement in rule 4.1(4) for a step of process to be folded lengthwise does not apply in a cause to which this Chapter applies.
(2) An open record shall not be made up in, and Chapter 22 (making up and closing records) shall not apply to, an intellectual property cause initiated by summons unless otherwise ordered by a judge.
(3) The following rules shall not apply to an intellectual property cause—
 rule 6.2 (fixing and allocation of diets in Outer House),
 rule 14.8 (procedure where answers lodged),
 rule 25.1(3) (form of counterclaim),
 rule 25.2(1) (authority for diligence etc. on counterclaims),
 rule 36.3 (lodging productions).
55.2C. 

(1) Subject to the other provisions of this Chapter, the procedure in an intellectual property cause shall be such as the judge shall order or direct.
(2) All proceedings in an intellectual property cause shall, in the Outer House, be heard and determined on such dates and at such times as shall be fixed by the judge.
(3) The fixing of a hearing for a specified date in an intellectual property cause shall not affect the right of any party to apply by motion at any time under these Rules.
55.2D. 

(1) In an intellectual property cause, the following paragraphs apply without prejudice to any specific requirements laid down elsewhere in this Chapter.
(2) A summons in such a cause shall—
(a) specify, in the form of conclusions, the orders sought;
(b) identify the parties to the action and the transaction or dispute from which the action arises;
(c) specify any special capacity in which the pursuer is bringing the action or any special capacity in which the action is brought against the defender;
(d) summarise the circumstances out of which the action arises; and
(e) set out the grounds on which the action proceeds.
(3) A petition in such a cause shall specify, in the prayer of the petition, the orders sought and shall provide the same information as is specified in paragraph (2)(b) to (e) of this rule in relation to a summons.
(4) Defences (to a summons) and answers (to a petition) shall be in the form of answers to the summons or petition (as the case may be) with any additional statement of facts or legal grounds on which the defender or respondent intends to rely.
(5) A party seeking to lodge a counterclaim or serve a third party  motion  shall apply by notice to do so.
(6) The judge shall, on a motion to lodge a counterclaim or to serve a third party notice, make such order and give such directions as he thinks fit with regard to—
(a) the time within which a counterclaim may be lodged or a third party notice served and any answers lodged;
(b) where the motion is made before the preliminary hearing, a date for the preliminary hearing if it is to be a date other than the date referred to in rule 55.2E(1);
(c) any application for a warrant to use any form of diligence which would have been permitted under rule 14A.2 (application for interim diligence) had the warrant been sought in a summons in a separate action.
(7) Paragraph (2) of this rule shall apply to the form of a counterclaim as it applies to a summons.
(8) There shall be appended to any pleadings referred to in this rule a schedule listing the documents founded on or adopted as incorporated therein, which should also be lodged as an inventory of productions.
55.2E. 

(1) An intellectual property cause shall call for a preliminary hearing within 14 days after defences or answers (as the case may be) have been lodged.
(2) At the preliminary hearing, the judge—
(a) shall determine whether, to what extent and in what manner further specification of the claim and defences or answers should be provided;
(b) may—
(i) order a party to make detailed written pleadings, either generally or in relation to particular issues;
(ii) order one or more parties to make a statement of facts, either generally or in relation to particular issues;
(iii) allow a party to make an amendment to his pleadings;
(iv) order disclosure of the identity of witnesses and the existence and nature of documents relating to the cause or authority to recover documents, either generally or in relation to specific matters;
(v) order any party to lodge in process within a specified period documents constituting, evidencing or relating to the subject-matter of the cause or any invoices, correspondence or similar documents relating to it;
(vi) order each party to lodge in process, and send to every other party, a list of witnesses;
(vii) order any party to lodge in process reports of skilled persons or witness statements;
(viii) order any party to lodge in process affidavits relating to any of the issues in the cause;
(ix) except as provided for elsewhere in these Rules, order the cause to proceed to a hearing without any further preliminary procedure either in relation to the whole or any particular aspect of the cause;
(c) may fix the period within which any order under subparagraph (b) shall be complied with;
(d) may continue the preliminary hearing to a date to be appointed by him; and
(e) may make such other order as he thinks fit for the speedy determination of the cause.
(3) In an intellectual property cause the judge may ordain the pursuer to—
(a) make up a record; and
(b) lodge that record in process within such period as he thinks fit.
(4) At the conclusion of the preliminary hearing, the judge shall, unless he has made an order under paragraph (2)(b)(ix) (order to proceed without a further hearing), fix a date for a procedural hearing to determine further procedure.
(5) The date fixed under paragraph (4) for a procedural hearing may be extended on cause shown by application to the court, by motion, not less than two days prior to the date fixed for the procedural hearing.
55.3 

(1) In an intellectual property cause, not less than 3 days, or such other period as may be prescribed by the judge at the preliminary hearing, before the date fixed under rule 55.2E(4) for the procedural hearing, each party shall lodge in process and send to every other party—
(a) a written statement of his proposals for further procedure which shall state—
(i) whether he seeks to have any issue of law or fact (including validity, infringement, an application for amendment of a patent under section 75 of the Act of 1977, damages or other remedies sought) to be determined separately from any other issue;
(ii) whether he seeks to have the cause appointed to debate or to have the cause sent to proof on the whole or any part of it;
(iii) what the issues are which he considers should be sent to debate or proof; and
(iv) the estimated duration of any debate or proof;
(b) where it is sought to have the cause appointed to proof, a list of the witness which the party proposes to cite or call to give evidence, identifying the matters to which each witness will speak;
(c) where it is sought to have the cause appointed to proof, the reports of any skilled persons he proposes to call to give evidence;
(d) where it is sought to have the cause appointed to debate, a note of argument consisting of concise numbered paragraphs stating the legal propositions on which it is proposed to submit that any preliminary plea should be sustained or repelled, with reference to the principal authorities and statutory provisions to be founded on; and
(e) where it is sought to have any particular order made at a procedural hearing, a note giving written intimation of the order sought and the reason for seeking it.
(2) At the procedural hearing, the judge—
(a) shall determine whether to direct that any issue of law or fact (including validity, infringement, an application for amendment of a patent under section 75 of the Act of 1977, damages or other remedies sought) should be determined separately from any other issue;
(b) shall determine whether the cause should be appointed to debate or to proof on the whole or any part of it;
(c) shall determine whether to remit to the Patent Office for a Report and what the terms of the remit should be;
(d) where the cause is appointed to debate, or is sent to proof, may order that written arguments on any question of law should be submitted;
(e) where the cause is sent to proof, may determine whether evidence at the proof should be by oral evidence, the production of documents or affidavits on any issue;
(f) where the cause is sent to proof, may direct that parties serve on one another and lodge in process signed witness statements or affidavits from each witness whose evidence they intend to adduce, setting out in full the evidence which it is intended to take from that witness, and fix a timetable for the service (whether by exchange or otherwise) and lodging of such statements or affidavits as may be thought necessary;
(g) may direct that such witness statements or affidavits shall stand as evidence in chief of the witness concerned, subject to such further questioning in chief as the judge may allow;
(h) where the cause is sent to proof, may appoint parties to be heard By Order at a date prior to the proof date;
(i) may make an order regulating the making of any experiment, inspection, test or report;
(j) may make an order restricting the number or disciplines of expert witnesses to be called by each party;
(k) may direct that skilled persons should meet with a view to reaching agreement and identifying areas of disagreement, and may order them thereafter to produce a joint note, to be lodged in process by one of the parties, identifying areas of agreement and disagreement, and the basis of any disagreement;
(l) may determine, in the light of any witness statements, affidavits or reports produced, that proof is unnecessary on any issue;
(m) without prejudice to Chapter 12 (assessors), may appoint an expert to examine, on behalf of the court, any reports of skilled persons or other evidence submitted and to report to the court within such period as the judge may specify;
(n) may remit an issue to a person of skill appointed by the court;
(o) may fix a date by which, notwithstanding rule 36.3 (lodging productions for proofs) any documents intended to be relied on by a party shall be lodged in process or, if more appropriate, be intimated to all other parties with a view to those documents being lodged in process as part of an agreed bundle of documents;
(p) may make an order for parties to produce a joint bundle of productions arranged in chronological order or such other order as will assist in the efficient conduct of the proof;
(q) may fix a date by which a notice under rule 55.4 (notice to admit and notices of non-admission) shall be served;
(r) where the cause is sent to proof, may make an order fixing the time allowed for the examination and cross-examination of witnesses;
(s) may, on the motion of a party, direct the cause to be determined on the basis of written submissions, or such other material, without any oral hearing;
(t) may continue the procedural hearing to a date to be appointed by the judge;
(u) may order and fix a date for a further procedural hearing or fix a date for the hearing of any debate or proof; and
(v) may make such other order as the judge thinks fit.
(3) Chapter 28 (procedure roll) shall apply to a debate ordered in an intellectual property cause under this rule as it applies to a cause appointed to the Procedure Roll.
55.3A. 
Not less than two days prior to any hearing appointed under rule 55.3(2)(h) parties shall lodge in process an estimated timetable for the conduct of the proof together with a note of any issues which are to be addressed prior to the proof.
55.4 

(1) In an intellectual property cause, at any time after defences or answers have been lodged but not later than such date as has been fixed by the court at a  procedural  hearing, a party may intimate to any other party to the cause a notice or notices calling on him to admit for the purposes of that cause only–
(a) such facts relating to an issue averred in the pleadings as may be specified in the notice;
(b) that a particular document lodged in process and specified in the notice is–
(i) an original and properly authenticated document;
(ii) a true copy of an original and properly authenticated document; or
(iii) correct in the particular respects specified in the notice.
(2) Where a party on whom a notice has been served under paragraph (1)–
(a) does not admit any of the facts specified in the notice, or
(b) does not admit, or seeks to challenge, the authenticity or correctness of any document specified in the notice,
he shall, within 28 days after the date of intimation of the notice under paragraph (1), intimate a notice of non-admission to the party intimating the notice to him under paragraph (1) stating that he does not admit the fact or document specified.
(3) A party who fails to serve a notice of non-admission under paragraph (2) shall be deemed to have admitted the matters specified in the notice intimated to him under paragraph (1); and such matters may be used in evidence at a proof if otherwise admissible in evidence unless the court, on special cause shown, otherwise directs.
(4) A party who fails to intimate a notice of non-admission under paragraph (2) within 28 days after the notice to admit intimated to him under paragraph (1) shall be liable to the party intimating the notice to admit for the expenses of proving the matters specified in that notice unless the court otherwise directs.
(5) The party intimating a notice under paragraph (1) or (2) shall lodge a copy of it in process.
(6) A deemed admission under paragraph (3) shall not be used against the party by whom it was deemed to be made other than in the cause for the purpose of which it was deemed to be made or in favour of any person other than the party by whom the notice was given under paragraph (1).
(7) The court may, at any time, allow a party to amend or withdraw an admission made by him on such conditions, if any, as it thinks fit.
55.5 

(1) A patentee or the proprietor of a patent intending to apply to the court under section 30 of the Act of 1949 or section 75 of the Act of 1977 (which provide for leave to amend specification) shall give notice of his intention to the Comptroller and at the same time deliver to him a form of advertisement–
(a) identifying the proceedings depending before the court in which it is intended to apply for such leave;
(b) giving particulars of the amendment sought;
(c) stating the address of the applicant for service within the United Kingdom; and
(d) stating that any person intending to oppose the amendment who is not a party to the proceedings must, within 28 days after the appearance of the advertisement, give written notice of that intention to the applicant and to the Deputy Principal Clerk.
(2) On receipt of a form of advertisement under paragraph (1), the Comptroller shall cause the advertisement to be inserted once in the Journal.
(3) A person who gives notice of intention to oppose the amendment in accordance with the advertisement shall be entitled to be heard on the application subject to any order of the court as to expenses.
(4) Within 35 days after the appearance of the advertisement, the applicant shall make his application under section 30 of the Act of 1949 or section 75 of the Act of 1977, as the case may be, by motion intimated, with a copy of the specification certified by the Comptroller and showing in coloured ink the amendment sought, to–
(a) the Comptroller;
(b) every other party; and
(c) any person who has intimated his intention to oppose the amendment.
(5) On enrolling a motion under paragraph (4), the applicant shall lodge in process–
(a) a copy of the Journal containing the advertisement referred to in paragraph (2); or
(b) a certificate of publication by the publisher sfitating the date of publication and the text of the advertisement.
(6) At the hearing of a motion under paragraph (4)–
(a) where there is no opposition to the amendment sought, the court may–
(i) grant the application; or
(ii) make such order for further procedure as it thinks fit; or
(b) where there is opposition to the amendment sought, the court shall ordain the applicant to lodge a minute setting out the grounds of his application within such period as the court thinks fit, and allow any party or person opposing the amendment to lodge answers to the minute in process within a specified period.
(7) Within 7 days after the expiry of the time for lodging answers under paragraph (6)(b), the applicant shall apply by motion for an order for further procedure.
(8) On a motion under paragraph (7), the court may–
(a) grant the application;
(b) determine whether the motion shall be heard at the same time as the hearing of the cause depending before the court relating to the patent in question or at a different time;
(c) determine the manner in which evidence shall be given and, if the evidence is to be given by affidavit, the period within which affidavits must be lodged; or
(d) make such other order for further procedure as it thinks fit.
(9) Where the court allows the specification to be amended, the applicant shall forthwith–
(a) lodge with the Comptroller a certified copy of the interlocutor; and
(b) if so required by the court or the Comptroller, leave at the Patent Office a new specification and drawings as amended, prepared in compliance with the Act of 1949 or the Act of 1977, as the case may be, and any rules made under either of those Acts.
(10) On receiving the certified copy interlocutor under paragraph (9), the Comptroller shall cause it to be inserted at least once in the Journal.
55.5A 
At any time before final judgment, the intellectual property judge may, at his own instance or on the motion of any party, have an intellectual property cause put out for hearing for further procedure; and the intellectual property judge may make such order as he thinks fit.
55.5B. 
Any failure by a party to comply timeously with a provision in these Rules or any order made by the intellectual property judge in an intellectual property cause shall entitle the judge, at his own instance—
(a) to refuse to extend any period for compliance with a provision in these Rules or an order of the court;
(b) to dismiss the cause or counterclaim, as the case may be, in whole or in part;
(c) to grant decree in respect of all or any of the orders sought; or
(d) to make an award of expenses,as he thinks fit.
55.6 

(1) Subject to paragraph (2), an application under section 72 of the Act of 1977 (revocation of a patent) shall be made by petition.
(2) Where a cause is depending before the court between the same parties in relation to the patent in question, such an application may be made by counterclaim in that cause in accordance with rule 55.2D (pleadings in intellectual property causes).
55.7 

(1) In any cause in which it is alleged that a patent has been infringed, the person alleging infringement must aver in the petition or summons, as the case may be, particulars of the infringement relied on, showing which of the claims in the specification of the patent are alleged to have been infringed and giving at least one instance of each type of infringement alleged.
(2) Where, as a defence to such an allegation, it is averred that–
(a) at the time of the infringement there was in force a contract or licence relating to the patent made by or with the consent of the person alleging the infringement, and
(b) containing a condition or term void by virtue of section 44 of the Act of 1977,
the person stating that defence must aver particulars of the date of, and the parties to, each such contract or licence and particulars of each such condition or term.
55.8 

(1) A person who–
(a) brings an action under section 32 of the Act of 1949 or presents a petition under section 72 of the Act of 1977 for revocation of a patent, or
(b) being a party to an action relating to a patent–
(i) challenges the validity of the patent, or
(ii) applies by counterclaim in the action for revocation of the patent,
 shall aver the grounds on which the validity of the patent is challenged.
(2) Where the grounds in respect of which averments are required under paragraph (1) include–
(a) want of novelty, or
(b) want of any inventive step,
the averments shall include the matters mentioned in paragraph (3).
(3) The matters referred to in paragraph (2) are–
(a) the manner, time and place of every prior publication or use relied on; and
(b) where prior use is alleged–
(i) specification of the name of every person alleged to have made such use;
(ii) an averment as to whether such use is alleged to have continued until the priority date of the claim in question or of the invention, as the case may be, and, if not, the earliest and latest date on which such use is alleged to have taken place;
(iii) a description accompanied, if necessary, by drawings sufficient to identify such use; and
(iv) if such use relates to machinery or apparatus, an averment as to whether the machinery or apparatus is in existence and where it can be inspected.
(4) Where, in the case of an existing patent–
(a) one of the grounds on which the validity of the patent is challenged is that the invention, so far as claimed in any claim of the complete specification, is not useful, and
(b) it is intended, in connection with that ground, to rely on the fact that an example of the invention which is the subject of any such claim cannot be made to work, either at all or as described in the specification,
the averments shall specify that fact and identify each such claim and shall include particulars of each such example, specifying the respects in which it is alleged that it does not work or does not work as described.
55.9 
Where the Comptroller–
(a) declines to deal with a question under the following sections of the Act of 1977:–
(i) section 8 (entitlement to patents etc.),
(ii) section 12 (entitlement to foreign and convention patents),
(iii) section 37 (right to patent after grant), or
(iv) section 61(3) (infringement of patent),
(b) declines to deal with an application under section 40 of that Act (compensation of employees for certain inventions), or
(c) issues a certificate under section 72(7) of that Act (revocation of patent should be determined by the court),any person entitled to do so may, within 28 days after the decision of the Comptroller, apply by petition to have the question or application, as the case may be, determined by the court.
55.10 

(1) An application under section 40(1) or (2) of the Act of 1977 (compensation of employees for certain inventions) shall be made by summons commenced within the period which begins when the relevant patent is granted and which expires one year after it has ceased to have effect.
(2) Where a patent has ceased to have effect by reason of a failure to pay any renewal fee within the period prescribed for the payment of that fee and an application is made to the Comptroller under section 28 of the Act of 1977 (restoration of lapsed patent), the period within which the application by summons is to be made shall–
(a) if restoration is ordered, continue as if the patent has remained continuously in effect; or
(b) if restoration is refused, be treated as if expiring one year after the patent ceased to have effect or 6 months after the refusal, whichever is the later.
55.11 
A reference or application under any of the following provisions shall be made by petition:–
(a) a reference under–
(i) section 48 of the Act of 1949 or section 58 of the Act of 1977 (which provide for disputes as to Crown use);
(ii) paragraph 3 of Schedule 1 to the Registered Designs Act 1949 (disputes as to Crown use);
(iii) section 4 of the Defence Contracts Act 1958 (payments for use and determination of disputes);
(iv) section 251(1) (design right matters), or section 252(1) (disputes as to Crown use), of the Act of 1988; and
(b) an application under section 45(3) of the Act of 1977 (variation of certain contracts).
55.12 

(1) Subject to paragraph (2), an application under section 20(1) of the Registered Designs Act 1949 (rectification of Register of Designs) or section 34(1) of the Act of 1977 (rectification of Register of Patents) shall be made by petition.
(2) Where a cause for infringement of a patent is depending before the court, an application mentioned in paragraph (1) may be made by counterclaim in that cause in accordance with rule 55.2D (pleadings in intellectual property causes).
(3) In an application under section 34(1) of the Act of 1977, the applicant shall intimate the application to the Comptroller, who may lodge answers in process and be heard on the application.
55.13 

(1) Where, in any cause, an infringement of ... a registered design is alleged, the party against whom the allegation is made may–
(a) put in issue the validity of the registration of that design;
(b) counterclaim for an order that the Register of Designs be rectified by cancelling or varying the registration; or
(c) put in issue such validity and make such a counterclaim.
(2) A party to any such cause who counterclaims for an order that the Register of Designs be rectified shall intimate to the Comptroller a copy of the counterclaim; and the Comptroller may, or (if ordered to do so by the court) shall, lodge answers in process and be heard in any such cause.
(3) Such a counterclaim shall be made in accordance with rule 55.2D (pleadings in intellectual property causes).
55.14 

(1) Subject to the following paragraphs of this rule, an appeal under the Act of 1949, the Act of 1977 or the Copyright Act of 1988 from a decision of  , or a reference under the Copyright Act of 1988 from, the Comptroller shall be heard in the Outer House by the  intellectual property judge.
(2) In the application of Part III of Chapter 41 (appeals in Form  41.25) by virtue of rule  41.51  (appeals to Lord Ordinary) to an appeal or a reference  under paragraph (1) of this rule–
(a) for references to the Inner House there shall be substituted references to the  intellectual property judge; and
(b) the following paragraphs of this rule shall apply.
(3) Subject to paragraph (4), an appeal  or a reference shall be lodged in the General Department–
(a) in the case of a decision on a matter of procedure, within 14 days after the date of the decision appealed against; and
(b) in any other case, within 6 weeks after the date of the decision appealed against or the decision referring the proceedings to the court, as the case may be.
(4) Except with the leave of the court, no appeal  or reference under this rule shall be entertained unless it has been lodged within the period specified in paragraph (3) or within such further period as the Comptroller may allow on an application made to him before the expiry of that period.
(5) Any determination by the Comptroller that a decision is on a matter of procedure shall be treated as being itself a decision on a matter of procedure.
(6) In the application of paragraph (1) of rule  41.27  (orders for service and answers), the order under that paragraph shall include a requirement to–
(a) intimate the appeal to the Comptroller; and
(b) serve the appeal on every other party to the proceedings before the Comptroller.
(7) On receiving intimation of the appeal, the Comptroller shall forthwith transmit to the Deputy Principal Clerk all the papers relating to the matter which is the subject of the appeal.
(8) A respondent who, not having appealed from the decision of the Comptroller, wishes to contend at the hearing of the appeal that the decision or the grounds of the decision should be varied shall–
(a) specify the grounds of that contention in his answers; and
(b) intimate those answers to the Comptroller and to every other party to the proceedings before the Comptroller.
(9) Intimation of the date of the hearing of the appeal shall be made to the Comptroller by the appellant not less than 7 days before that date, unless the court otherwise directs.
(10) An appeal under this rule shall be a re-hearing and the evidence led on appeal shall be the same as that led before the Comptroller; and, except with the leave of the court, no further evidence shall be led.
55.15 
The marking of a reclaiming motion from a decision of the  intellectual property judge  on an appeal from a decision of the Comptroller shall be intimated by the reclaimer to the Comptroller as well as to the other parties to the appeal.
55.16 

(1) The court may authorise the communication to the European Patent Office or the competent authority of any country which is a party to the European Patent Convention of any such information in the records of the court as the court thinks fit.
(2) An application for such information shall be made by letter addressed to the Deputy Principal Clerk.
(3) Before complying with an application for the disclosure of information under paragraph (1), any person appearing to be affected by the application shall be given the opportunity of making representations to the  intellectual property judge  in chambers on the question whether the information should be disclosed; and the decision of the intellectual property judge shall be final and not subject to review.
(4) In this rule, “the European Patent Convention” has the meaning assigned in section 130(1) and (6) of the Act of 1977.
55.17 
An application under section 114, 204 or 231 of the Copyright Act of 1988 (which provide for orders for disposal in respect of infringement of copyright, rights in performances and design rights), ... section 19 of the Trade Marks Act 1994 (order as to disposal of infringing goods, material or articles) or regulation 5 of the Olympics Association Right (Infringement Proceedings) Regulations 1995 (order as to disposal of infringing goods, material or articles etc.), shall be made–
(a) in a cause depending before the court, by motion; or
(b) where there is no depending cause, by petition; andthe applicant shall intimate the motion to, or serve the petition on, as the case may be, all persons, so far as known to the applicant or reasonably ascertainable, having an interest in the copy, article, recording or other thing which is the subject of the application, including any person in whose favour an order could be made in respect of the copy, article, recording or other thing under any of the said sections of the Copyright Act of 1988 , section 19 of the said Act of 1994 or regulation 5 of the said Regulations.
55.18 

(1) Where leave of the court is required under the Copyright Act of 1988 before an action may proceed, the pursuer shall apply by motion for leave to proceed before the summons is signeted.
(2) A motion under paragraph (1) shall be heard in chambers.
(3) Where such leave is granted, a copy of the interlocutor allowing leave shall be attached to the copy of the summons served on the defender.
55.19 

(1) Subject to the following paragraphs of this rule, an appeal or reference under section 76 of the Trade Marks Act 1994 (appeal from registrar or reference from appointed person) shall be heard in the Outer House by the  intellectual property judge.
(2) In the application of Part III of Chapter 41 (appeals in Form  41.25) by virtue of rule  41.51  (appeals to Lord Ordinary) to an appeal or reference under paragraph (1) of this rule–
(a) for references to the Inner House there shall be substituted references to the  intellectual property judge; and
(b) the following paragraphs of this rule shall apply.
(3) Subject to paragraph (4), an appeal or reference shall be lodged in the General Department–
(a) in the case of a decision on a matter of procedure, within 14 days after the date of the decision appealed against; and
(b) in any other case, within 6 weeks after the date of the decision appealed against or the decision referring the proceedings to the court, as the case may be.
(4) Except with the leave of the court, no appeal or reference under this rule shall be entertained unless it has been lodged within the period specified in paragraph (3) or within such further period as the Comptroller may allow on an application made to him before the expiry of that period.
(5) Any determination by the Comptroller that a decision is on a matter of procedure shall be treated as being itself a decision on a matter of procedure.
(6) In the application of paragraph (1) of rule  41.27  (orders for service and answers), the order under that paragraph shall include a requirement to–
(a) intimate the appeal to the Comptroller; and
(b) serve the appeal on every other party to the proceedings before the Comptroller.
(7) On receiving intimation of the appeal, the Comptroller shall forthwith transmit to the Deputy Principal Clerk all the papers relating to the matter which is the subject of the appeal.
(8) A respondent who, not having appealed from the decision of the Comptroller, wishes to contend at the hearing of the appeal that the decision or the grounds of the decision shoul be varied shall–
(a) specify the grounds of that contention in his answers; and
(b) intimate those answers to the Comptroller and to every other party to the proceedings before the Comptroller.
(9) Intimation of the date of the hearing of the appeal shall be made to the Comptroller by the appellant not less than 7 days before that date, unless the court otherwise directs.
(10) An appeal under this rule shall be a re-hearing and the evidence led on appeal shall be the same as that led before the Comptroller; and, except with the leave of the court, no further evidence shall be led.
CHAPTER 56
56.1 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 56A
56A.1. 

(1) An application to apply a judgment of the Supreme Court in a cause shall be made by motion in the Single Bills.
(2) On enrolling a motion under paragraph (1), a party shall lodge four copies of the Supreme Court judgment in process.
CHAPTER 57
57.1 
A petition by a person for admission to the public office of advocate shall be in such form as the Lord President shall, in consultation with the Dean of the Faculty of Advocates, determine.
57.2 
The following provisions of these Rules shall not apply to a petition by a person for admission to the public office of advocate:–
 rule 4.1 (form, size, etc., of documents forming the process),
 rule 4.3 (lodging of processes), and
 Chapter 14 (petitions).
57.3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 58
58.1 

(1) This Chapter applies to an application to the supervisory jurisdiction of the court.
(2) In this Chapter–
 “the first hearing” means a hearing under rule 58.9;
 “the second hearing” means a hearing under rule 58.10.
58.2 
The following rules shall not apply to a petition to which this Chapter applies:–
 rule 14.4 (form of petitions),
 rule 14.5 (first order in petitions),
 rule 14.9 (unopposed petitions).
58.3 

(1) Subject to paragraph (2), an application to the supervisory jurisdiction of the court, including an application under section 45(b) of the Act of 1988 (specific performance of statutory duty), shall be made by petition for judicial review.
(2) An application may not be made under paragraph (1) if that application is made, or could be made, by appeal or review under or by virtue of any enactment.
58.4 
The court, in exercising its supervisory jurisdiction on a petition for judicial review, may–
(a) grant or refuse any part of the petition, with or without conditions;
(b) make such order in relation to the decision in question as it thinks fit, whether or not such order was sought in the petition, being an order that could be made if sought in any action or petition, including an order for reduction, declarator, suspension, interdict, implement, restitution, payment (whether of damages or otherwise) and any interim order;
(c) subject to the provisions of this Chapter, make such order in relation to procedure as it thinks fit.
58.5 
A petition for judicial review shall be heard by a judge nominated by the Lord President for the purposes of this Chapter or, where such a judge is not available, any other judge of the court (including the vacation judge).
58.6 

(1) A petition for judicial review shall be in Form 58.6.
(2) The petitioner shall lodge with the petition all relevant documents in his possession and within his control.
(3) Where the petitioner founds in the petition on a document not in his possession or within his control, he shall append to the petition a schedule specifying the document and the person who possesses or has control over the document.
(4) Where the decision, act or omission in question and the basis on which it is complained of is not apparent from the documents lodged with the petition, an affidavit shall be lodged stating the terms of the decision, act or omission and the basis on which it is complained of.
58.7 

(1) On being lodged, the petition shall, without appearing on the Motion Roll, be presented forthwith to the Lord Ordinary in court or in chambers for–
(a) an order specifying–
(i) such intimation, service and advertisement as may be necessary;
(ii) any documents to be served with the petition;
(iia) a date by which any answers and any relevant documents are to be lodged;
(iii) any date for the first hearing, being a date not earlier than 7 days after the expiry of the period specified for intimation and service; or
(iv) a date in advance of the first hearing by which parties are to lodge a statement of issues, if the Lord Ordinary considers it appropriate; or
(b) any interim order.
(2) The Lord Ordinary may grant, but may not refuse to grant, any order specified in paragraph (1) without having heard counsel or other person having a right of audience instructed by the petitioner.
58.7A 
Where an application to the supervisory jurisdiction of the court is presented to the Lord Ordinary under rule 58.7 and the conditions referred to in section 20(1)(a) of the Tribunals, Courts and Enforcement Act 2007 are met, the Lord Ordinary shall, instead of granting an order specifying a date for a first hearing, make an order transferring the application to the Upper Tribunal.
58.8 

(1) Subject to any order made under rule 58.7, a person to whom intimation of the first hearing has been made and who intends to appear–
(a) shall intimate his intention to do so to–
(i) the agent for the petitioner, and
(ii) the Keeper of the Rolls,
not less than 48 hours before the date of the hearing; and
(b) may lodge answers and any relevant documents.
(2) Any person not specified in the first order made under rule 58.7 as a person on whom service requires to be made , and who is directly affected by any issue raised,  may apply by motion for leave to enter the process; and if the motion is granted, the provisions of this Chapter shall apply to that person as they apply to a person specified in the first order.
(3) For the purposes of paragraph (2) above, the Commission for Equality and Human Rights shall be regarded as directly affected by an issue raised where it has, in relation to that issue, title and interest by virtue of section 30(2) of the Equality Act 2006.
58.8A 

(1) A person to whom rule 58.8(2) does not apply may make an application to the  court  for leave to intervene–
(a) in a petition for judicial review;
(b) in an appeal in connection with such a petition.
(1A) This rule does not apply to the Scottish Commission for Human Rights (which may instead intervene in accordance with Chapter 95).
(2) An application for leave to intervene shall be by way of a  minute of intervention  in  Form 58.8A, and the applicant shall–
(a) send a copy of it to all the parties; and
(b) lodge it in process, certifying that sub-paragraph (a) above has been complied with.
(3) A minute of intervention shall set out briefly–
(a) the name and description of the applicant;
(b) any issue in the  cause  which the applicant wishes to address and the applicant’s reasons for believing that any such issue raises a matter of public interest; and
(c) the propositions to be advanced by the applicant and the applicant’s reasons for believing that they are relevant to the cause and that they will assist the court.
(4) The court may–
(a) refuse leave without a hearing;
(b) grant leave without a hearing unless a hearing is requested under paragraph (5) below; or
(c) refuse or grant leave after such a hearing.
(5) A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (6)(c) below, may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.
(6) The court may grant leave only if it is satisfied that–
(a) the cause raise, and an issue in the cause which the applicant wishes to address raises, a matter of public interest;
(b) the propositions to be advanced by the applicant are relevant to the cause and are likely to assist the court; and
(c) the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.
(7) In granting leave, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.
(8) Where leave is granted–
(a) an intervention shall be by way of a written submission which (including any appendices) does not exceed 5000 words; and
(b) the applicant shall lodge the submission and send a copy of it to all the parties by such time as the court may direct.
(9) The court may in exceptional circumstances–
(a) allow a longer written submission to be made;
(b) direct that an oral submission is to be made.
(10) The Clerk of court shall  give written intimation of  a grant or refusal of leave to the applicant and all the parties.
(11) Any diet in pursuance of paragraph (5) or (9)(b) above shall be fixed by the Keeper of the Rolls  who shall give written intimation of the diet  to the applicant and all the parties.
(12) Nothing in this  rule  shall affect the power of the court to make such other direction as it considers appropriate in the interests of justice.
(13) Any decision of the court in cause under this rule shall be final and not subject to review.
58.9 

(1) At the first hearing, the Lord Ordinary shall–
(a) satisfy himself that the petitioner has duly complied with the first order made under rule 58.7; and
(b) hear the parties.
(2) After hearing the parties, the Lord Ordinary may–
(a) determine the petition; or
(b) make such order for further procedure as he thinks fit, and in particular may–
(i) adjourn or continue the first hearing to another date;
(ii) order service on a person not specified in the first order made under rule 58.7;
(iii) make any interim order;
(iv) order answers to be lodged within such period as he shall specify;
(v) order further specification in the petition or answers in relation to such matters as he shall specify;
(vi) order any fact founded on by a party at the hearing to be supported by evidence on affidavit to be lodged within such period as he shall specify;
(vii) order any party who appears to lodge such documents relating to the petition within such period as the Lord Ordinary shall specify;
(viii) appoint a reporter to report to him on such matters of fact as the Lord Ordinary shall specify; or
(ix) order a second hearing on such issues as he shall specify.
58.10 

(1) Where the Lord Ordinary orders a second hearing under rule 58.9(2)(b)(ix), the Keeper of the Rolls shall, in consultation with the Lord Ordinary and the parties, fix a date for the second hearing as soon as reasonably practicable.
(2) Subject to the terms of any order for further procedure made under rule 58.9(2)(b), the parties shall, not less than 7 days before the date of the second hearing, lodge all documents and affidavits to be founded on by them at the second hearing with copies for use by the court.
(3) At any time before the date of the second hearing, the Lord Ordinary my cause the petition to be put out for hearing on the By Order Roll for the purpose of obtaining such information from the parties as he considers necessary for the proper disposal of the petition at the hearing.
(4) At a hearing on the By Order Roll under paragraph (3), the Lord Ordinary may make such order as he thinks fit, having regard to all the circumstances, including an order appointing a commissioner to recover a document or take the evidence of a witness.
(5) At the second hearing, the Lord Ordinary may–
(a) adjourn the hearing;
(b) continue the hearing for such further procedure as he thinks fit; or
(c) determine the petition.
58.11 

(1) Where–
(a) an application is made to the supervisory jurisdiction of the court; and
(b) Conditions 1, 3 and 4 are met, but Condition 2 is not met, as specified in section 20(1)(b) of the Tribunals, Courts and Enforcement Act 2007,
the Lord Ordinary may, if satisfied that it is in all the circumstances appropriate to do so, make an order transferring the application to the Upper Tribunal.
(2) The Lord Ordinary may, having heard parties, make an order under paragraph (1), whether or not such an order was sought in the petition or was sought by motion by any party to the proceedings.
(3) The Lord Ordinary may make an order under paragraph (1)–
(a) when the petition is presented to the Lord Ordinary for a first order under rule 58.7;
(b) at the first hearing; or
(c) at any subsequent hearing.
(4) Where the Lord Ordinary makes an order transferring the application to the Upper Tribunal under paragraph (1) or rule 58.7A, the Lord Ordinary may make an order in respect of any expenses incurred by the parties up to the time at which the order transferring the application is granted.
58.12. 

(1) The Lord Ordinary may—
(a) at his own instance after hearing the parties; or
(b) on the motion of a party,take the steps mentioned in paragraph (2).
(2) The steps are—
(a) if the Lord Ordinary is satisfied that a cause, although made as a petition for judicial review, should in fact proceed as an ordinary action, to order that the cause be withdrawn from the procedure under this Chapter and to appoint it to proceed as an ordinary action; or
(b) if the Lord Ordinary is satisfied that a cause, although raised as an action, should in fact proceed as an application to the supervisory jurisdiction, to appoint the cause to proceed as a petition for judicial review under this Chapter.
(3) If the Lord Ordinary makes an order under rule 58.12(2)(a), he may order—
(a) the pursuer to prepare a minute containing conclusions and pleas in law;
(b) the defender to prepare a minute containing pleas in law,
and that those minutes be lodged in process within 7 days.
(4) If the Lord Ordinary makes an order made under rule 58.12(2)(b), he may order—
(a) the petitioner to prepare a minute stating—
(i) the act, decision or omission to be reviewed;
(ii) the remedies which the petitioner seeks;
(iii) the legal grounds of challenge,
and to intimate the minute and lodge it in process within 7 days;
(b) the respondent to lodge answers to that minute within 14 days thereafter.
(5) In each case those minutes, together with the earlier pleadings, shall thereafter comprise the pleadings in the proceedings, subject to such further adjustment or amendment as the court may authorise.
CHAPTER 58A
58A.1. 

(1) This Chapter applies to—
(a) applications to the supervisory jurisdiction of the court;
(b) appeals under statute,
which include a challenge to a decision, act or omission which is subject to, or said to be subject to, the public participation provisions of—
(c) Directive 2011/92/EU of 13th December 2011 on the assessment of the effects of certain public and private projects on the environment; or
(d) Directive 2008/1/EC of the European Parliament and of the Council of 15th January 2008 (concerning integrated pollution prevention and control).
(2) In this Chapter, references to applicants who are individuals do not include persons who are acting as a representative of an unincorporated body or in a special capacity such as trustee.
(3) In this Chapter, references to a respondent’s liability in expenses to the applicant or, as the case may be, an applicant’s liability to the respondent means that of all respondents in the proceedings.
(4) Nothing in this Chapter shall affect any powers of the court to make an order corresponding or similar to an order which may be made under this Chapter in any proceedings falling outwith this Chapter.
58A.2. 

(1) Subject to paragraph (2), a petitioner in an application or, as the case may be, an appellant in an appeal to which this Chapter applies may apply for a protective expenses order.
(2) The applicant must be—
(a) an individual; or
(b) a non-governmental organisation promoting environmental protection.
(3) A protective expenses order is an order which regulates the liability for expenses in the proceedings (including as to the future) of all or any of the parties to them, with the overall aim of ensuring that proceedings are not prohibitively expensive for the applicant.
(4) Subject to paragraph (6), where the court is satisfied that the proceedings are prohibitively expensive for the applicant, it must make a protective expenses order.
(5) For the purposes of this rule, proceedings are prohibitively expensive for an applicant if the applicant could not reasonably proceed with them in the absence of a protective expenses order.
(6) The court may refuse to make a protective expenses order if it considers that—
(a) the applicant has failed to demonstrate a sufficient interest in the subject matter of the proceedings; or
(b) the proceedings have no real prospect of success.
58A.3. 

(1) An application for a protective expenses order shall be made by motion.
(2) Subject to paragraph (3), except on cause shown, an application must be made no later than when it is reasonably practicable to do so after the applicant becomes aware that the proceedings are to be defended.
(3) An application for a protective expenses order may be made in relation to a reclaiming motion at any stage of the proceeding whether or not an application for such an order was made, or an order granted, at first instance.
(4) A motion mentioned in paragraph (1) shall—
(a) set out why the applicant is seeking the order;
(b) be accompanied by any supporting evidence which the applicant intends to refer to in making the application;
(c) set out the terms on which the applicant is represented;
(d) be accompanied by a schedule estimating—
(i) the expenses of the applicant in relation to the proceedings in respect of which the order is sought; and
(ii) the expenses of each other party for which the applicant may be liable in relation to the proceedings in respect of which the order is sought;
(e) in the case of an application for liability in expenses to be limited to an amount lower or, as the case may be, higher than a sum mentioned in rule 58A.4, set out the grounds on which that lower or higher figure is applied for.
58A.4. 

(1) Subject to paragraph (2), a protective expenses order must contain provision limiting the applicant’s liability in expenses to the respondent to the sum of £5,000.
(2) The court may, on cause shown by the applicant, lower the sum mentioned in paragraph (1).
(3) Subject to paragraph (4), a protective expenses order must also contain provision limiting the respondent’s liability in expenses to the applicant to the sum of £30,000.
(4) The court may, on cause shown by the applicant, raise the sum mentioned in paragraph (3).
(5) A protective expenses order may—
(a) exclude any party’s liability in expenses to any other party;
(b) limit any party’s liability in expenses to any other party;
(c) provide that no party will be liable for the expenses of any other party;
(d) include provision—
(i) as to a party’s liability in expenses if the applicant is successful in the proceedings;
(ii) as to a party’s liability in expenses if the applicant is unsuccessful in the proceedings; or
(iii) as to a party’s liability in expenses regardless of the outcome of the proceedings.
58A.5. 

(1) In deciding the terms of a protective expenses order, the court shall (subject to  rule 58A.4(1)) take into account all the circumstances, including—
(a) the need to ensure that it is not prohibitively expensive for the applicant to continue with the proceedings;
(b) the extent to which the applicant would benefit (whether financially or otherwise) if successful in the proceedings to which the order would apply;
(c) the terms on which the applicant is represented;
(d) whether and to what extent the applicant is acting on behalf of another person which would have been able to bring the proceedings himself, herself or itself; and
(e) whether and to what extent the applicant is willing to limit the expenses which he or she would be able to recover from another party if successful in the proceedings to which the order would apply.
(2) The court shall not make a protective expenses order until it has given all of the parties an opportunity to be heard.
CHAPTER 59
59.1 

(1) An application for letters of arrestment ... may be made, as the case may be, in–
(a) Form 59.1–A (arrestment);
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) An application under paragraph (1) shall be presented  to the Deputy Principal Clerk  together with any relevant supporting documents.
(3) ... If the Deputy Principal Clerk is satisfied that the applicant for such letters is entitled to a warrant for arrestment ...–
(a) he shall sign and date the warrant in such an application; and
(b) the application shall be signeted;
and such signeted application and warrant shall constitute letters of arrestment or inhibition, as the case may be.
(4) ...   If the Deputy Principal Clerk refuses to sign and date such warrant, the application shall, on request, be placed before the Lord Ordinary; and the decision of the Lord Ordinary shall be final and not subject to review.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) An application for letters of arrestment ... on the dependence of an action to which a claim under section 19 of the Family Law (Scotland) Act 1985 applies shall be placed before the Lord Ordinary; and the decision of the Lord Ordinary shall be final and not subject to review.
CHAPTER 60
60.1 
Subject to rule 53.1 (conclusions for suspension etc., in action of reduction), this Chapter applies to an application for suspension, suspension and interdict, or suspension and liberation.
60.2 

(1) An application to which this Chapter applies shall be made by petition.
(2) It shall not be necessary in any such petition to make an offer of caution or consignation.
60.3 
Where the interlocutor ordering intimation, service or advertisement contains an interim suspension of execution, interim interdict or interim liberation, subject to the finding of caution or the giving of other security or any other conditions, the petition shall not be intimated, served or advertised until such condition has been met.
60.4 
Where a petition for suspension, suspension and interdict, or suspension and liberation has been refused–
(a) for failure by the petitioner to–
(i) find caution or give other security, or to consign money into court, or
(ii) comply with any other condition imposed by the court under rule 60.3 (first order), or
(b) on any other ground other than on the merits,the petitioner may, having paid any expenses in which he was found liable, present another petition for suspension, suspension and interdict, or suspension and liberation, as the case may be.
60.5 

(1) Any party may, within 7 days after any answers have been lodged, apply by motion for an order appointing the petition and answers to the Adjustment Roll.
(2) Where the court grants a motion under paragraph (1), the petitioner shall, within 14 days after the interlocutor granting the motion–
(a) send at least four copies of the petition and answers in the form of an open record to the respondent, and
(b) lodge two copies of the record in process;
and thereafter the cause shall proceed as an action.
60.6 

(1) This rule applies to a petition for the suspension of a decree, order, decision or warrant of whatever nature of an inferior court or tribunal.
(2) The petition shall be served on the clerk of the inferior court or tribunal to which the petition relates.
(3) The Lord Ordinary may pronounce an interlocutor ordering production to the court of any part of the proceedings in the inferior court or tribunal within such period as he thinks fit.
(4) On an interlocutor being pronounced under paragraph (1), the petitioner shall exhibit to the clerk of the inferior court or tribunal a certified copy of the interlocutor; and that clerk shall transmit the documents ordered to be produced to the Deputy Principal Clerk.
(5) Where the petitioner fails to comply with the requirement on him under paragraph (4), the petition shall be refused.
(6) An interlocutor granting suspension shall include a direction to the clerk of court to send a copy of the interlocutor by post to the clerk of the inferior court or tribunal on whom service was executed under paragraph (2).
(7) Where an interlocutor granting suspension is reclaimed against, the reclaimer shall give written intimation of that fact to the clerk of the inferior court or tribunal as soon as possible after the reclaiming motion has been marked.
(8) The interlocutor disposing of such a reclaiming motion shall include a direction to the clerk of court to send a copy of that interlocutor to the clerk of the inferior court or tribunal on whom service was executed under paragraph (2).
60.7 
Where the Lord Ordinary, after a proof, refuses a petition for suspension of a decree or decision of an inferior court or tribunal, he shall specify in his interlocutor the relevant facts of the case which he finds to be established and the points of law which he has applied to such facts.
CHAPTER 61
PART I
61.1 

(1) This Chapter applies to an application for the appointment of a judicial factor, and to a judicial factor appointed by the court.
(2) In this Chapter, unless the context otherwise requires–
 “the Act of 1849” means the Judicial Factors Act 1849;
 “the Act of 1995” means the Children (Scotland) Act 1995 and
 “judicial factor” includes a curator bonis, a factor loco absentis, a factor on trust or other estates, and a guardian.
61.2 

(1) An application for the appointment of a judicial factor shall be made by petition.
(2) An application under section 9(5)(a) of the Act of 1995 (application by Accountant of Court for appointment of judicial factor to administer certain property of a child) shall be made by petition in Form 61.2; and Chapter 14 shall not apply as respects any such petition.
(3) A petition in Form 61.2 shall, after being lodged in the Petition Department and recorded in the Petitions Register but without appearing in the Motion Roll, be presented to the Lord Ordinary in court or in chambers; and he may—
(a) forthwith make the appointment sought; or
(b) make an order—
(i) for such intimation, service and advertisement of the petition as he considers appropriate; and
(ii) for a hearing, on such date as he may specify, as respects the petition.
(4) Without prejudice to the generality of paragraph (3)(b)(i), any order under that paragraph as to intimation may specify that Rule 16.4 shall not apply and that the Accountant of Court shall make intimation by post in such manner as the Lord Ordinary thinks fit.
61.3 
Where, in a petition for the appointment of a curator bonis to an incapax, dispensation of service on the incapax is craved on the ground that such service would be injurious to the health of the incapax, two medical certificates to that effect shall be lodged in process.
61.4 
Unless otherwise provided in this Chapter, an incidental application to the court in a petition for the appointment of a judicial factor shall be made by note.
61.5 

(1) The order for intimation and service under rule 14.5 (first order in petitions) in a petition or note relating to a judicial factory shall include a requirement for intimation to the Accountant of Court (except where the petition is in Form 61.2)  by first class recorded delivery post of the petition or note, as the case may be, and any production lodged with the petition or note.
(2) The Lord Ordinary may order publication of an advertisement of the petition in Form 61.5–A in the case of a petition for the appointment of a judicial factor or in Form 61.5–B in the case of a petition for the discharge o f a judicial factor.
(3) Where publication of an advertisement has been made under paragraph (2), there shall be lodged in process–
(a) a copy of the newspaper or other publication containing the advertisement; or
(b) a certificate of publication by the publisher stating the date of publication and the text of the advertisement.
(4) After a petition for the appointment of a judicial factor is lodged in the Petition Department, the Clerk of Session in that department may (whether or not any order is made, or is competent, under rule 14.5(1)(a)) provide any interested party with details of the petition.
61.6 

(1) A person who lodges any document in a cause relating to a judicial factory (other than a petition for appointment of a judicial factor) shall send a copy of that document to the Accountant of Court.
(2) The clerk of session in the Petition Department shall transmit to the Accountant of Court any part of a process in a cause relating to a judicial factory as the Accountant of Court may request unless such part of the process is, at the time of request, required by the court.
61.7 
The Accountant of Court, on receiving intimation of a petition for the appointment of a judicial factor, shall report any information he may possess which he considers may be of use to the court in disposing of the petition.
61.8 
The clerk of session in the Petition Department shall, on the appointment of the judicial factor being made by the court, transmit the process of the petition to the Accountant of Court for the fixing and finding of caution.
61.9 

(1) The appointment of a person as a judicial factor shall be subject to his finding caution; and the interlocutor appointing a judicial factor shall ordain him to find caution.
(2) The court may, on cause shown, on a motion made before the expiry of the period for finding caution specified by virtue of rule 33.3 (orders to find caution or other security), allow further time for finding caution.
(3) The Accountant of Court shall, on receiving the process in a petition for the appointment of a judicial factor transmitted to him under rule 61.8, fix the caution to be found by the judicial factor.
(4) Where the Accountant of Court considers that any caution fixed by the court under section 27 of the Act of 1849 (amount of caution limited by court), should be increased–
(a) the Accountant of Court may increase the amount unless the judicial factor requires him to report to the court;
(b) where the judicial factor requires him to report to the court, the Accountant of Court shall do so; and
(c) on the report mentioned in sub-paragraph (b) being received, the cause shall be put out on the By Order Roll before the Lord Ordinary to determine the amount of caution.
(5) A bond of caution or other security offered by a judicial factor shall be delivered to the Accountant of Court; and rule 33.4(3) (lodging of bond of caution in process) and rule 33.7(1) (Deputy Principal Clerk to satisfy himself that the bond of caution or other security is in proper form) shall not apply.
(6) Except in relation to paragraph (7), where caution has been found to the satisfaction of the Accountant of Court, he shall endorse and sign, on the interlocutor sheet of the process appointing the judicial factor, a certificate stating that caution has been found, the amount of caution and the date of the certificate.
(7) During the subsistence of a judicial factory, the Accountant of Court may, at any time–
(a) require the judicial factor to increase the amount of, or find new or additional, caution; or
(b) authorise the judicial factor to reduce the amount of existing caution.
61.10 
An official certified copy of the interlocutor appointing a judicial factor shall not be issued by a clerk of session without a certificate having been endorsed on the interlocutor sheet in accordance with rule 61.9(6).
61.11 
A judicial factor shall not be entitled to act until he has received the official certified copy of the interlocutor appointing him.
61.12 
The Accountant of Court may, if satisfied that the circumstances justify it, remit or modify any interest incurred by a judicial factor under section 5(1) of the Act of 1849 (interest incurred for failure by factor to lodge money in bank etc.).
61.13 

(1) Where the income from the estate of a ward is insufficient for the maintenance of the ward, the judicial factor may apply to the Accountant of Court for his consent to encroach on the capital of the estate for the purpose of maintaining the ward.
(2) An application under paragraph (1) shall be made by letter and shall be supported by such information as the Accountant of Court may require.
(3) On receipt of such an application, the Accountant of Court—
(a) may, if the proposed encroachment does not exceed 5% of the capital value of the estate as at the date when application is first made under paragraph (1), consent to the application subject to such conditions as he thinks fit to impose; and
(b) if he is unable, or declines, to consent under sub-paragraph (a), shall—
(i) ordain the judicial factor to intimate, in accordance with paragraphs (5) and (6), the making of the application; or
(ii) ordain him to apply by note to the Lord Ordinary for special powers.
(4) A person to whom intimation is given in accordance with paragraphs (5) and (6) may object to the application by–
(a) lodging an objection in writing with the Accountant of Court; and
(b) sending a copy of his objection to the judicial factor within 28 days after the date on which intimation was given to him.
(5) The persons to whom intimation under paragraph  (3)(b)(i)  is to be given are–
(a) any cautioner of the judicial factor;
(b) any petitioner for the appointment of the judicial factor (other than a petitioner using Form 61.2);
(c) the ward, unless the circumstances of the ward are such as would warrant dispensing with service on him of a petition for the appointment of a judicial factor on his estate;
(d) the persons on whom the petition for appointment of the judicial factor was served and whose whereabouts are known to the judicial factor; and
(e) all other persons who have an interest in the estate and whose identity and whereabouts are known to the judicial factor.
(6) The intimation under paragraph  (3)(b)(i)  shall include–
(a) a copy of the letter of application; and
(b) a notice setting out–
(i) the right of the person receiving the notice to object to the application in the manner provided in paragraph (4); and
(ii) that, in the absence of any such objection, the Accountant of Court may consent to the application.
(7) The judicial factor shall, on giving intimation under paragraph  (3)(b)(i), send to the Accountant of Court a certificate of intimation in Form 16.7 with a copy of the notice sent attached to it; and rule 16.7(2) (attaching certificate of intimation to principal writ or lodging it in process) shall not apply.
(8) Where no objections have been lodged under paragraph (4), the Accountant of Court may, on the expiry of the period for lodging objections–
(a) consent to the application subject to such conditions as he thinks fit; or
(b) require the judicial factor to apply to the court for special powers.
(9) Where any objection has been lodged under paragraph (4), the judicial factor shall, on expiry of the period for lodging objections, apply to the court for special powers.
61.14 

(1) An application under section 2(3) of the Trusts (Scotland) Act 1961 to the Accountant of Court for his consent to the doing of an act to which that section applies shall be made by letter and shall be supported by such information as the Accountant of Court may require.
(2) Any person to whom intimation requires to be given in accordance with paragraph (3) may object to the application by lodging any objection with the Accountant of Court, and sending a copy of it to the judicial factor, within 28 days after the date on which the intimation was given.
(3) On the date on which he makes the application referred to in paragraph (1), the judicial factor shall intimate the application to–
(a) any cautioner of the judicial factor;
(b) any person who petitioned for the judicial factor to be appointed (except where the petition was in Form 61.2);
(c) the ward, unless the circumstances of the ward are such that would warrant dispensing with service on him of a petition for the appointment of a judicial factor on his estate;
(d) the persons upon whom the application for appointment of the judicial factor was served and whose whereabouts are known to the judicial factor; and
(e) all other persons who have an interest in the estate and whose identity and whereabouts are known to the judicial factor.
(4) The intimation to be given under paragraph (3) shall include–
(a) a copy of the letter of application, and
(b) a notice setting out–
(i) the right of the person receiving the notice to object to the application in the manner provided in paragraph (2); and
(ii) that, in the absence of any such objection, the Accountant of Court may consent to the application.
(5) The judicial factor shall, on giving intimation under paragraph (3), send to the Accountant of Court a certificate of intimation in Form 16.7 with a copy of the notice required under paragraph (4) attached to it; and rule 16.7(2) (attaching certificate of intimation to principal writ or lodging it in process) shall not apply.
61.15 

(1) This rule applies to an application by a judicial factor–
(a) for special powers at common law or under section 7 of the Act of 1849; or
(b) under section 5 of the Trusts (Scotland) Act 1921 (application for authority to do an act at variance with terms or purposes of the judicial factory).
(2) An application may be made–
(a) in the petition for the appointment of the judicial factor; or
(b) by note in the process of that petition.
(3) Before making an application, the judicial factor shall apply to the Accountant of Court for an opinion by lodging with him a report explaining why the special powers or authority are necessary and concluding with a statement of the precise powers he seeks.
(4) The Accountant of Court shall, after making any necessary inquiry, send his written opinion to the judicial factor.
(5) The judicial factor shall lodge in process his report to, and the opinion of, the Accountant of Court.
(6) The judicial factor shall send to the Accountant of Court a copy of the interlocutor disposing of the application within 2 days after the date of the interlocutor.
(7) An application by a judicial factor for special powers under this rule shall not be made before he has received an official certified copy of the interlocutor appointing him.
(8) An application by a judicial factor in respect of special powers sought in the petition for his appointment shall be made by him by motion.
PART II
61.16 
This Part applies to a petition under section 11A of the Judicial Factors (Scotland) Act 1889 (appointment of a judicial factor on estate of person deceased).
61.17 
A petition to which this Part applies shall include averments stating–
(a) the name, last known address and date of death of the deceased person;
(b) the reasons for the appointment being necessary;
(c) the interest of the petitioner, including–
(i) if a creditor, the nature and amount of the debt, how constituted, vouched or established, or
(ii) if a person having an interest in the succession to the estate, the nature of that interest;
(d) details of the estate of the deceased person so far as known to the petitioner including heritable and moveable property, any stock in trade, interests in any business or partnership, debts owed to or by the deceased and any other relevant facts;
(e) the names and addresses of all persons known to the petitioner as having an interest in the estate either as creditors or in the succession to the estate, and the nature of the interest in each case; and
(f) the name, designation and address of the person nominated to be the judicial factor.
61.18 
The order for intimation and service under rule 14.5 (first order in petitions) in a petition under this Part shall include a requirement for–
(a) a notice of the petition in the Edinburgh Gazette in Form 61.18; and
(b) service of the petition on such persons named in the petition as personal representatives of the deceased who are not parties to the petition.
61.19 
The court may make an interim appointment of a judicial factor in a petition to which this Part applies when the petition is presented or at any time thereafter.
61.20 

(1) In order to ascertain the claims on the estate, the judicial factor shall, within 14 days after he has received the official certified copy of the interlocutor appointing him, place a notice in the Edinburgh Gazette, and in such other newspaper as he thinks fit, in Form 61.20.
(2) The judicial factor shall lodge in process–
(a) a copy of each newspaper containing the notice under paragraph (1); or
(b) a certificate of publication by the publisher of each such newspaper stating the date of publication and text of the notice.
(3) The period within which a creditor shall intimate a claim on the estate to the judicial factor shall be 4 months from the date of publication of the notice under paragraph (1).
61.21 

(1) The judicial factor shall examine the claims of creditors in order to ascertain whether the debts are properly due from the estate of the deceased, and may–
(a) call for further evidence in support of the claims;
(b) if he thinks fit, require a creditor to constitute such claim by decree in a competent court in an action in which the judicial factor shall be called as a defender.
(2) For the purpose of ranking and payment of creditors, the date of the appointment of the judicial factor shall be deemed to be equivalent to the date of sequestration.
61.22 
There shall remain in the possession of the Accountant of Court and be open to inspection, within his office, by any creditor or person in the succession of the deceased–
(a) the inventory of estate, when adjusted and approved by the Accountant of Court and signed by him and the judicial factor;
(b) any report of the state of debts; and
(c) all subsequent accounts submitted by the judicial factor to the Accountant of Court.
61.23 

(1) Out of the first funds realised by him, the judicial factor shall reserve sufficient funds to defray the estimated costs of his administration including the legal expenses of the judicial factory.
(2) On the expiry of the period for lodging claims, the judicial factor shall be entitled to pay out of such funds, with the prior approval of the Accountant of Court, those debts listed in paragraphs (a) to (e) of section 51(1) of the Bankruptcy (Scotland) Act 1985 (order of priority in distribution).
61.24 

(1) Where claims are lodged, the judicial factor shall–
(a) where funds remain available for division after payment of the claims referred to in rule 61.23(2), prepare a state of funds and scheme of division amongst the creditors; or
(b) where no such funds remain after payment of those claims, prepare a state of funds only.
(2) The judicial factor shall–
(a) lodge with the Accountant of Court–
(i) the state of funds and any scheme of division,
(ii) all relevant writings and documents; and
(b) provide the Accountant of Court with such explanations as he may require.
(3) The Accountant of Court shall prepare a written report on the state of funds and any scheme of division containing such observations as he thinks fit for consideration by the court.
(4) The Accountant of Court shall issue the report under paragraph (3) to the judicial factor.
61.25 

(1) As soon as the report of the Accountant of Court under rule 61.24(3) has been issued, the judicial factor shall–
(a) lodge in process that report, the state of funds and any scheme of division;
(b) send to each person who has lodged with him a claim on the estate of the deceased a notice by first class post, or, if that person is furth of Europe, by air mail, stating–
(i) that the state of funds and scheme of division or state of funds only, as the case may be, and a report have been lodged in court; and
(ii) the amount for which the creditor has been ranked and whether his claim is to be paid in full or by a dividend and the amount of it; or
(iii) that his claim has been rejected; or
(iv) that no funds are available for division;
(c) place a notice in Form 61.25 in the Edinburgh Gazette; and
(d) if–
(i) any person, other than a person who has lodged a claim with him, is stated in the application or in the books, deed of settlement, or other papers of the deceased, to be a creditor of the estate or has an interest in the estate, or
(ii) he has reason to believe that any other person is either a creditor of the estate or has an interest in the estate,
give notice to such person, by first class post or, if that person is furth of Europe, by air mail, that no dividend is allotted to him in the scheme of division.
(2) Any creditor or person having an interest in the succession to the deceased’s estate shall be entitled to examine–
(a) the state of funds and any scheme of division lodged in process; and
(b) the claims and supporting vouchers or evidence lodged with the judicial factor.
61.26 

(1) Any creditor or person having an interest in the succession to the estate of the deceased who is dissatisfied with the state of funds or any scheme of division may lodge in process a note of objection within 28 days after the date of the notice given under rule 61.25(1)(b) and, until the expiry of that period, the court shall not approve the state of funds and any scheme of division.
(2) Where a note of objection under paragraph (1) is lodged, the court shall dispose of the note after hearing any objector and the judicial factor and making such investigations as it thinks fit.
(3) If any objection is sustained to any extent, the necessary alterations shall be made to the state of funds and any scheme of division, and shall be approved by the court.
(4) Where no note of objection is lodged, the court shall approve the state of funds and any scheme of division.
61.27 
After the court has approved a scheme of division, the judicial factor shall pay, deliver or convey to the parties the sums or other property to which they are entitled under the scheme.
61.28 

(1) Where, in the opinion of the judicial factor, a partial division of funds among the creditors who have claimed may be made with safety in the interests of all concerned, the judicial factor may, with the approval of the Accountant of Court, prepare a state of funds and first scheme of division as soon as possible after the period for lodging claims has expired.
(2) The following provisions of this Part shall apply to a state of funds and first scheme of division prepared under paragraph (1) of this rule as they apply to a state of funds and scheme of division prepared under rule 61.24(1)(a):–
 rule 61.24(2) (lodging of state of funds etc. with Accountant of Court),
 rule 61.24(3) (report by Accountant of Court on state of funds),
 rule 61.25 (notice to creditors),
 rule 61.26 (approval of state of funds or scheme of division) subject to paragraph (3) of this rule.
(3) Subject to paragraph (4), the court may, not earlier than 6 months after the death of the deceased, approve the first scheme of division and, where it so approves, the judicial factor shall pay, deliver or convey to the parties the sums or other property to which they are entitled under the first scheme.
(4) Out of the funds there shall be retained and deposited in an institution authorised under the Banking Act 1987 or other appropriate institution a sufficient sum to meet–
(a) the amount of the claims of creditors whose debts have not at that time been admitted by the judicial factor, or whose debts are future or contingent; and
(b) the full amount of such debts as are claimed as preferable but the priority of which is not admitted by the judicial factor.
61.29 
Where, on the expiry of the period for lodging claims, no creditor has lodged a claim, the judicial factor shall not lodge a state of funds but shall prepare a report with regard to the disposal of the surplus estate in accordance with rule 61.30.
61.30 

(1) Where, after payment of the creditors, there is a surplus, the judicial factor shall lodge with the Accountant of Court a statement of–
(a) the amount of the surplus;
(b) the parties claiming that surplus and their respective grounds of claim; and
(c) those parties who, in the opinion of the judicial factor, are entitled to the suplus and the reasons for his opinion.
(2) The Accountant of Court shall prepare a written opinion on the statement of the judicial factor lodged under paragraph (1) and issue that opinion to the judicial factor.
(3) On receipt of the opinion of the Accountant of Court under paragraph (2), the judicial factor shall–
(a) lodge in process that opinion and the statement prepared under paragraph (1); and
(b) give notice to each party claiming an interest or apparently entitled to any part of the estate, by first class post or, if that person is furth of Europe, by air mail, that–
(i) the statement of the judicial factor and the opinion of the Accountant of Court have been lodged in process; and
(ii) should any such party wish to lodge any objection to the statement, he shall lodge a note of objection with the Deputy Principal Clerk within 28 days after the date of the posting of the notice by the judicial factor.
(4) On expiry of the period for lodging objections under paragraph (3)(b)(ii), the court, on considering the statement, opinion, and any note of objection and, after such procedure as it thinks fit, shall–
(a) determine which parties are entitled to the surplus estate and direct the judicial factor to make payment accordingly; or
(b) if the court considers that it is desirable that the judicial factor should continue to administer the surplus estate, direct the judicial factor to do so.
PART III
61.31 

(1) This rule applies to a judicial factor appointed as a–
(a) curator bonis;
(b) guardian;
(c) factor loco absentis; or
(d) commissary factor.
(2) Where a judicial factory is terminated by reason of the recovery, death or coming of age of the ward, or by reason of the exhaustion of the estate, the judicial factor, or where he has died, his representative, may apply to the Accountant of Court for a certificate of discharge.
(3) The judicial factor shall intimate a notice in Form 61.31 of an application under paragraph (2) to–
(a) the cautioner; and
(b) any person having an interest in the estate of the ward.
(4) Any person to whom intimation has been given under paragraph (3) may make written representations relating to the application to the Accountant of Court within 21 days after the date of such intimation.
(5) On the expiry of the period specified in paragraph (4), the Accountant of Court shall, after considering the application and representations made, send to–
(a) the factor,
(b) the Deputy Principal Clerk, and
(c) any person who has made representations,
a copy of his decision to issue or refuse to issue a certificate of discharge and a note of his reasons for making that decision.
(6) The Accountant of Court–
(a) shall not sign a certificate of discharge until the time for lodging an appeal under rule 61.32 has expired; and
(b) shall, on issuing a certificate of discharge, give written intimation of the issue of the certificate to the Deputy Principal Clerk.
(7) The issue of a certificate of discharge shall be sufficient authority for the judicial factor to uplift his bond of caution.
61.32 

(1) The judicial factor, or any person who has made representations under rule 61.31(4), may, within 14 days after intimation of a decision to him under rule 61.31(5), appeal to the Lord Ordinary against the determination of the Accountant of Court.
(2) An appeal under paragraph (1) shall be–
(a) made by letter to the Deputy Principal Clerk containing a statement of the grounds of appeal; and
(b) intimated to the Accountant of Court.
(3) On receipt of an appeal under paragraph (1), the Deputy Principal Clerk shall place the appeal before the Lord Ordinary in chambers for determination.
(4) On disposing of such an appeal, the Lord Ordinary may–
(a) direct the Accountant of Court to sign the certificate of discharge;
(b) ordain the judicial factor to lodge a petition for his discharge; or
(c) make such other order as he thinks fit.
(5) The decision of the Lord Ordinary on an appeal to him under paragraph (1) shall be final and not subject to review.
61.33 

(1) Where a judicial factor, other than one to whom rule 61.31 (applications for discharge to Accountant of Court) applies, seeks his discharge, he, or where he has died, his representative, shall apply to the court by petition for his discharge.
(2) The order for intimation and service under rule 14.5 (first order in petitions) in a petition for discharge of a judicial factor appointed under section 11A of the Judicial Factors (Scotland) Act 1889 shall include a requirement for–
(a) a notice of the petition in the Edinburgh Gazette in Form 61.33; and
(b) service on the cautioner and on the personal representatives of the deceased person in respect of whom the appointment was made.
(3) The court shall remit a petition under paragraph (1) to the Accountant of Court to report to the court on the petition.
CHAPTER 62
PART I
62.1 
Subject to Part XIII, the following rules shall not apply to a petition or application under this Chapter:–
 14.5 (first order in petitions),
 14.6 (period of notice for lodging answers),
 14.7 (intimation and service of petitions),
 14.9 (unopposed petitions).
62.2 

(1) Subject to paragraph (4), where  the sum payable under a judgment, award, recommendation or determination to be registered in accordance with a provision of this Chapter is expressed in a currency other than sterling, the petitioner or applicant, as the case may be, before applying to the Keeper of the Registers for registration of such a document, shall lodge in the Petition Department–
(a) a certified statement of the rate of exchange prevailing at–
(i) the date of the judgment, award, recommendation or determination,
(ii) the date on which the certified statement is lodged, or
(iii) a date within three days before the date on which the certified statement is lodged,
and of the sterling equivalent, at that rate, of the principal sum, interest and expenses contained in the judgment, award, recommendation or determination, as the case may be; and
(b) a certificate of currency conversion in Form 62.2.
(2) The certified statement required under paragraph (1) shall be by an official in the Bank of England or an institution authorised under the Banking Act 1987.
(3) On receipt of the documents specified in paragraph (1), the clerk of session shall, if satisfied with the terms of those documents, sign and date the certificate of currency conversion.
(4) This rule does not apply in relation to an application for registration of a judgment, court settlement or authentic instrument on uncontested claims certified as a European Enforcement Order under the Regulation, as defined in rule 62.81(1).
62.3 
Where a judgment, award, or other document lodged with a petition or application to which this Chapter applies is in a language other than English, there shall be produced with the petition a translation into English certified as correct by the translator; and the certificate shall include his full name, address and qualification.
PART II
62.4 

(1) This Part applies to an application to the court under the Administration of Justice Act 1920 or the Foreign Judgments (Reciprocal Enforcement) Act 1933.
(2) In this Part–
 “the Act of 1920” means the Administration of Justice Act 1920;
 “the Act of 1933” means the Foreign Judgments (Recriprocal Enforcement) Act 1933.
62.5 

(1) An application under section 9 of the Act of 1920 (enforcement in United Kingdom of judgments obtained in superior courts in other British Dominions etc.) shall be made by petition.
(2) An application under section 2 of the Act of 1933 (application for registration of a foreign judgment) shall be made by petition.
62.6 

(1) There shall be produced with the petition for registration referred to in rule 62.5 an affidavit–
(a) referring to the judgment or a certified copy of the judgment issued by the original court and authenticated by its seal; and
(b) stating–
(i) the full name, title, trade or business and the usual or last known place of residence or business of the judgment creditor and the judgment debtor respectively;
(ii) that the petitioner is entitled to have the judgment registered under the Act of 1920 or the Act of 1933, as the case may be;
(iii) where the judgment is in respect of several matters, only some of which may be registered, those in respect of which the petitioner seeks registration;
(iv) the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the date of the affidavit;
(v) the amount of the judgment which is unsatisfied;
(vi) that at the date of presentation of the petition the judgment may be enforced by execution in the country of the original court;
(vii) that if the judgment were registered, the registration would not be, or be liable to be, set aside under section 4 of the Act of 1933; and
(viii) that the judgment is not a judgment to which section 5 of the Protection of Trading Interests Act 1980 (restriction on enforcement of certain overseas judgments) applies.
(2) There shall be produced with a petition referred to in rule 62.5 such other evidence with respect to the matters referred to in sub-paragraphs (b)(iv) and (b)(vi) of paragraph (1) as may be required having regard to the provisions of an order in Council made under section 1 of the Act of 1933 (power to extend the Act of 1933 to the country of the original court).
62.7 

(1) The court shall, on being satisfied that the petition complies with the requirements of the Act of 1920 or the Act of 1933, as the case may be, pronounce an interlocutor granting warrant for the registration of the judgment.
(2) The interlocutor under paragraph (1) shall specify a date by which the judgment debtor may apply to the court to set aside the registration; and in fixing such date, regard shall be had to the place of residence of the judgment debtor.
(3) In fixing the date under paragraph (2), the court shall have regard, in the case of a judgment debtor furth of Scotland, to the periods for superseding extract of a decree in absence in rule 19.1(5).
62.8 

(1) Where the court pronounces an interlocutor under rule 62.7(1) granting warrant for registration, the Deputy Principal Clerk shall enter details of the judgment in a register of judgments under the Act of 1920 or the Act of 1933, as the case may be, kept in the Petition Department.
(2) On presentation by the petitioner to the Keeper of the Registers of–
(a) a certified copy of the interlocutor under rule 62.7(1) granting warrant for registration,
(b) the judgment or a certified copy of the judgment and any translation of it, and
(c) any certificate of currency conversion under  rule 62.2(1)(b),
they shall be registered in the register of judgments of the Books of Council and Session.
(3) An extract of a registered judgment with a warrant for execution shall not be issued by the Keeper of the Registers until the certificate mentioned in rule 62.10(3) is produced to him.
62.9 
On registration of a judgment under rule 62.8(2), the petitioner shall serve a notice of the registration on the judgment debtor in Form 62.9.
62.10 

(1) An application by a judgment debtor to set aside the registration of a judgment shall be made by note and supported by affidavit and any documentary evidence.
(2) In relation to such an application, the court may order such inquiry as it thinks fit.
(3) Where no such application is made by the date specified in the interlocutor pronounced under rule 62.7(2) or where the application has been made and refused, the Deputy Principal Clerk shall, at the request of the petitioner, issue a certificate to that effect.
(4) Subject to paragraph (5), where such an application is granted, a certificate to that effect issued by the Deputy Principal Clerk shall be sufficient warrant to the Keeper of the Registers to cancel the registration and return the judgment to the petitioner.
(5) Where the court makes an order under section 5(3) of the Act of 1933 (judgment ordered to be registered for balance payable), it shall pronounce an interlocutor–
(a) recalling the warrant for registration granted under rule 62.7; and
(b) granting warrant for registration of the judgment in respect of the balance remaining payable at the date of the original petition for registration.
62.11 

(1) An application under section 10 of the Act of 1920 or the Act of 1933, as the case may be, for a certified copy of a judgment pronounced by the court shall be made by letter to the Deputy Principal Clerk.
(2) On receipt of such an application, the Deputy Principal Clerk shall issue under the seal of the court a copy of the judgment certified by him in Form 62.11.
(3) Where such an application is made under section 10 of the Act of 1933, the Deputy Principal Clerk shall issue with the certified copy of the judgment a further certificate under the seal of the court signed by him containing the details, and having appended the documents, mentioned in paragraph (4).
(4) A certificate under paragraph (3) shall–
(a) state–
(i) the manner in which the principal writ or counterclaim was served on the judgment debtor;
(ii) whether or not the judgment debtor entered appearance or lodged answers in the process of the cause;
(iii) any objection made to the jurisdiction;
(iv) that the time limit for appeal has expired and that no appeal has been taken, or that an appeal was taken but was refused; and
(v) such other particulars as may be required by the foreign court which may enable execution of the judgment; and
(b) number, identify and have appended to it a copy of–
(i) the principal writ or counterclaim showing the manner in which such writ was served on the judgment debtor;
(ii) the pleadings, if any, in the cause resulting i n the judgment; and
(iii) a copy of the opinion, if any, of the judge or judges who issued the judgment.
(5) Where necessary, the applicant shall provide the copies of the documents mentioned in paragraph (4).
PART III
62.12 

(1) This Part applies to the registration of awards under the Arbitration (International Investment Disputes) Act 1966.
(2) In this Part–
 “the Act of 1966” means the Arbitration (International Investment Disputes) Act 1966;
 “award” has the meaning assigned to it in section 1(7) of the Act of 1966;
 “the Convention” means the convention mentioned in section 1(1) of the Act of 1966.
62.13 

(1) An application for recognition or enforcement of an award under Article 54 of the Convention shall be made by petition.
(2) There shall be produced with such a petition an affidavit–
(a) exhibiting a copy of the award certified under the Convention; and
(b) stating–
(i) the full name, title, trade or business and the usual or the last known place of residence or, where appropriate, of the business of the petitioner and of the party against whom the award was made;
(ii) that the petitioner is entitled to have the award registered under the Act of 1966;
(iii) the amount of the award which is unsatisfied;
(iv) whether the enforcement of the award has been sisted (provisionally or otherwise) under the Convention and whether any, and if so what, application has been made under the Convention which, if granted, might result in a sist of enforcement of the award.
62.14 
The court shall, subject to rule 62.17 (sist of enforcement), on being satisfied that the petition complies with the requirements of the Act of 1966, pronounce an interlocutor granting warrant for the registration of the award.
62.15 

(1) Where the court pronounces an interlocutor under rule 62.14 granting warrant for registration, the Deputy Principal Clerk shall enter details of the interlocutor and the award in a register of awards under the Act of 1966.
(2) On presentation by the petitioner to the Keeper of the Registers of–
(a) a certified copy of the interlocutor under rule 62.14,
(b) a certified copy of the award and any translation of it, and
(c) any certificate of currency conversion under  rule 62.2(1)(b),
they shall be registered in the register of judgments of the Books of Council and Session.
(3) An extract of the registered award with warrant for execution shall not be issued by the Keeper of the Registers until a certificate of service under rule 62.16 is produced to him.
62.16 
On registration under rule 62.15, the petitioner shall forthwith serve a notice of the registration on the party against whom the award was made in Form 62.16.
62.17 

(1) Where it appears to the court that–
(a) the enforcement of the award has been sisted (whether provisionally or otherwise) under the Convention, or
(b) any application has been made under the Convention which, if granted, might result in a sist of the enforcement of the award,
the court shall, or in the case referred to in sub-paragraph (b) may, sist the petition for such time as it thinks fit.
(2) Where the court has granted a warrant for registration under rule 62.14, the party against whom the award was made may apply to the court for suspension or interdict of execution of the award.
(3) An application under paragraph (2) shall–
(a) be made on ground (a) or (b) of paragraph (1);
(b) notwithstanding rule 60.2 (form of applications for suspension), be made by note in the process of the petition under rule 62.13; and
(c) be accompanied by an affidavit stating the relevant facts.
PART IV
62.18 

(1) In this Part–
 “EU judgment” means any decision, judgment or order which is enforceable under or in accordance with–
(a) Article 280 or 299 of the Treaty on the Functioning of the European Union,
(b) Article 18, 159 or 164 of the Euratom Treaty, ...
(c) Article 44 or 92 of the E.C.S.C. Treaty;  or
(d) Article 82 of Regulation 40/94 of December 20, 1993 regulation of the Council of the European Union: on the Community trade mark)
 “Euratom inspection order” means an order made by or in the exercise of the functions of the President of the European Court or by the Commission of the  European Union  under Article 81 of the Eurotom Treaty;
 “European Court” means the Court of Justice of the European Union;
 “order for enforcement” means an order by or under the authority of the Secretary of State that the  EU judgment  to which it is appended is to be registered for enforcement in the United Kingdom.
(2) In paragraph (1), the expressions ... “Euratom Treaty” and “E.C.S.C. Treaty” have the meanings assigned respectively in Schedule 1 to the European Communities Act 1972.
(3) In paragraph (1), “the Treaty on the Functioning of the European Union” means the treaty referred to in section 1(2)(s) of the European Communities Act 1972.
62.19 
A register shall be kept by the Deputy Principal Clerk for the purpose of registering–
(a) any  EU judgment  to which the Secretary of State has attached an order for enforcement
(b) any Euratom inspection order; or
(c) any order of the European Court that enforcement of a registered  EU judgment  shall be suspended.
62.20 

(1) An application for registration of  an EU judgment  or Euratom inspection order shall be made by petition.
(2) Where the application is for registration of  an EU judgment  under which a sum of money is payable, the petition shall set out–
(a) the name, trade or business and the usual or last known place of residence or business of the judgment debtor, so far as known to the petitioner; and
(b) the amount of the judgment which remains unsatisfied.
(3) There shall be produced with a petition referred to in paragraph (1) the  EU judgment  and the order for its enforcement or the Euratom inspection order, as the case may be, or a copy of it.
62.21 

(1) On an application being made under rule 62.20, the court shall direct that any Euratom inspection order or  any EU judgment  which has appended to it an order for enforcement shall be entered in the register kept under rule 62.19 and–
(a) in respect of  an EU judgment, subject to paragraph (2), pronounce an interlocutor granting warrant for registration of the judgment in the Books of Council and Session; or
(b) in respect of a Euratom inspection order, pronounce such interlocutor as is necessary for the purpose of ensuring that effect is given to that order.
(2) Where it appears that  an EU judgment  under which a sum of money is payable has been partly satisfied at the date of the application under rule 62.20, warrant for registration in the Books of Council and Session shall be granted only in respect of the balance remaining payable at that date.
62.22 

(1) On presentation by the petitioner to the Keeper of the Registers of–
(a) a certified copy of an interlocutor pronounced under rule 62.21(1)(a),
(b) the  EU judgment  or a certified copy of it and any translation of it, and
(c) any certificate of currency conversion under  rule 62.2(1)(b),
they shall immediately be registered in the register of judgments of the Books of Council and Session.
(2) On registration under paragraph (1), the Keeper of the Registers shall issue an extract of the registered EU judgment with a warrant for execution.
62.23 
On an interlocutor being pronounced under rule 62.21(1)(a), the petitioner shall forthwith serve a copy of it on the person against whom the  EU judgment  was given or the Euratom inspection order was made, as the case may be.
62.24 

(1) An application for the variation or cancellation of any registration shall be made by note in the process of the petition under rule 62.20(1).
(2) Where the court grants an application under paragraph (1), it may direct that the entry in the register kept under rule 62.19, and, in the case of variation of  an EU judgment, the entry in the Books of Council and Session, shall be varied as sought by the noter.
62.25 

(1) An order of the European Court that enforcement of a registered  EU judgment  be suspended–
(a) shall–
(i) on production of the order to the Court of Session, and
(ii) on application made by note,
be registered forthwith, and
(b) shall be of the same effect as if the order had been an order made by the Court of Session on the date of its registration suspending the execution of the judgment for the same period and on the same conditions as are stated in the order of the European Court.
(2) No steps to enforce the judgment mentioned in paragraph (1) shall be taken while such an order of the European Court remains in force.
PART V
62.26 

(1) This Part applies to the recognition and enforcement of a judgment under the Act of 1982 or the Lugano Convention.
(2) Unless the context otherwise requires, in this Part—
 “the Act of 1982” means the Civil Jurisdiction and Judgments Act 1982;
 “Contracting State” has the meaning assigned in section 1(3) of the Act of 1982;
 “judgment” includes an authentic instrument or court settlement;
 ...
 “the Lugano Convention” means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30th October 2007;
 ...
62.27 
The following provisions shall not apply to an application under this Part in addition to those rules mentioned in rule 62.1:–
 rule 4.1(1) (printed form for petition),
 14.4 (form of petitions).
62.28 

(1) An application under—
(a) section 4 of, and Article 31 (enforcement of judgment from another Contracting State) or Article 50 (enforcement of authentic instrument or court settlement from another Contracting State) of the Convention in Schedule 1 ... to, the Act of 1982; or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Article 38 (enforcement of judgment from another State bound by the Lugano Convention), Article 57 (enforcement of authentic instrument from another State bound by the Lugano Convention) or Article 58 (enforcement of court settlement from another State bound by the Lugano Convention) of the Lugano Convention.
shall be made by petition in Form 62.28.
(2) ... There shall be produced with the petition–
(a) an authentic copy of the judgment to be registered;
(b) a document which establishes that, according to the law of the country in which the judgment has been given, the judgment is enforceable and has been served;
(c) where judgment has been given in absence (that is to say, in default of appearance), the original or a certified copy of the document which establishes that the party against whom judgment was given in absence was served with the document initiating the proceedings or with an equivalent document;
(d) where applicable, a document showing that the applicant is in receipt of legal aid in the country in which the judgment was given;
(e) an affidavit stating—
(i) whether the judgment provides for the payment of a sum of money;
(ii) whether interest is recoverable on the judgment under the law of the country in which judgment was given and, if so, the rate of interest, the date from which interest is due and the date on which interest ceases to accrue;
(iii) an address within the jurisdiction of the court for service on or intimation to the petitioner;
(iv) the usual or last known place of residence or business of the person against whom the judgment was given;
(v) the grounds on which the petitioner is entitled to enforce the judgment; and
(vi) the part of the judgment which is unsatisfied.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) Paragraph (2)(b) and (d) shall not apply to a petition under Article 38 (enforcement of judgment from another State bound by the Lugano Convention), Article 57 (enforcement of authentic instrument from another State bound by the Lugano Convention) or Article 58 (enforcement of court settlement from another State bound by the Lugano Convention) of the Lugano Convention but there shall be produced with such a petition a certificate under Article 54 (standard form of certificate of judgment), Article 57 (standard form of certificate of authentic instrument) or Article 58 (standard form of certificate of court settlement) of the Lugano Convention.
(4) Where the petitioner does not produce a document required under paragraph (2)(a) to (d)  ... or (3A), the court may—
(a) fix a period within which that document is to be lodged;
(b) accept an equivalent document; or
(c) dispense with the requirement to produce the document.
62.29 

(1) On lodging a petition, the petitioner may, at any time until the expiry of the period for lodging an appeal referred to in rule 62.34 or its disposal, apply by motion for a warrant for the execution of protective measures.
(2) On lodging such a petition, the petitioner may, at any time until the expiry of the period for lodging an appeal mentioned in rule 62.34 or its disposal, apply by motion for an interim interdict.
62.30 

(1) The court shall, on being satisfied that the petition complies with the requirements of the Act of 1982...or the Lugano Convention, pronounce an interlocutor—
(a) granting warrant for the registration of the judgment;
(b) granting warrant for the execution of protective measures; and
(c) where necessary, granting decree in accordance with Scots law.
(2) The interlocutor pronounced under paragraph (1) shall specify—
(a) the period within which an appeal mentioned in rule 62.34 against the interlocutor may be made; and
(b) that the petitioner—
(i) may register the judgment under rule 62.32; and
(ii) may not proceed to execution until the expiry of the period for lodging such an appeal or its disposal.
62.31 
Where the court pronounces an interlocutor under rule 62.30(1) granting warrant for registration, the Deputy Principal Clerk shall intimate such interlocutor to the petitioner by sending to his address for service in Scotland a certified copy of the interlocutor by registered post or the first class recorded delivery service.
62.32 

(1) Where the court pronounces an interlocutor under rule 62.30(1) granting warrant for registration, the Deputy Principal Clerk shall enter the judgment in a register of judgments, authentic instruments and court settlements under the Act of 1982... and the Lugano Convention  kept in the Petition Department.
(2) On presentation by the petitioner to the Keeper of the Registers of—
(a) a certified copy of the interlocutor under rule 62.30(1) granting warrant for registration;
(b) an authentic copy of the judgment and any translation of it; and
(c) any certificate of currency conversion under rule 62.2(1)(b),
they shall be registered in the register of judgments of the Books of Council and Session.
(3) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered judgment with a warrant for execution.
62.33 
The petitioner shall serve a copy of the interlocutor granting warrant for registration of a judgment and a notice in Form 62.33 on the person liable under the judgment.
62.34 

(1) An appeal under Article 37 of the convention in Schedule 1 to the Act of 1982 (appeal against granting of warrant for registration), ... or an appeal under Article 43 (appeals by either party) of the Lugano Convention against the granting of a warrant for registration shall be made by motion—
(a) to the Lord Ordinary; and
(b) within one month of service under rule 62.33 (service of warrant for registration under the Act of 1982... or the Lugano Convention) or within two months of such service where service was executed on a person domiciled in another Contracting State or, as the case may be ... State bound by the Lugano Convention.
(2) An appeal under Article 40 of the convention in Schedule 1 to the Act of 1982 (appeal against refusal to grant warrant for registration) ... or an appeal under Article 43 (appeals by either party) of the Lugano Convention against a refusal to grant warrant for registration shall be made by motion—
(a) to the Lord Ordinary; and
(b) within one month of the interlocutor pronounced under rule 62.30(1) (warrant for registration under the Act of 1982 ... or the Lugano Convention).
(3) Where the respondent in any such appeal is domiciled furth of the United Kingdom—
(a) in relation to an appeal under paragraph (1), intimation of the motion shall be made to the address for service of the respondent in Scotland; and
(b) in relation to an appeal under paragraph (2), intimation of the motion shall be made in accordance with rule 16.2 (service furth of United Kingdom) or rule 16.5 (service where address of person is not known), as the case may be.
(4) Where an appeal under paragraph (1) is successful, the court shall, on the motion of the appellant, pronounce an interlocutor recalling any protective measure or interim interdict.
62.35 

(1) Any party dissatisfied with the interlocutor of the Lord Ordinary in any appeal mentioned in rule 62.34 (appeals under the Act of 1982... or the Lugano Convention ) may reclaim on a point of law against that interlocutor.
(2) Where a reclaiming motion under paragraph (1) against the registration of a judgment is successful, the court shall, on the motion of the appellant, pronounce an interlocutor recalling any protective measure or interim interdict.
62.36 

(1) For the purposes of Article 26 of the convention in Schedule 1 to the Act of 1982 ... or Article 33 of the Lugano Convention (recognition of judgment), an interlocutor pronounced under rule 62.30(1) (warrant for registration under the Act of 1982, the Council Regulation or the Lugano Convention) shall imply recognition of the judgment so dealt with.
(2) In an application under Article 26(2) of the convention in Schedule 1 to the Act of 1982 (application for recognition of a judgment) ... or Article 33(2) of the Lugano Convention (application for recognition of a judgment), rules 62.26 to 62.35 shall apply to such an application as they apply to an application under Article 31 of the convention in Schedule 1 to the Act of 1982, subject to the following provisions—
(a) it shall not be necessary to produce any documents required by rule 62.28(2)(b) and (d); and
(b) rule 62.32 shall not apply.
62.37 

(1) An application under paragraph 5 of Schedule 6 to the Act of 1982 (application for registration in the Court of Session of a certificate in relation to a money provision in a judgment from another part of the United Kingdom) shall be made by presenting to the Keeper of the Registers—
(a) a certificate under paragraph 4(1) of Schedule 6 to the Act of 1982; and
(b) any certificate of currency conversion under rule 62.2(1)(b).
(2) On presentation of the certificate mentioned in paragraph (1)(a), the Keeper of the Registers shall—
(a) register the certificate in the register of judgments of the Books of Council and Session; and
(b) issue an extract of the certificate with a warrant for execution.
(3) An application under—
(a) paragraph 9 of Schedule 6 to the Act of 1982 (application to sist proceedings for enforcement of a certificate registered under paragraph (2) of this rule); or
(b) paragraph 10 of Schedule 6 to the Act of 1982 (application for reduction of registration),
shall be made by petition.
62.38 

(1) An application under paragraph 5 of Schedule 7 to the Act of 1982 (application for registration in the Court of Session of a non-money provision in a judgment from another part of the United Kingdom) shall be made by petition in Form 62.38.
(2) There shall be produced with the petition under paragraph (1)—
(a) a certified copy of the judgment of the original court; and
(b) a certificate under paragraph 4(1)(b) of Schedule 7 to the Act of 1982.
(3) The petition under paragraph (1) shall be heard by the Lord Ordinary in chambers and shall not require any appearance for the applicant unless the court so requires.
(4) The court shall, on being satisfied that the petition complies with the requirements of section 18 of, and Schedule 7 to, the Act of 1982, pronounce an interlocutor—
(a) granting warrant for the registration of the judgment; and
(b) where necessary, granting decree in accordance with Scots law.
(5) Where the court pronounces an interlocutor under paragraph (4), rule 62.32 shall apply to the registration of a judgment under this rule as it applies to the registration of a judgment under that rule.
(6) An application under—
(a) paragraph 8 of Schedule 7 to the Act of 1982 (application to sist proceedings for enforcement of a judgment registered under paragraph (5) of this rule); or
(b) paragraph 9 of Schedule 7 to the Act of 1982 (application to reduce the registration under paragraph (5) of this rule),
shall be made by petition.
62.39 
Where—
(a) an interlocutor under rule 62.30(1) (warrant for registration under the Act of 1982 ... or the Lugano Convention) is recalled and registration under rule 62.32 (registration under the Act of 1982 ... or the Lugano Convention) is ordered to be cancelled after an appeal under Article 37 of the convention in Schedule 1 to the Act of 1982 ... or an appeal under Article 43 of the Lugano Convention; or
(b) registration under rule 62.37(2) (registration of judgments from another part of the United Kingdom in Scotland (money provisions)) or rule 62.38(5) (registration of judgments from another part of the United Kingdom in Scotland (non-money provisions)) is reduced,a certificate to that effect by the Deputy Principal Clerk shall be sufficient warrant to the Keeper of the Registers to cancel the registration and return the judgment, certificate or other documents to the person who applied for registration.
62.40 

(1) Where a person seeks to apply under section 12 of the Act of 1982 for recognition or enforcement in another Contracting State of a judgment given by the court or a court settlement in the court, he shall apply by letter to the Deputy Principal Clerk for–
(a) a certificate in Form 62.40-A;
(b) a certified copy of the judgment; and
(c) if required, a certified copy of the opinion of the court.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) Where a person seeks to apply under Title III of the Lugano Convention for recognition or enforcement in another State bound by the Lugano Convention of a judgment given by the court, he shall apply by letter to the Deputy Principal Clerk for—
(a) a certificate under Article 54 of the Lugano Convention;
(b) a certified copy of the judgment; and
(c) if required, a certified copy of the opinion of the court.
(3) The Deputy Principal Clerk shall not issue a certificate under paragraph (1)(a)  ... or (2A)(a)  unless there is produced to him an execution of service of the judgment on the person on whom it is sought to be enforced.
(4) Where a person seeks to apply under Article 50 of the convention in Schedule 1 ... to the Act of 1982 for enforcement of an authentic instrument or court settlement registered for execution in the Books of Council and Session, he shall apply by letter to the Keeper of the Registers for—
(a) a certificate in Form 62.40-B or; and
(b) an extract of the authentic instrument or court settlement.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) Where a person seeks to apply under Article 57 or 58 of the Lugano Convention for enforcement in another State bound by the Lugano Convention of an authentic instrument or court settlement registered for execution in the Books of Council and Session, he shall apply by letter to the Keeper of the Registers for—
(a) a certificate under Article 57 or 58 of the Lugano Convention; and
(b) an extract of the authentic instrument or court settlement.
(6) The Keeper of the Registers shall not issue a certificate under  paragraph (4) ... or (5A)  unless there is produced to him an affidavit verifying that enforcement has not been suspended and that the time available for enforcement has not expired.
62.41 

(1) Where a person seeks to apply under Schedule 6 to the Act of 1982 for enforcement in another part of the United Kingdom of a money provision in a judgment given by the court, he shall apply by letter to the Deputy Principal Clerk for a certificate in Form 62.41 A.
(2) The Deputy Principal Clerk shall not issue a certificate under paragraph (1) unless there is produced to him an affidavit stating—
(a) the sum or aggregate of sums including interest and expenses payable and unsatisfied;
(b) that the time for making an appeal against such judgment has expired or such appeal has been finally determined;
(c) that enforcement of the judgment has not been suspended and the time available for its enforcement has not expired; and
(d) the address of the party entitled to enforce, and the usual or last known address of the party liable to execution on, the judgment.
(3) Where a person seeks to apply under Schedule 6 to the Act of 1982 for enforcement in another part of the United Kingdom of a document registered for execution in the Books of Council and Session, he shall apply by letter to the Keeper of the Registers for—
(a) a certificate in Form 62.41 B; and
(b) an extract of the document.
(4) The Keeper of the Registers shall not issue a certificate under paragraph (3) unless there is produced to him an affidavit which includes the statements required under paragraph (2)(a), (c) and (d).
62.42 

(1) Where a person seeks to apply under Schedule 7 to the Act of 1982 for enforcement in another part of the United Kingdom of a non-money provision in a judgment of the court, he shall apply by letter to the Deputy Principal Clerk for—
(a) a certificate in Form 62.42 A; and
(b) a certified copy of such judgment.
(2) The Deputy Principal Clerk shall not issue a certificate under paragraph (1) unless there is produced to him an affidavit stating—
(a) that the time for making an appeal against such judgment has expired or such appeal has been finally determined; and
(b) the address of the party entitled to enforce, and the usual or last known address of the party liable to execution on, the judgment or registered document.
(3) Where the Deputy Principal Clerk issues a certificate in Form 62.42-A, he shall attach it to the certified copy judgment.
(4) Where a person seeks to apply under Schedule 7 to the Act of 1982 for enforcement in another part of the United Kingdom of a non-money provision in a document registered for execution in the Books of Council and Session, he shall apply by letter to the Keeper of the Registers for—
(a) a certificate in Form 62.42; and
(b) an extract of the document.
(4) The Keeper of the Registers shall not issue a certificate under paragraph (4) unless there is produced to him an affidavit referred to in paragraph (2).
(5) Where the Keeper of the Registers issues a certificate in Form 62.42-B, he shall attach it to the extract of the document.
PART VA
62.42A. 

(1) This Part applies to the recognition and enforcement of a judgment under the Brussels I (recast) Regulation.
(2) In this Part—
 “adaptation order” means an order for the adaptation of a measure or order which is contained in a foreign judgment but is unknown under the law of Scotland, pursuant to Article 54 of the Brussels I (recast) Regulation;
 “authentic settlement” has the meaning given by Article 2(c) of the Brussels I (recast) Regulation;
 “the Brussels I (recast) Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12th December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) as amended from time to time and as applied by the Agreement of 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
 “court settlement” has the meaning given by Article 2(b) of the Brussels I (recast) Regulation;
 “judgment” has the meaning given by Article 2(a) of the Brussels I (recast) Regulation.
62.42B. 
Rules 4.1(1) (printed form for petition) and 14.4 (form of petitions) do not apply to an application under this Part.
62.42C. 

(1) An application under the following provisions of the Brussels I (recast) Regulation is to be made by petition in Form 62.42C-A—
(a) Article 36(2) (decision that there are no grounds for refusal of recognition as referred to in Article 45);
(b) Article 45(1) (refusal of recognition of judgment);
(c) Article 46 (refusal of enforcement of judgment);
(d) Article 58(1) (refusal of enforcement of authentic instrument);
(e) Article 59 (refusal of enforcement of court settlement).
(2) An application for an adaptation order is to be made by petition in Form 62.42C-B.
(3) A challenge under Article 54 (2) of the Brussels I (recast) Regulation to the adaptation of a measure or order without an adaptation order is to be made by petition in Form 62.42C-C.
PART VI
62.43 

(1) This part applies to an application under section 9 of the Merchant Shipping (Liner Conferences) Act 1982 (recognition and enforcement of recommendations, etc., of conciliators).
(2) In this Part, “the Liner Conferences Act” means the Merchant Shipping (Liner Conferences) Act 1982.
62.44 

(1) An application under–
(a) section 9(1)(b) of the Liner Conferences Act (application for registration for enforcement of a recommendation, determination or award), or
(b) section 9(3) of that Act (application for registration for enforcement of a determination of costs),
shall be made by petition.
(2) A petition under section 9(1)(b) of the Liner Conferences Act shall include averments in relation to–
(a) the reasons for the petition; and
(b) where appropriate, the limited extent to which the recommendation is enforceable under section 9(2) of that Act.
(3) There shall be produced with the petition–
(a) a certified copy of the recommendation, the reasons for the recommendation and the record of settlement;
(b) a copy of the acceptance of the recommendation by the parties on whom it is binding.
(4) There shall be produced with a petition under section 9(3) of the Liner Conferences Act a certified copy of the determination of costs.
62.45 
The court, on being satisfied that the recommendation, determination or award may be registered, shall pronounce an interlocutor granting warrant for registration of the recommendation, determination or award, as the case may be.
62.46 

(1) Where the court pronounces an interlocutor under rule 62.45 granting warrant for registration–
(a) the Deputy Principal Clerk shall enter the warrant in the register of recommendations, deter-minations and awards to be registered under section 9 of the Liner Conferences Act; and
(b) the petitioner shall serve a copy of the interlocutor containing such warrant on the party against whom the recommendation, determination or award may be enforced.
(2) On presentation by the petitioner to the Keeper of the Registers of–
(a) a certified copy of the interlocutor under rule 62.45 granting warrant for registration,
(b) a certified copy of the recommendation, determination or award to be registered and any translation of it, and
(c) where necessary, a certificate of currency conversion under  rule 62.2(1)(b),
they shall be registered in the register of judgments of the Books of Council and Session.
(3) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered recommendation, determination or award, as the case may be, with a warrant for execution.
PART VII
62.47 
In this Part–
 ...
 ...
 “the Act of 1989” means the Prevention of Terrorism (Temporary Provisions) Act 1989;
 “the Act of 1995” means the Proceeds of Crime (Scotland) Act 1995;
 “the Act of 2000” means the Terrorism Act 2000;
 “money order” means an order for the payment of money;
 “non-money order” means an order which is not a money order;
 “the Order of 1995” means the Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995; 
 “the Order of 1999” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1999;
 “the Overseas Forfeiture Order of 2005” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 2005;
 “the POCA Order of 2005” means the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005;
 “relevant enactment” means ... the Act of 1989, the Act of 1995  , the Act of 2000  the Order of 1995  , the Order of 1999, the Overseas Forfeiture Order of 2005 or the POCA Order of 2005, as the case may be.
62.48 

(1) An application to which this rule applies shall be made by petition.
(2) This rule applies to an application under any of the following provisions:–
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) paragraph 19(2) of Schedule 4 to the Act of 1989 (application for registration of an England and Wales order, Northern Ireland order or Islands order);
(b) section 36(1) of the Act of 1995 (application for registration of an order to which section 35 of the Act of 1995 applies);
(c) section 41(1) of the Act of 1995 (application for registration of external confiscation order);
(d) article 15(1) of the Order of 1995 (application for registration of external forfeiture order in relation to terrorism);
(e) article 16(1) of the Order of 1995 (application for registration of external restraint order).
(f) article 5(1) of the Order of 1999 (application for registration of external forfeiture order other than in relation to terrorism).
(g) paragraph 27(3) of Schedule 4 to the Act of 2000 (application for registration of an England and Wales order, Northern Ireland order or Islands order
(h) article 13(1) of the Overseas Forfeiture Order of 2005 (applications to give effect to external forfeiture orders);
(i) article 66(1) of the POCA Order of 2005 (applications to give effect to external orders).
(3) There shall be produced with a petition under paragraph (1) a certified copy of the order which is sought to be registered.
62.49 
The court shall, on being satisfied that the application complies with the requirements of the  relevant enactment, as the case may be–
(a) pronounce an interlocutor granting warrant for execution of a non-money order; or
(b) pronounce an interlocutor granting warrant for the registration of a money order.
62.50 

(1) Where the court pronounces an interlocutor under rule 62.49, the Deputy Principal Clerk shall enter the order in the register for the registration of orders under the  relevant enactment.
(2) On presentation by the petitioner to the Keeper of the Registers of–
(a) a certified copy of the interlocutor pronounced under rule 62.49(b), and
(b) a certified copy of the order to be registered,
they shall be registered in the register of judgments of the Books of Council and Session.
(3) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered order with a warrant for execution.
62.51 
The petitioner shall serve a copy of the interlocutor, pronounced under rule 62.49 granting warrant for registration, and a notice in Form 62.51 on the person against whom the order may be enforced.
62.51A 
Where an interlocutor granting warrant for the registration of an external confiscation order is pronounced and the order falls to be remitted for enforcement to the Sheriff of Lothian and Borders at Edinburgh, the Deputy Principal Clerk shall send a certified copy of the interlocutor, within four days after it is pronounced, to the sheriff clerk at Edinburgh.
62.52 

(1) Where an order under ...section 36(1) of the Act of 1995  has been registered under rule 62.50, the court may, on the application of the person against whom the order may be enforced, if satisfied that an application has been made to the court which made the order to have it set aside or quashed–
(a) suspend enforcement of the order; and
(b) sist any proceedings for enforcement of the order.
(2) Notwithstanding rule 60.2 (form of applications for suspension), an application under paragraph (1) shall be made by note in the process in the petition under rule 62.48(1).
62.53 

(1) An application to modify or cancel the registration of an order under the Act of ... 1989 or 1995or 2000 registered under rule 62.50 shall be made–
(a) by the petitioner, by motion; or
(b) by any other interested party, by note.
(2) There shall be produced with the application under paragraph (1) a certified copy of any order which modifies or revokes the registered order or which causes the order to cease to have effect.
(3) The court shall, on being satisfied–
(a) that the registered order has been modified, revoked or has ceased to have effect, or
(b) that the registration of an external confiscation order should be cancelled in terms of section  41(3) of the Act of 1995,
pronounce an interlocutor so modifying or cancelling the registration, as the case may be, and grant warrant for the registration of a certified copy of the interlocutor in the  register of judgments of the Books of Council and Session.
(4) Where the court pronounces an interlocutor under paragraph (3), the Deputy Principal Clerk shall modify or cancel the registration in the register kept under rule 62.50(1) in accordance with that interlocutor.
62.54 

(1) Any of the following applications shall be made in the prayer of the petition under rule 62.48(1) to which it relates or, if the prayer of that petition has been granted, by motion in the process of that petition:—
(a) an application under section 32(1) of the Act of 1995 for a warrant for inhibition;
(b) an application under section 33(1) of the Act of 1995 (warrant for arrestment);
(c) an application under paragraph 16(1) (warrant for inhibition), or paragraph 16A(1) (warrant for arrestment), of Schedule 4 to the Act of 1989 as applied by paragraph 19(5) of that Schedule or by article 18 of the Order of 1995, as the case may be.
(2) Either of the following applications shall be made in the prayer of the petition under rule 62.48(1) to which it relates or, if the prayer of the petition has been granted, by note in the process of that petition:—
(a) an application under sub-paragraph (4) of paragraph 19 of Schedule 4 to the Act of 1989 for an order in implementation of an England and Wales, Northern Ireland or Islands forfeiture order registered in the Court of Session under that paragraph;
(b) an application under article 17 of the Order of 1995 for an order in implementation of an external forfeiture order registered in the Court of Session under article 15(1) of that Order.
(3) Where the court makes an order by virtue of paragraph 19(4) of Schedule 4 to the Act of 1989 or article 17 of the Order of 1995 appointing an administrator, rules 76.24 to 76.26 (which relate to the duties of an administrator) shall apply to an administrator appointed by virtue of that paragraph or article as they apply to an order in implementation of a forfeiture order.
62.54A 

(1) An application under article 16(3) of the Overseas Forfeiture Order of 2005 (application for cancellation of registration or variation of property) or article 69(3) of the POCA Order of 2005 (application for cancellation of registration or variation of property) shall be made–
(a) by the Lord Advocate, by motion; or
(b) by any other interested party, by note.
(2) There shall be produced with an application under paragraph (1), a certified copy of any order which modifies or revokes the registered order or which causes the registered order to cease to have effect.
(3) The court shall, on pronouncing an interlocutor granting an application under paragraph (1), grant warrant for the registration of a certified copy of the interlocutor in the register of judgments of the Books of Council and Session.
(4) Where the court pronounces an interlocutor granting an application under paragraph (1), the Deputy Principal Clerk shall cancel or, as the case may be, vary the registration in the register kept under rule 62.50(1) in accordance with that interlocutor.
62.54B 

(1) Rule 62.2 (certificate of currency conversion) shall not apply to an application under article 66(1) of the POCA Order of 2005 (application to give effect to external orders).
(2) An application under article 72(4) (payment within a specified period) or article 72(6) (extension of specified period) of the POCA Order of 2005 shall be made by motion in the process relating to the granting of the application under article 66(1) of the POCA Order of 2005.
(3) The Deputy Principal Clerk shall send to the sheriff clerk appointed under article 69(1)(c) of the POCA Order of 2005 a certified copy of the interlocutor granting warrant for registration under rule 62.49 and of any subsequent interlocutor granting an application under–
(a) rule 62.54A(1) (application for cancellation of registration or variation of property);
(b) paragraph (3) of this rule (payment within specified period and extension of specified period);
(c) rule 76.28(1)(i) (enforcement administrators); or
(d) rule 76.28(3)(i) (recall and variation of order appointing administrator),
in respect of the registered order.
PART VIII
62.55 
Part III shall, with the necessary modifications, apply to an award under Article 4 of Annex II to the convention referred to in section 1(1) of the Multilateral Investment Guarantee Agency Act 1988 as it applies to an award under the convention mentioned in section 1(1) of the Arbitration (International Investment Disputes) Act 1966.
PART IX
62.56. 

(1) In this Part—
 “the 2010 Act” means the Arbitration (Scotland) Act 2010;
 “the Convention” means the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
 “Convention award” means an award made in pursuance of a written arbitration agreement in a territory of a state (other than the United Kingdom) which is a party to the Convention.
(2) This Part applies to an application under section 19 of the 2010 Act (recognition and enforcement of New York Convention awards).
62.57. 

(1) An application for enforcement of a Convention award under section 19(2) of the 2010 Act shall be made by petition or, where there are proceedings depending before the court under the 2010 Act in relation to the same arbitration process, by note in the process of the petition.
(2) There shall be produced with such a petition or note—
(a) the duly authenticated original award or a certified copy of it;
(b) the original agreement referred to in article II of the Convention or a certified copy of it;
(c) a translation of any award or agreement which is in a language other than English, certified by an official or sworn translator or by a diplomatic or consular agent;
(d) an affidavit stating—
(i) the full name, title, trade or business and the usual or last known place of residence or, where appropriate, of the business of the petitioner or noter and the party against whom the Convention award was made;
(ii) the amount of the Convention award which is unsatisfied; and
(iii) that the Convention award has become binding on the parties and has not been set aside or suspended by a court of the country which, or under the law of which, the award was made.
62.58. 

(1) The court, on being satisfied that the Convention award may be registered, shall grant warrant for registration.
(2) Where the court pronounces an interlocutor under paragraph (1), the Deputy Principal Clerk shall enter the Convention award in a register of Convention awards.
(3) Where the Keeper of the Registers receives from the petitioner or noter the documents referred to in paragraph (4), he or she shall register them in the register of judgments of the Books of Council and Session.
(4) The documents are—
(a) a certified copy of the interlocutor of the warrant of registration,
(b) a certified copy of the Convention award to be registered, and any translation of it, and
(c) any certificate of currency conversion under rule 62.2(1)(b).
(5) An extract of a registered Convention award with warrant for execution shall not be issued by the Keeper of the Registers until a certificate of service under rule 62.59 (service on party against whom Convention award made) is produced to him or her.
62.59. 
On registration under rule 62.58, the petitioner or noter shall forthwith serve a notice of registration on the party against whom the Convention award was made in Form 62.59.
62.60. 

(1) An application under article V of the Convention (request by party against whom Convention award made for refusal of recognition or enforcement) shall be made by note.
(2) A note referred to in paragraph (1) may crave—
(a) suspension or interdict of any past or future steps in the execution of the Convention award, including registration or enforcement of the award; and
(b) recall of the interlocutor pronounced under rule 62.58(1) (registration under the Convention).
(3) The note shall be supported by affidavit and any relevant documentary evidence.
(4) Where any interlocutor pronounced under  rule 62.58(1)  is recalled, a certificate to that effect issued by the Deputy Principal Clerk shall be sufficient warrant to the Keeper of the Registers to cancel the registration and return the documents registered to the petitioner or noter on whose application the interlocutor under that rule was pronounced.
PART X
62.61 

(1) This Part applies to the recognition, registration or enforcement, as the case may be, of an award, decision, judgment or order under any of the following instruments:—
(a) Article 34.1 (enforcement of arbitral award) of the procedural rules on conciliation and arbitration of contracts financed by the European Development Fund;
(b) Article 20 of the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 (enforcement of orders for the preservation or restitution of property).
(c) Article 20 of the United Nations (International Tribunal) (Rwanda) Order 1996 (enforcement of orders for the preservation or restitution of property).
(2) In this Part—
 “decision” includes award, judgment or order;
 “relevant instrument” means an instrument mentioned in paragraph (1).
62.62 

(1) An application for recognition, registration or enforcement, as the case may be, of a decision under a relevant instrument shall be made by petition.
(2) There shall be produced with such a petition an affidavit—
(a) exhibiting a copy of the decision certified under the relevant instrument; and
(b) stating—
(i) the full name, title, trade or business and the usual or the last known place of residence or, where appropriate, of business of the petitioner and of the party against whom the decision was made;
(ii) that the petitioner is entitled to have the decision recognised, registered or enforced, as the case may be, under the relevant instrument;
(iii) the extent to which the decision is unsatisfied; and
(iv) whether the enforcement of the decision has been sisted (provisionally or otherwise) under the relevant instrument and whether any, and if so what, application has been made under the relevant instrument which, if granted, might result in a sist of enforcement of the decision.
62.63 
The court shall, on being satisfied that the petition complies with the requirements of the relevant instrument, pronounce an interlocutor recognising or granting warrant for the registration or enforcement of the decision, as the case may be.
62.64 

(1) Where the court pronounces an interlocutor under rule 62.63 granting warrant for registration or enforcement, as the case may be, the Deputy Principal Clerk shall enter details of the interlocutor and the decision in a register of decisions under this Part.
(2) On presentation by the petitioner to the Keeper of the Registers of—
(a) a certified copy of the interlocutor under rule 62.63,
(b) a certified copy of the decision and any translation of it, and
(c) any certificate of currency conversion under rule 62.2(1)(b),
they shall be registered in the register of judgments of the Books of Council and Session.
(3) An extract of a registered decision with warrant for execution shall not be issued by the Keeper of the Registers until a certificate of service under rule 62.65 is produced to him.
62.65 
On registration under rule 62.64, the petitioner shall forthwith serve a notice of the registration on the party against whom the decision was made in Form 62.65.
62.66 

(1) Where it appears to the court that—
(a) the enforcement of the decision has been sisted (whether provisionally or otherwise) under the relevant instrument, or
(b) any application has been made under the relevant instrument which, if granted, might result in a sist of the enforcement of the award,
the court shall, or in the case referred to in sub-paragraph (b) may, sist the petition for such period as it thinks fit.
(2) Where the court has granted a warrant for registration under rule 62.63, the party against whom the decision was made may apply to the court for suspension or interdict of execution of the award.
(3) An application under paragraph (2) shall—
(a) be made on ground (a) or (b) of paragraph (1);
(b) notwithstanding rule 60.2 (form of applications for suspension), be made by note in the process of the petition under rule 62.62; and
(c) be accompanied by an affidavit stating the relevant facts.
PART XI
62.67 

(1) This Part applies to the registration and enforcement of a judgment under the Council Regulation.
(2) In this Part, unless the context otherwise requires—
 “the Council Regulation” means Council Regulation (E.C.) No. 2201/2003 of 27th November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;
 “judgment” includes an authentic instrument or enforceable agreement; and
 “Member State” has the same meaning as in Article 2(3) of the Council Regulation.
62.68 
The following rules shall not apply to an application under this Part:–
 4.1(1) (printed form for petition),
 14.4 (form of petitions),
 14.5 (first order in petitions),
 14.6 (period of notice for lodging answers),
 14.7 (intimation and service of petitions),
 14.9 (unopposed petitions).
62.69 

(1) An application under Article 28 of the Council Regulation (enforceable judgments) shall be made by petition in Form 62.69.
(2) There shall be produced with the petition—
(a) an authentic copy of the judgment to be registered;
(b) a certificate under Article 39 of the Council Regulation (standard forms of certificate);
(c) where judgment has been given in absence (that is to say, in default of appearance)–
(i) the original or a certified copy of the document which establishes that the party against whom judgment was given in absence was served with the document initiating proceedings or with an equivalent; or
(ii) a document indicating that the party against whom the judgment was given in absence has accepted the judgment unequivocally;
(d) where applicable, a document showing that the applicant is in receipt of legal aid in the country in which the judgment was given;
(e) an affidavit stating–
(i) an address within the jurisdiction of the court for service on or intimation to the petitioner;
(ii) the name and address of the petitioner and his interest in the judgment;
(iii) the name and date of birth of each child in respect of whom the judgment was made, the present whereabouts or suspected whereabouts of that child and the name of any person with whom he is alleged to be;
(iv) the name and address of any other person with an interest in the judgment;
(v) whether the judgment is already registered and, if so, where it is registered;
(vi) details of any order known to the petitioner which affects a child in respect of whom the judgment was made and fulfils the conditions necessary for its recognition in Scotland.
(3) Where the petitioner does not produce a document required by paragraph (2)(b) to (e), the court may –
(a) fix a period within which that document is to be lodged;
(b) accept an equivalent document; or
(c) dispense with the requirement to produce the document.
62.70 

(1) The court shall, on being satisfied that the petition complies with the requirements of the Council Regulation, pronounce an interlocutor–
(a) granting warrant for the registration of the judgment; and
(b) where necessary, granting decree in accordance with Scots law.
(2) The interlocutor pronounced under paragraph (1) shall specify–
(a) the period within which an appeal mentioned in rule 62.74 (appeals under the Council Regulation) against the interlocutor may be made; and
(b) that the petitioner–
(i) may register the judgment under rule 62.72 (registration under the Council Regulation); and
(ii) may not proceed to execution until the expiry of the period for lodging such appeal or its disposal.
62.71 
Where the court pronounces an interlocutor under rule 62.70(1) the Deputy Principal Clerk shall intimate such interlocutor to the petitioner by sending to his address for service in Scotland a certified copy of the interlocutor by registered post or the first class recorded delivery service.
62.72 

(1) Where the court pronounces an interlocutor under rule 62.70(1) granting warrant for registration, the Deputy Principal Clerk shall enter the judgment in the register of judgments, authentic instruments and court settlements kept in the Petition Department.
(2) On presentation by the petitioner to the Keeper of the Registers of–
(a) a certified copy of the interlocutor under rule 62.70(1) granting warrant for registration,
(b) an authentic copy of the judgment and any translation of it, and
(c) any certificate of currency conversion under rule 62.2(1)(b) for any order concerning costs and expenses of proceedings under the Council Regulation;
they shall be registered in the register of judgments of the Books of Council and Session.
(3) On registration under paragraph (2), the Keeper of the Registers of Scotland shall issue an extract of the registered document with a warrant for execution.
62.73 
The petitioner shall serve a copy of the interlocutor under rule 62.70(1) granting warrant for registration of a judgment and notice in Form 62.73 on the person against whom enforcement is sought.
62.74 

(1) An appeal under Article 33 (appeals against the enforcement decision) of the Council Regulation shall be made by motion–
(a) to the Lord Ordinary; and
(b) where the appeal is against the granting of warrant for registration under rule 62.70(1) within one month of service under rule 62.73 (service of warrant for registration under the Council Regulation) or within two months of such service where service was executed on a person domiciled in another Member State.
(2) Where the respondent in any such appeal is domiciled furth of the United Kingdom–
(a) in relation to an appeal against the granting of warrant for registration under rule 62.70(1), intimation of the motion shall be made to the address for service of the respondent in Scotland;
(b) in relation to an appeal against a refusal to grant warrant for registration under rule 62.70(1), intimation of the motion shall be made in accordance with rule 16.2 (service furth of United Kingdom) or rule 16.5 (service where address of the person is not known), as the case may be.
62.75 
Any party dissatisfied with the interlocutor of the Lord Ordinary in any appeal mentioned in rule 62.74 (appeals under the Council Regulation) may reclaim on a point of law against that interlocutor.
62.76 

(1) For the purpose of Article 21 of the Council Regulation (recognition of a judgment), an interlocutor pronounced under rule 62.70(1) (warrant for registration under the Council Regulation) shall imply recognition of the judgment so dealt with.
(2) In an application under Article 21(3) of the Council Regulation for recognition of a judgment, rules 62.67 to 62.75 shall apply to such an application as they apply to an application under Article 28 of the Council Regulation (declarator of enforceability).
(3) In an application under Article 21(3) of the Council Regulation for non-recognition of a judgment, the rules under this part shall apply to such an application as they apply to an application under Article 28 of the Council Regulation (declarator of enforceability) subject to the following provisions–
(a) where the application relies on grounds under Article 22(b) or 23(c) of the Council Regulation (judgment given in default of appearance) for the judgment not to be recognised, it shall not be necessary to produce documents required by rule 62.69(2)(c)(document establishing service or acceptance of judgment); and
(b) rule 62.69(2)(b) (certificate under Article 39 of the Council Regulation) shall not apply.
62.77 
Where an interlocutor under rule 62.70(1) (warrant for registration under the Council Regulation) is recalled and registration under rule 62.72(2) (registration under the Council Regulation) is ordered to be cancelled after an appeal under Article 33 of the Council Regulation (appeal against decision on enforceability) a certificate to that effect by the Deputy Principal Clerk shall be sufficient warrant to the Keeper of the Registers to cancel the registration and return the judgment, certificate or other documents to the person who applied for registration.
62.78 

(1) Where a person seeks to apply under the Council Regulation for recognition or enforcement in another Member State of a judgment given by the court, he shall apply by letter to the Deputy Principal Clerk for–
(a) a certificate under Article 39 of the Council Regulation (certificates concerning judgments in matrimonial matters or on matters of parental responsibility);
(b) a certified copy of the judgment; and
(c) if required, a certified copy of the opinion of the court.
(2) The Deputy Principal Clerk shall not issue a certificate under paragraph (1)(a) above unless there is produced to him an execution of service of the judgment on the person against whom it is sought to be enforced.
(3) Where a judgment granting rights of access delivered by the Court of Session acquires a cross-border character after the judgment has been delivered and a party seeks to enforce the judgment in another Member State, he shall apply by letter to the Deputy Principal Clerk for–
(a) a certificate under Article 41 of the Council Regulation (certificate concerning rights of access); and
(b) a certified copy of the judgment.
62.79 
Where a party seeks rectification of a certificate issued under Article 41 or 42 of the Council Regulation (certificate concerning rights of access or return of a child) he shall apply by letter to the Deputy Principal Clerk stating the details of the certificate that are to be rectified.
62.80 

(1) An application by a party having an enforceable judgment granting a right of access, that has been certified under Article 41 of the Council Regulation or registered for enforcement, seeking an order making practical arrangements for organising the exercise of rights of access under Article 48 of the Council Regulation, shall be made by petition.
(2) There shall be produced with the petition—
(a) an authentic copy of the judgment;
(b) any certificate under Article 41 of the Council Regulation;
(c) any extract of the registered judgment with a warrant for execution; and
(d) where applicable, a document showing that the applicant is in receipt of legal aid in the country where the judgment was given.
PART XII
62.81 

(1) In this Part—
 “the Regulation” means Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims;
 Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as amended from time to time to time and as applied by the Agreement of 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
 “authentic instrument” has the same meaning as in Article 4(3) of the Regulation;
 “court settlement” means a settlement where the debtor has expressly agreed to a claim within the meaning of Article 4(2) of the Regulation by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings; and
 “judgment” has the same meaning as in Article 4(1) of the Regulation.
 “Member State of origin” has the same meaning as in Article 4(4) of the Regulation.
(3) This Part applies to judgments, court settlements and authentic instruments on uncontested claims certified as European Enforcement Orders under the Regulation.
(4) Subject to rule 62.84 (certification of authentic instrument), rule 62.87 (rectification or withdrawal of certificate), rule 62.88(1) (application for registration), and rule 62.88(3) (application for refusal, stay or limitation of enforcement), an application shall be made to the Deputy Principal Clerk by letter.
(5) Rule 62.1 shall not apply to a petition under rule 62.88(3) of this Part (application for refusal, stay or limitation of enforcement).
62.82 

(1) An application for certification under Article 6(1) (judgment on uncontested claim) or Article 8 (partial European Enforcement Order) of the Regulation shall be accompanied by an affidavit—
(a) verifying that the judgment was of an uncontested claim within the meaning of Article 3(1)(b) or (c) of the Regulation and that the court proceedings met the requirements set out in Chapter III of the Regulation (minimum standards for uncontested claims procedures);
(b) providing the information required by the form of certificate in Annex I to the Regulation (European Enforcement Order – judgment);
(c) verifying that the judgment is enforceable in Scotland, and does not conflict with the rules of jurisdiction laid down in Articles 3 and 6 of Chapter II of Council Regulation (EC) No. 44/2001; and
(d) stating that where the debtor was a consumer and the judgment related to a contract concluded by the debtor for a purpose outside his trade or profession the judgment was given in the Member State of the debtors domicile within the meaning of Article 59 of Council Regulation (EC) No. 44/2001.
(2) The Deputy Principal Clerk shall not issue a certificate under paragraph (1) unless there is produced to him an execution of service of the judgment on the person against whom it is sought to be enforced.
62.83 
— An application for certification under Article 24 of the Regulation (court settlement) shall be accompanied by an affidavit—
(a) verifying that the debtor admitted the claim or entered into a settlement that was approved by the court or concluded before the court in the course of proceedings and is enforceable in Scotland;
(b) verifying that the settlement concerned a claim within the meaning of Article 4(2) of the Regulation (payment of money); and
(c) providing the information required by the form of certificate in Annex II to the Regulation (European Enforcement Order – court settlement).
62.84 
An application for certification under Article 25(1) of the Regulation (authentic instrument) shall be by letter to the Keeper of the Registers and shall be accompanied by an affidavit—
(a) verifying that the authentic instrument concerns a claim within the meaning of Article 4(2) of the Regulation (payment of money);
(b) verifying that the authentic instrument is enforceable in Scotland; and
(c) providing the information required by the form of certificate in Annex III to the Regulation (European Enforcement Order – authentic instrument).
62.85 
An application for certification under Article 6(2) of the Regulation (lack or limitation of enforceability) shall be accompanied by an affidavit—
(a) stating the date on which the judgment, court settlement or authentic instrument was certified as a European Enforcement Order; and
(b) providing the information required by the form of certificate in Annex IV to the Regulation (certificate of lack or limitation of enforceability).
62.86 
An application under Article 6(3) of the Regulation (replacement certificate) shall be accompanied by an affidavit providing the information required by the form of certificate in Annex V to the Regulation (European Enforcement Order – replacement certificate following a challenge).
62.87 
An application under Article 10(1) of the Regulation (rectification or withdrawal of European Enforcement Order certificate) shall be made in the form set out in Annex VI to the Regulation and, subject to rule 62.1 (disapplication of certain rules in Chapter 14 to this Chapter), shall be treated as a petition.
62.88 

(1) An application for registration for enforcement of a judgment, court settlement or authentic instrument certified as a European Enforcement Order shall be made by presenting to the Keeper of the Registers—
(a) a certificate under Article 20(2)(b) of the Regulation (European Enforcement Order certificate);
(b) a copy of the judgment, court settlement, or authentic instrument in accordance with Article 20(2)(a) of the Regulation (enforcement procedure);
(c) where the certificate under Article 20(2)(b) is in a language other than English, a translation of the certificate into English certified as correct by the translator and stating the full name, address and qualification of the translator; and
(d) where the European Enforcement Order is expressed in a currency other than sterling, a certificate issued by a competent authority of a Member State of origin of the sterling equivalent of—
(i) the principal sum,
(ii) interest, and
(iii) expenses,
contained in the judgment, court settlement or authentic instrument, as the case may be, at the rate of exchange prevailing at a date specified under the law of the Member State of origin for obtaining currency conversion in judicial matters.
(2) On presentation of the documents mentioned in sub-paragraphs (a) to (d) of paragraph (1) the Keeper of the Registers shall—
(a) register the certificate in the register of judgments of the Books of Council and Session; and
(b) issue an extract of the certificate with a warrant for execution.
(3) An application under—
(a) Article 21 of the Regulation (refusal of enforcement); or
(b) Article 23 of the Regulation (stay or limitation of enforcement),
shall be made by petition.
62.89 
An interlocutor certified by the Deputy Principal Clerk shall be sufficient warrant to the Keeper of the Registers—
(a) where enforcement is refused under rule 62.88(3)(a), to cancel the registration of the certificate of the European Enforcement Order and return the judgment, certificate or other documents to the person who sought registration ; or
(b) where enforcement is stayed or limited under rule 62.88(3)(b), to—
(i) register the interlocutor in the register of judgements of the Books of Council and Session; and
(ii) issue an extract of the interlocutor.
PART XIII
62.90 
–
(1) This Part applies to applications under the Model Law and applications under the Scottish Provisions.
(2) In this Part—
 “application for an interim remedy” means an application under article 19 of the ModelLaw for an interim remedy by a foreign representative;
 “former representative” means a foreign representative who has died or who for any other reason has ceased to be the foreign representative in the foreign proceeding in relation to the debtor;
 “main proceeding” means proceedings opened in accordance with Article 3(1) of the EC Insolvency Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the EC Insolvency Regulation;
 “the Model Law” means the UNCITRAL Model Law on Cross-Border Insolvency as set out in Schedule 1 to the Cross-Border Insolvency Regulations 2006;
 “modification or termination order” means an order by the court pursuant to its powers under the Model Law modifying or terminating recognition of a foreign proceeding, the restraint, sist and suspension referred to in article 20(1) of the Model Law or any part of it or any remedy granted under article 19 or 21 of the Model Law;
 “recognition application” means an application by a foreign representative in accordance with article 15 of the Model Law for an order recognising the foreign proceeding in which he has been appointed;
 “recognition order” means an order by the court recognising a proceeding as a foreign main proceeding or a foreign non-main proceeding, as appropriate;
 “review application” means an application to the court for a modification or termination order;
 “the Scottish Provisions” are the provisions of Schedule 3 to the Cross-Border Insolvency Regulations 2006; and
words and phrases defined in the Model Law have the same meaning when used in this Part.
(3) References in this Part to a debtor who is of interest to the  Financial Conduct Authority or the Prudential Regulation Authority  are references to a debtor who—
(a) is, or has been, an authorised person within the meaning of section 31 of the Financial Services and Markets Act 2000 (authorised persons);
(b) is, or has been, an appointed representative within the meaning of section 39 (exemption of appointed representatives) of that Act; or
(c) is carrying on, or has carried on, a regulated activity in contravention of the general prohibition.
(4) In paragraph (3) “the general prohibition” has the meaning given by section 19 of the Financial Services and Markets Act 2000 and the reference to “regulated activity” shall be construed in accordance with—
(a) section 22 of that Act (classes of regulated activity and categories of investment);
(b) any relevant order under that section; and
(c) Schedule 2 to that Act (regulated activities).
62.91 
–
(1) Rule 62.1 (disapplication of certain rules to Chapter 62) shall not apply to an application to which this Part relates.
(2) Unless otherwise specified in this Part, an application under the Model Law or the Scottish Provisions shall be made by petition.
(3) For the purposes of the application of rule 14.5(1) (first order for intimation, service and advertisement) to a petition under this Part, where necessary, the petitioner shall seek an order for service of the petition on:—
(a) the foreign representative;
(b) the debtor;
(c) any British insolvency officeholder acting in relation to the debtor;
(d) any person appointed an administrative receiver of the debtor or as a receiver or manager of the property of the debtor in Scotland;
(e) any member State liquidator who has been appointed in main proceedings in relation to the debtor;
(f) any foreign representative who has been appointed in any other foreign proceeding regarding the debtor;
(g) if there is pending in Scotland a petition for the winding up or sequestration of the debtor, the petitioner in those proceedings;
(h) any person who is or may be entitled to appoint an administrator of the debtor under paragraph 14 of Schedule B1 to the Insolvency Act 1986( (appointment of administrator by holder of qualifying floating charge); and
(i) the  Financial Conduct Authority or the Prudential Regulation Authority  if the debtor is a debtor who is of interest to that Authority.
(4) On the making of—
(a) a recognition order;
(b) an order granting an interim remedy under article 19 of the Model Law;
(c) an order granting a remedy under article 21 of the Model Law;
(d) an order confirming the status of a replacement foreign representative; or
(e) a modification or termination order,
the Deputy Principal Clerk shall send a certified copy of the interlocutor to the foreign representative.
62.92 
–
(1) A petition containing a recognition application shall include averments as to—
(a) the name of the applicant and his address for service in Scotland;
(b) the name of the debtor in respect of which the foreign proceeding is taking place;
(c) the name or names in which the debtor carries on business in the country where the foreign proceeding is taking place and in this country, if other than the name given under sub-paragraph (b);
(d) the principal or last known place of business of the debtor in Great Britain (if any) and, in the case of an individual, his last known place of residence in Great Britain, (if any);
(e) any registered number allocated to the debtor under the Companies Act  2006;
(f) the foreign proceeding in respect of which recognition is applied for, including the country in which it is taking place and the nature of the proceeding;
(g) whether the foreign proceeding is a proceeding within the meaning of article 2(i) of the Model Law;
(h) whether the applicant is a foreign representative within the meaning of article 2(j) of the Model Law;
(i) the address of the debtor’s centre of main interests and, if different, the address of its registered office or habitual residence as appropriate;
(j) if the debtor does not have its centre of main interests in the country where the foreign proceeding is taking place, whether the debtor has an establishment within the meaning of article 2(e) of the Model Law in that country, and if so, its address.
(3) There shall be lodged with the petition—
(a) an affidavit sworn by the foreign representative as to the matters averred under paragraph (2);
(b) the evidence and statement required under article 15(2) and (3) respectively of the Model Law;
(c) any other evidence which in the opinion of the applicant will assist the court in deciding whether the proceeding in respect of which the application is made is a foreign proceeding within the meaning of article 2(i) of the Model Law and whether the applicant is a foreign representative within the meaning of article 2(j) of the Model Law; and
(d) evidence that the debtor has its centre of main interests or an establishment, as the case may be, within the country where the foreign proceeding is taking place.
(4) The affidavit to be lodged under paragraph (3)(a) shall state whether, in the opinion of the applicant, the EC Insolvency Regulation applies to any of the proceedings identified in accordance with article 15(3) of the Model Law and, if so, whether those proceedings are main proceedings, secondary proceedings or territorial proceedings.
(5) Any subsequent information required to be given to the court by the foreign representative under article 18 of the Model Law shall be given by amendment of the petition.
62.93 
–
(1) An application for an interim remedy shall be made by note in process.
(2) There shall be lodged with the note an affidavit sworn by the foreign representative stating—
(a) the grounds on which it is proposed that the interim remedy applied for should be granted;
(b) the details of any proceeding under British insolvency law taking place in relation to the debtor;
(c) whether to the foreign representative's knowledge, an administrative receiver or receiver or manager of the debtor's property is acting in relation to the debtor;
(d) an estimate of the assets of the debtor in Scotland in respect of which the remedy is applied for;
(e) all other matters that would in the opinion of the foreign representative assist the court in deciding whether or not to grant the remedy applied for, including whether, to the best of the knowledge and belief of the foreign representative, the interests of the debtor's creditors (including any secured creditors or parties to hire-purchase agreements) and any other interested parties, including if appropriate the debtor, are adequately protected; and
(f) whether to the best of the foreign representative's knowledge and belief, the grant of any of the remedy applied for would interfere with the administration of the foreign main proceeding.
62.94 

(1) An application under article 21 of the Model Law for a remedy shall be made by note in process.
(2) There shall be lodged with the note an affidavit sworn by the foreign representative stating—
(a) the grounds on which it is proposed that the remedy applied for should be granted;
(b) an estimate of the value of the assets of the debtor in Scotland in respect of which the remedy is requested;
(c) in the case of an application by a foreign representative who is or believes that he is a representative of a foreign non-main proceeding, the reasons why the applicant believes that the remedy relates to assets that, under the law of Great Britain, should be administered in the foreign non-main proceeding or concerns information required in that proceeding; and
(d) all other matters that would in the opinion of the foreign representative assist the court in deciding whether or not it is appropriate to grant the remedy requested, including whether, to the best of the knowledge and belief of the foreign representative, the interests of the debtor's creditors (including any secured creditors or parties to hire-purchase agreements) and any other interested parties, including if appropriate the debtor, are adequately protected.
62.95 
–
(1) An application under paragraph 2(3) of the Scottish Provisions for an order confirming the status of a replacement foreign representative shall be made by note in process.
(2) The note shall include averments as to—
(a) the name of the replacement foreign representative and his address for service within Scotland;
(b) the circumstances in which the former foreign representative ceased to be foreign representative in the foreign proceeding in relation to the debtor (including the date on which he ceased to be the foreign representative);
(c) his own appointment as replacement foreign representative in the foreign proceeding (including the date of that appointment).
(3) There shall be lodged with the note—
(a) an affidavit sworn by the foreign representative as to the matters averred under paragraph (2);
(b) a certificate from the foreign court affirming—
(i) the cessation of the appointment of the former foreign representative as foreign representative, and
(ii) the appointment of the applicant as the foreign representative in the foreign proceeding, or
(c) in the absence of such a certificate, any other evidence acceptable to the court of the matters referred to in sub-paragraph (a).
62.96 

(1) A review application shall be made by note in process.
(2) There shall be lodged with the note an affidavit sworn by the applicant as to—
(a) the grounds on which it is proposed that the remedy applied for should be granted; and
(b) all other matters that would in the opinion of the applicant assist the court in deciding whether or not it is appropriate to grant the remedy requested, including whether, to the best of the knowledge and belief of the applicant, the interests of the debtor's creditors (including any secured creditors or parties to hire-purchase agreements) and any other interested parties, including if appropriate the debtor, are adequately protected.
PART XIV
62.97. 

(1) This Part applies to the registration and enforcement of a measure under Article 24 or Article 26 of the 1996 Convention.
(2) In this Part—
 “the 1996 Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, signed at The Hague on 19th October 1996;
 “Contracting State” means a state party to the 1996 Convention.
62.98. 

(1) An application—
(a) under Article 24 of the 1996 Convention for recognition or non-recognition of a measure taken in a Contracting State other than the United Kingdom; or
(b) under Article 26 of the 1996 Convention for enforcement of a measure taken in a Contracting State other than the United Kingdom,shall be made by petition in Form 62.98.
(2) The petition shall include averments on the matters outlined at Article 23(2) of the 1996 Convention (grounds for refusal of recognition).
(3) There shall be produced with the petition an authentic copy of any judgment or other document which outlines the measure to be registered.
(4) The court shall, on being satisfied that the petition complies with the requirements of the 1996 Convention, pronounce an interlocutor—
(a) granting warrant for the registration of the measure; and
(b) where necessary, granting decree in accordance with Scots law.
(5) The interlocutor pronounced under paragraph (4) shall specify that the petitioner may register the measure under rule 62.100 (registration under the 1996 Convention).
62.99. 
Where the court pronounces an interlocutor under rule 62.98(4) the Deputy Principal Clerk shall intimate such interlocutor to the petitioner, by sending to his address for service in Scotland a certified copy of the interlocutor by registered post or the first class recorded delivery service.
62.100. 

(1) Where the court pronounces an interlocutor under rule 62.98(4) granting warrant for registration, the Deputy Principal Clerk shall enter the measure in the register of judgments, authentic instruments and court settlements kept in the Petition Department.
(2) On presentation by the petitioner to the Keeper of the Registers of—
(a) a certified copy of the interlocutor under rule 62.98(4) granting warrant for registration,
(b) an authentic copy of any judgment or other document which outlines the measure to be registered and any translation of such a document,
they shall be registered in the register of judgments in the Books of Council and Session.
(3) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered document with a warrant for execution.
62.101. 
The petitioner shall serve a copy of the interlocutor under rule 62.98(4) granting warrant for registration of a judgment and notice in Form 62.101 on the person against whom enforcement is sought.
CHAPTER 63
PART I
63.1 
In this Part, “the Act of 1961” means the Trusts (Scotland) Act 1961.
63.2 
In a petition under section 1(4) of the Act of 1961 (petition to vary or revoke purposes of an alimentary trust), it shall not be necessary to aver the amount or details of the income of an alimentary beneficiary from all sources.
63.3 
In a petition under section 1 of the Act of 1961 (petition for variation or revocation of trust purposes or extension of trustees' powers), the order under rule 14.5 (first order in petitions)–
(a) shall include a requirement for the petition to be served–
(i) where the trust deed is registered in a register kept by the Keeper of the Registers or the Keeper of the Records, on the relevant Keeper; or
(ii) where the trust deed is registered in a sheriff court book, on the sheriff clerk who keeps the relevant sheriff court book; and
(b) may include a requirement for the petition to be served on a truster or settlor or any other person who has contributed or is liable to contribute to the trust estate which may be affected by the petition.
PART II
63.4 
This Part applies to an application for which provision  is to  be made by virtue of section 6(vi) of the Act of 1988 (provision to enable trustees under any trust deed to obtain direction of the court).
63.5 

(1) An application to which rule 63.4 applies shall be made by petition.
(2) Subject to rule 63.6A (executors of underwriting members of Lloyd’s of London), the petition shall set out the question on which the direction of the court is sought and may include, in an appendix, any relevant documents.
(3) The court may, in any order made under rule 14.5 (first order in petitions) or in any subsequent order, include a requirement to serve the petition on creditors, beneficiaries or other persons interested in the subject-matter of the petition.
63.6 

(1) Subject to rule 63.6A (executors of underwriting members of Lloyd’s of London), the petition shall be disposed of at a hearing on the Summar Roll.
(2) At the hearing on the Summar Roll, the court may order inquiry by–
(a) proof,
(b) remit to a reporter, or
(c) affidavit,
as it thinks fit.
63.6A 

(1) This rule applies to a petition under this Part for directions as to the distribution of, or the administration of any trust relating to, the estate of a deceased underwriting member of Lloyd’s of London, where–
(a) all liabilities of the estate in respect of syndicates of which the deceased was a member have been reinsured (whether directly or indirectly) or are otherwise the subject of indemnity; and
(b) the only reason for the executor delaying distribution of the estate is the possibility of personal liability to creditors of Lloyd’s of London.
(2) The petition shall–
(a) state that this rule applies; and
(b) contain averments as to the matters mentioned in paragraph (1).
(3) There shall be lodged with the petition all affidavits and other documents available to the petitioner in respect of the matters mentioned in paragraph (1).
(4) If, on the expiry of the period of notice, no answers have been lodged–
(a) the petitioner shall apply by motion for a remit to a reporter approved by the court for that purpose; and
(b) where a report has been lodged in process by the reporter, the petitioner may apply by motion for an order granting the prayer of the petition.
(5) Where answers have been lodged–
(a) the parties may adjust the petition and answers within 28 days after the date on which the answers were lodged (“the adjustment period”) and shall intimate such adjustments to one another;
(b) within 14 days after the expiry of the adjustment period, the petitioner shall apply by motion for such further procedure as may be specified in the motion.
(6) Where the petitioner fails to comply with the requirements of paragraph (5), a respondent may apply by motion for decree of dismissal.
PART III
63.7 

(1) This Part applies to–
(a) an application to the nobile officium of the court for approval of a cy près scheme in relation to a public trust; or
(b) an application to the court under–
(i) Part VI of the Education (Scotland) Act 1980 (reorganisation of endowments); or
(ii) Part I of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (charities and reorganisation of public trusts).
(2) In this Part, “the Act of 1990” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
63.8 
Subject to rule 63.9 (referral to Inner House), all proceedings in an application to which this Part applies shall be brought before a judge of the court nominated for that purpose by the Lord President or, where the nominated judge is not available, any other judge of the court (including the vacation judge); and, in this Part, “Lord Ordinary” shall be construed accordingly.
63.9 
The Lord Ordinary, if he thinks fit, may at any time remit a petition to which this Part applies to the Inner house to be determined by a Division of the Inner House.
63.10 

(1) Subject to the following paragraphs of this rule, an application to which this Part applies shall be made by petition.
(2) An application for an order in a petition to which this Part applies which is in dependence shall be made by motion.
(3) At the hearing of a motion under paragraph (2), the court may order that the application be made by note; and, in such a case, shall make an order for the lodging of answers to the note in process within such period as the court thinks fit.
(4) Intimation to the court by the  Scottish Ministers  under section 1(6) or 5(13) of the Act of 1990 (interdict until intimation to court) shall be made by motion for recall of the interlocutor.
63.11 
A petition to which this Part applies shall be served on all persons who may have an interest in the subject-matter of the petition.
63.12 

(1) if, on the expiry of the period of notice, no answers have been lodged, the petitioner may apply by motion for an order granting the prayer of the petition.
(2) On a motion under paragraph (1), the Lord Ordinary may, before determining that motion–
(a) remit to a reporter to inquire into, and report on, the petition and any scheme appended to it;
(b) order the petitioner to lodge evidence by affidavit or documentary evidence;
(c) order a further hearing; or
(d) make such other order as he thinks fit.
63.13 

(1) Where answers are lodged in a petition, the parties may adjust the petition and answers during the period of 28 days from the date on which answers are lodged or from the expiry of the period of notice, whichever is the later.
(2) Within 14 days after the expiry of the period allowed for adjustment under paragraph (1), the petitioner shall enrol a motion for an order for such further procedure as he shall specify.
(3) On a motion under paragraph (2), the Lord Ordinary shall make such order as he thinks fit for the further procedure of the petition; and, in particular–
(a) may–
(i) remit to a reporter to inquire into, and report on, the petition and any scheme appended to it;
(ii) order a party to lodge evidence by affidavit or documentary evidence; and
(b) then, or thereafter, shall appoint the cause to a hearing.
(4) At a hearing appointed under paragraph (3)(b), the Lord Ordinary shall–
(a) determine the petition; or
(b) make such order for further procedure as he thinks fit.
(5) If at any stage answers are withdrawn, the petition shall proceed as if answers had not been lodged.
63.14 
An interlocutor approving a cy près scheme or a scheme for the variation or reorganisation of a public trust shall contain a warrant for the registration of an official certified copy of the interlocutor, and a copy of the scheme certified by the agent to the petitioner, in the Books of Council and Session or the books of a specified sheriff court.
63.15 
An order made under paragraph (a) or (g) of section 7(4) of the Act of 1990 (interim interdict or interdict of body holding itself out as a charity etc.) shall, unless the court otherwise directs, be advertised forthwith in one or more newspapers as the court shall direct for ensuring that it comes to the notice of persons dealing with a non-recognised body within the meaning of section 2(2) of that Act.
CHAPTER 64
64.1 
This Chapter applies to an application for an order under section 1 of the Administration of Justice (Scotland) Act 1972 made where a cause is not depending before the court in which the application may be made.
64.2 

(1) An application to which this Chapter applies shall be made by petition.
(2) The statement of facts shall set out–
(a) a list of documents and other property (in this Chapter and in  Form 64.6  referred to as the “listed items”) which the petitioner wishes to be made the subject of the order;
(b) the address of the premises within which the petitioner believes the listed items are to be found;
(c) the facts which give rise to the petitioner’s belief that were the order not to be granted the listed items or any of them would cease to be available for the purposes of the said section 1.
64.3 
The petitioner shall lodge with the application–
(a) an affidavit supporting the averments in the petition;
(b) an undertaking by the petitioner that he–
(i) will comply with any order of the court as to payment of compensation if it is subsequently discovered that the order, or the implementation of the order, has caused loss to the respondent or, where the haver is not the respondent, to the haver; and
(ii) will bring within a reasonable time of the execution of the order any proceedings which he decides to bring; and
(iii) will not, without leave of the court, use any information, documents or other property obtained as a result of the order, except for the purpose of any proceedings which he decides to bring and to which the order relates.
64.4 
The court may, on cause shown, modify, by addition, deletion or substitution, the undertaking mentioned in rule 64.3(b).
64.5 

(1) Before granting the application, the court may order such intimation and service of the petition to be given or executed, as the case may be, as it thinks fit.
(2) Any person receiving intimation or service of the petition by virtue of an order under paragraph (1) may appear and oppose the application.
64.6 
An order made under this Chapter shall be in  Form 64.6.
64.7 
On granting, in whole or in part, the application the court may order the petitioner to find such caution or other security as it thinks fit.
64.8 
The order of the court shall be served by the Commissioner in person and it shall be accompanied by the affidavit referred to in rule 64.3(a).
64.9 
The Commissioner appointed by the court shall, on executing the order–
(a) give to the haver a copy of the notice in  Form 64.9;
(b) explain to the haver–
(i) the meaning and effect of the order;
(ii) that he may be entitled to claim that some or all of the listed items are confidential or privileged;
(c) inform the haver of his right to seek legal advice and to ask the court to vary or discharge the order;
(d) enter the premises and take all reasonable steps to fulfil the terms of the order;
(e) where the order has authorised the recovery of any of the listed items, prepare an inventory of all the listed items to be recovered before recovering them;
(f) send any recovered listed items to the Deputy Principal Clerk of Session to await the further order of the court.
64.10 

(1) Where confidentiality is claimed for any listed item, that listed item shall, where practicable, be enclosed in a sealed envelope.
(2) A motion to have such a sealed envelope opened may be made by the party who obtained the order and he shall intimate the terms of the motion, by registered post or first class delivery, to the person claiming confidentiality.
(3) A person claiming confidentiality may oppose a motion made under paragraph (2).
64.11 

(1) Except on cause shown, the order may be served on Monday to Friday only, between the hours of 9am and 5pm only.
(2) The order shall not be served at the same time as a search warrant granted in the course of a criminal investigation.
(3) The Commissioner may be accompanied only by–
(a) any person whom he considers necessary to assist him to execute the order;
(b) such representatives of the petitioner as are named in the order,
and if it is likely that the premises will be occupied by an unaccompanied female and the Commissioner is not herself female, one of the people accompanying the Commissioner shall be female.
(4) If it appears to the Commissioner when he comes to serve the order that the premises are occupied by an unaccompanied female and the Commissioner is neither female nor accompanied by a female, the Commissioner shall not enter the premises.
64.12 

(1) The haver may seek legal or other professional advice of his choice.
(2) Where the purpose of seeking this advice is to help the haver to decide whether to ask the court to vary or discharge the order, the haver may ask the Commissioner to delay starting the search for up to 2 hours or such other longer period as the Commissioner may permit.
(3) Where the haver is seeking advice under this rule, he or she must—
(a) inform the Commissioner and the petitioner’s agent of that fact;
(b) not disturb or remove any listed items;
(c) permit the Commissioner to enter the premises, but not to start the search.
64.13 
The Deputy Principal Clerk of Session shall return the recovered listed items to the haver if the petitioner has taken no further action within 8 weeks of the date on which they are sent to him under rule 64.9(f).
CHAPTER 65
65.1 

(1) In this Chapter–
 “appeal” includes an application for leave to appeal;
 “the European Court” means the Court of Justice of the  European Union;
 “reference” means a reference to the European Court for–
(a) a preliminary ruling under  Article 267 of the Treaty on the Functioning of the European Union, Article 150 of the Euratom Treaty, or Article 41 of the E.C.S.C. Treaty;
(b) a preliminary ruling on the interpretation of the Conventions, mentioned in Article 1 of Schedule 2 to the Civil Jurisdiction and Judgments Act 1982, under Article 3 of that Schedule; or
(c) a preliminary ruling on the interpretation of the instruments, mentioned in Article 1 of Schedule 3 to the Contracts (Applicable Law) Act 1990, under Article 2 of that Schedule.
(2) The expressions ... “Euratom Treaty” and “E.C.S.C. Treaty” have the meanings assigned respectively in Schedule 1 to the European Communities Act 1972.
(3) In paragraph (1), “the Treaty on the Functioning of the European Union” means the treaty referred to in section 1(2)(s) of the European Communities Act 1972.
65.2 
A reference may be made by the court at its own instance or on the motion of a party in Form 65.2.
65.3 

(1) Where the court decides that a reference shall be made, it shall pronounce an interlocutor giving directions to the parties about the manner and time in which the reference is to be drafted and adjusted.
(1A) Except in so far as the court may otherwise direct, a reference shall be prepared in accordance with Form 65.3.
(1B) In preparing a reference, the parties shall have regard to guidance issued by the European Court of Justice.
(2) When the reference has been drafted  and any adjustments required by the court have been made, the court shall make and sign the reference.
(3) A certified copy of the interlocutor making the reference shall be annexed to the reference.
65.4 

(1) Subject to paragraph (2), on a reference being made, the cause shall, unless the court when making such a reference otherwise orders, be sisted until the European Court has given a preliminary ruling on the question referred to it.
(2) The court may recall a sist made under paragraph (1) for the purpose of making an interim order which a due regard to the interests of the parties may require.
65.5 

(1) Subject to paragraph (2), a copy of the reference, certified by the Deputy Principal Clerk, shall be transmitted by him to the Registrar of the European Court.
(2) Unless the court otherwise directs, a copy of the reference shall not be sent to the Registrar of the European Court where a reclaiming motion or appeal against the making of the reference is pending.
(3) For the purpose of paragraph (2), a reclaiming motion or an appeal shall be treated as pending–
(a) until the expiry of the time for marking that reclaiming motion or appeal; or
(b) where a reclaiming motion or an appeal has been made, until it has been determined.
CHAPTER 66
66.1 
In this Chapter–
 “the Act of 1975” means the Evidence (Proceedings in Other Jurisdictions) Act 1975;
 “civil proceedings” has the meaning assigned in section 9(1) of the Act of 1975;
 “requesting court” has the meaning assigned in section 9(1) of the Act of 1975.
66.2 
The following rules shall not apply to an application to which this Chapter applies:–
 rule 14.5 (first order in petitions),
 rule 14.6 (period of notice for lodging answers),
 rule 14.7 (intimation and service of petitions),
 rule 14.9 (unopposed petitions).
66.3 

(1) An application under section 1 of the Act of 1975 (application for assistance in obtaining evidence for foreign civil proceedings) shall be made by petition.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where the letter of request is in a language other than English, there shall be produced with the petition a translation into English certified as correct by the translator; and the certificate shall include his full name, address and qualifications.
66.4 

(1) Where the court pronounces an interlocutor making an order under section 2(1) of the Act of 1975, the petitioner shall–
(a) intimate a certified copy of that interlocutor to any witness or haver named in the interlocutor; and
(b) cite such witness or haver to give evidence.
(2) Rule 35.4(3) and (4) (citation of haver to commission) and rule 35.11(5) and (6) (citation of witness to commission) shall, with the necessary modifications, apply to the citation of a haver or witness, as the case may be, under this rule.
66.5 
A witness or haver who has received intimation and citation under rule 66.4 may apply to the court by motion to have the order under section 2(1) of the Act of 1975 varied or recalled.
66.6 

(1) Where a witness or haver who has received intimation and citation under rule 66.4–
(a) claims that he is not a compellable witness or haver by virtue of section 3(1)(b) of the Act of 1975, and
(b) is required to give evidence,
the court or any commissioner appointed by the court shall take the evidence and record it in a document separate from the record of any other evidence; and that document shall be kept by the Deputy Principal Clerk.
(2) Where evidence is taken under paragraph (1) of this rule, the court or the commissioner, as the case may be, shall certify the grounds of the claim made under section 3(1)(b) of the Act of 1975.
(3) On certification under paragraph (2), the deputy Principal Clerk shall send the certificate to the requesting court with a request to it to determine the claim.
(4) On receipt of the determination from the requesting court, the Deputy Principal Clerk shall–
(a) give written intimation of the determination to the witness or haver who made the claim; and
(b) in accordance with the determination, send the document in which the evidence is recorded to, as the case may be–
(i) the requesting court, or
(ii) where the claim is upheld, the witness or haver.
66.7 
Where the court makes an order under section 1 of the Act of 1975 as applied by section 92(1) of the Patents Act 1977, an officer of the European Patent Office may apply by motion–
(a) to examine any witness; or
(b) to request the court or commissioner, as the case may be, to put specified questions to any witness.
CHAPTER 67
PART 1
67.1. 

(1) In this Chapter –
 “the 1995 Act” means the Children (Scotland) Act 1995;
 “the 2002 Act” means the Adoption and Children Act 2002;
 “the 2007 Act” means the Adoption and Children (Scotland) Act 2007;
 “the 2009 Regulations” means the Adoptions with a Foreign Element (Scotland) Regulations 2009;
 “adoption agency” means—
(a) a local authority;
(b) a registered adoption service within the meaning of section 2(3) of the 2007 Act;
(c) an adoption agency within the meaning of section 2(1) of the 2002 Act (adoption agencies in England and Wales); or
(d) an adoption agency within the meaning of article 3 of the Adoption (Northern Ireland) Order 1987;
 “Her Majesty’s Forces’ means the regular forces as defined in section 374 of the Armed Forces Act 2006;
 “Principal Reporter” has the same meaning as in section 93(1) of the 1995 Act;
 “Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland.
67.2. 
Unless otherwise provided in this Chapter, the following rules shall not apply to a petition or note to which this Chapter applies:—
 rule 14.5 (first order in petitions);
 rule 14.6 (period of notice for lodging answers);
 rule 14.7 (intimation and service of petitions);
 rule 14.8 (procedure where answers lodged);
 rule 14.9 (unopposed petitions).
67.3. 

(1) Unless the court otherwise directs, in any cause to which this Chapter applies all documents lodged in process, including the reports by the curator ad litem and reporting officer—
(a) are to be available only to the court, the curator ad litem, the reporting officer and the parties; and
(b) shall be treated as confidential by any persons involved in, or a party to, the proceedings and by the clerk of court.
(2) The reporting officer and the curator ad litem—
(a) must treat all information obtained in the exercise of their duties as confidential; and
(b) must not disclose any such information to any person unless disclosure of such information is necessary for the purpose of their duties.
67.4. 
Where the court appoints a reporting officer or a curator ad litem under this Chapter and there is an established panel of persons from whom the appointment may be made, the reporting officer or curator ad litem shall be selected from that panel unless the court considers that it would be appropriate to appoint a person who is not on the panel.
67.5. 

(1) In a cause to which this Chapter applies, the court may, before determining the cause, order—
(a) production of further documents (including affidavits);
(b) parole evidence.
(2) A party may apply by motion for the evidence of a person to be received in evidence by affidavit; and the court may make such order as it thinks fit.
67.6. 
Where, under section 54(1) of the 1995 Act (question arising as to whether compulsory measures of supervision are necessary) a matter is referred to the Principal Reporter—
(a) the interlocutor making the reference shall specify which of the conditions referred to in that subsection it appears to the court has been satisfied; and
(b) the clerk of court shall  give written intimation of  that interlocutor forthwith to the Principal Reporter.
67.7. 
In a cause to which this Chapter applies, the court may make such order as to expenses, including the expenses of a reporting officer, a curator ad litem, or any other person who attended a hearing, as it thinks fit.
PART 2
67.8. 

(1) An application for an adoption order under section 29 (adoption by certain couples) or 30 (adoption by one person) of the 2007 Act is to be made by petition in Form 67.8-A.
(2) An application for an order vesting parental responsibilities and parental rights relating to a child under section 59(1) of the 2007 Act (preliminary order where child to be adopted abroad) is to be made by petition in Form 67.8-B.
(3) The following documents must be lodged in process along with a petition under paragraph (1) or (2):—
(a) an extract of the entry in the Register of Births relating to the child who is the subject of the application;
(b) in the case of an application under section 29 of the 2007 Act by a relevant couple who are married to each other, an extract or a certified copy of the entry in the Register of Marriages relating to their marriage;
(c) in the case of an application under section 29 of the 2007 Act by a relevant couple who are civil partners of each other, an extract or a certified copy of the entry in the Register of Civil Partners relating to their civil partnership;
(d) any report by the local authority required by section 19(2) (investigation by local authority on receipt of notice of intention to apply for adoption order) of the 2007 Act, if available;
(e) any report by an adoption agency required by section 17 (report on the suitability of the applicants and other matters) of the 2007 Act, if available;
(f) where appropriate, an extract of the order freeing the child for adoption;
(g) where appropriate, an extract of the permanence order made in respect of the child under section 80 of the 2007 Act;
(h) where appropriate, the consent under section 19(1) (placing children with parental consent: England and Wales) of the 2002 Act of each parent or guardian to the child being placed for adoption, in the form prescribed under section 52(7) of that Act, if available;
(i) where appropriate, the consent under section 20(1) (advance consent to adoption: England and Wales) of the 2002 Act of each parent or guardian to the making of a future adoption order, in the form prescribed under section 52(7) of that Act, if available;
(j) any notice given under section 20(4) (notice that information about application for adoption order not required: England and Wales) of the 2002 Act by a parent or guardian of the child to an adoption agency, if available;
(k) a certified copy of any placement order made under section 21(1) (placement orders: England and Wales) of the 2002 Act, if available; and
(l) any other document founded upon by the petitioner in support of the terms of the petition.
(4) A report by a local authority under section 19(2) or an adoption agency under section 17 of the 2007 Act must be in numbered paragraphs and include the following matters:—
(a) information about how the needs of the child came to the notice of the authority or agency;
(b) the family circumstances of the child;
(c) where the child was placed for adoption by an adoption agency, a description of the physical and mental health of the child, (including any special needs) and his emotional, behavioural and educational development;
(d) an account of the discussion with the parents or guardians of the child and, if appropriate, with the child about their wishes and the alternatives to adoption;
(e) the position of other relatives or persons likely to be involved;
(f) an account of any search for a parent or guardian who cannot be found;
(g) information about the mutual suitability of the petitioner and the child for the relationship created by adoption and the ability of the petitioner to bring up the child including an assessment of the personality of the petitioner and, where appropriate, that of the child;
(h) particulars of all members of the household of the petitioner and their relationship to the petitioner;
(i) a description of the accommodation in the home of the petitioner;
(j) in a petition by one only one member of a relevant couple within the meaning of section 29(3) of the 2007 Act, why the other member of that couple has not joined in the application;
(k) whether the petitioner understands the nature and effect of an adoption order and in particular that the order, if made, will make the petitioner responsible for the mainte283ce and upbringing of the child;
(l) whether the means and standing of the petitioner are such as to enable him to maintain and bring up the child suitably;
(m) whether the child has any right or interest in property and, if so, what right or interest;
(n) whether any payment or other reward in consideration of the adoption, other than an approved adoption allowance, has been received or agreed upon;
(o) what insurance has been offered on the life of the child;
(p) the religious persuasion, racial origin and cultural and linguistic background of the child and of the petitioner;
(q) considerations arising from the difference in age between the petitioner and the child if this is more or less than the normal difference in age between parents and children;
(r) whether adoption is likely to safeguard and promote the welfare of the child throughout his life;
(s) whether the child is subject to a supervision requirement and, if so, what steps have been taken to comply with section 73(4)(c), (5) and (13) (duration and review of supervision requirement) of the 1995 Act;
(t) where paragraph (5) applies, the information mentioned in paragraph (6);
(u) whether there has been a contravention of section 75 of the 2007 Act in relation to the child;
(v) whether there has been a failure to comply with section 76(2) of the 2007 Act in relation to the child;
(w) any other matters relevant to the operation of section 14 of the 2007 Act in relation to the application;
(x) where appropriate, information about whether—
(i) in an application under section 29(1) of the 2007 Act, the petitioners are a relevant couple within the meaning of section 29(3)(c) or (d) of the 2007 Act;
(ii) in an application under section 30(1) of the 2007 Act, the petitioner is a member of a relevant couple within the meaning of section 29(3)(c) or (d) of the 2007 Act;
(y) in the case of a petition under paragraph (2) to which regulation 50 of the 2009 Regulations applies, the details referred to in paragraph (7); and
(z) any other information which may be of assistance to the court.
(5) This paragraph applies where—
(a) the child was placed for adoption under section 19(1) (placement with parental consent: England and Wales) of the 2002 Act;
(b) the child was placed for adoption under a placement order made under section 21(1) (placement orders: England and Wales) of the 2002 Act; or
(c) each parent or guardian has consented under section 20(1) (advance consent to adoption: England and Wales) of the 2002 Act to the making of a future adoption order.
(6) The information referred to in paragraph (4)(t) is any available information about whether—
(a) any placement order has been revoked;
(b) any of the consents referred to in section 31(8) or (9) of the 2007 Act have at any time been withdrawn;
(c) a parent or guardian of the child wishes to seek leave to oppose the petition; and
(d) there has been any change of circumstances since the consent of the parent or guardian was given or, as the case may be, the order under section 21(1) (placement orders: England and Wales) of the 2002 Act was made.
(7) The details mentioned in paragraph (4)(y) are—
(a) details of any reviews carried out under regulation 10 of the Adoption Agencies (Scotland) Regulations 2009; and
(b) details of any visits carried out under regulation 25(1)(a) of those Regulations.
(8) If a report mentioned in paragraph (3)(d) or (e) is unavailable to be lodged along with the petition, the court shall pronounce an interlocutor requiring the adoption agency or local authority concerned to prepare and lodge such a report in court within 2 weeks from the date of the interlocutor, or within such other period as the court in its discretion may allow.
(9) If any of the documents required to be lodged in process under paragraph (3)(f), (g), (h), (i), (j) or (k) is unavailable to be lodged by reason of its being in the possession of an adoption agency, the court shall pronounce an interlocutor requiring the agency to lodge the document within 4 weeks from the date of the interlocutor, or within such other period as the court in its discretion may allow.
67.9. 

(1) The additional requirements in this Rule apply to a petitioner in an application for an order under section 59 of the 2007 Act.
(2) In the case of an application to which regulation 7 of the 2009 Regulations applies, the petitioner must lodge along with the petition—
(a) the confirmation required under regulation 7(3)(a)(i) of the 2009 Regulations;
(b) copies of the confirmations to the adoption agency referred to in regulations 7(3)(b)(i), (iii) and (iv) of the 2009 Regulations;
(c) a copy of the report mentioned in regulation 7(3)(b)(ii) of the 2009 Regulations;
(d) a copy of the confirmation to the adoption agency referred to in regulation 7(3)(c) or (d), as the case may be, of the 2009 Regulations; and
(e) the documents mentioned in regulation 8 of those Regulations.
(3) In the case of an application to which regulation 50 of the 2009 Regulations applies, the petitioner must lodge along with the petition the reports, confirmations and other documents or, where appropriate, copies thereof, referred to in regulation 50(3)(a) to (d), (f) and (g) of those Regulations.
(4) Where appropriate the petitioner must also lodge in process a translation into English of any document referred to in paragraph (2) or (3) together with the certificate referred to in paragraph (5).
(5) The certificate mentioned in paragraph (4) is a certificate by the translator—
(a) certifying that the translation is in conformity with the original document; and
(b) giving the full name, address, and qualifications of the translator.
(6) The petitioner must adduce evidence of the law of adoption in the country or territory in which it is intended to adopt the child.
(7) The evidence of the law of adoption required under paragraph (6) may be in the form of an affidavit by a person who is conversant with that law and who—
(a) practices or has practised law in that country or territory; or
(b) is a duly accredited representative of the government of that country or territory in the United Kingdom.
67.10. 

(1) When any person who proposes to apply under rule 67.8 wishes to prevent his identity being disclosed to any person whose consent to the order is required, he may, before presenting the petition, apply by letter to the Deputy Principal Clerk for a serial number to be assigned to him for all purposes connected with the petition.
(2) On receipt of an application under paragraph (1), the Deputy Principal Clerk shall—
(a) assign a serial number to the applicant; and
(b) enter a note of the number opposite the name of the applicant in a register of serial numbers.
(3) The contents of the register of serial numbers and the names of the persons to whom each number relates shall be treated as confidential by the Deputy Principal Clerk and disclosed only to the court.
(4) Where a serial number has been assigned to an applicant under paragraph (2) any form of consent to an adoption order or order under section 59 of the 2007 Act—
(a) must refer to the applicant by means of the serial number assigned to him;
(b) must not contain the name and designation of the applicant; and
(c) must specify the year in which the serial number was assigned.
67.11. 

(1) The court shall, on the presentation of a petition under rule 67.8 appoint a curator ad litem and reporting officer.
(2) But, subject to paragraph (3), the court shall not appoint a reporting officer where one or more of the following applies—
(a) an order freeing the child for adoption has been made;
(b) a permanence order with provision granting authority for the child to be adopted has been granted under section 80 of the 2007 Act;
(c) the petition is founded on one or other or both of section 31(8) (advance consent to adopt) or (9) (placement of child: England and Wales) of the 2007 Act.
(3) Notwithstanding paragraph (2), a reporting officer shall be appointed—
(a) in any case in which the petition is founded on the condition in section 31(2) of the 2007 Act, whether or not it is also founded on section 31(8) or (9) of that Act; or
(b) where the child who is the subject of the application is aged 12 or over, for the purpose of witnessing that child’s consent, where that consent is to be executed in Scotland.
(4) The same person may be appointed as curator ad litem and reporting officer in the same petition, if the court considers that doing so is appropriate in the circumstances.
(5) A person may, before presenting the petition, apply by letter to the Deputy Principal Clerk for the appointment of a reporting officer.
(6) An application under paragraph (5) shall—
(a) set out the reasons for which the appointment is sought;
(b) not require to be intimated to any person;
(c) be accompanied by an interlocutor sheet; and
(d) be placed by the Deputy Principal Clerk before the Lord Ordinary for his decision.
(6) The Deputy Principal Clerk shall  give written intimation of  the appointment of a curator ad litem and reporting officer under paragraph (1) or (5) to the petitioner and to the person or persons appointed.
(7) The decision of the Lord Ordinary on an application under paragraph (5) shall be final and not subject to review.
(8) The letter and the interlocutor sheet in an application under paragraph (5) shall be kept in the Petition Department and subsequently placed in the process of the petition.
67.12. 

(1) The other duties of a reporting officer appointed under this Part, other than under rule 67.11(3)(b), which are prescribed for the purposes of section 108(1)(b) of the 2007 Act are—
(a) to ascertain the whereabouts of all persons whose consent to the making of an adoption order or order under section 59 of the 2007 Act in respect of the child is required;
(b) to ascertain whether there is any person other than those mentioned in the petition upon whom notice of the petition should be served;
(c) in the case of each person who is not a petitioner and whose consent to the making of an adoption order or order under section 59 of the 2007 Act is required or may be dispensed with—
(i) to ascertain whether that person understands the effect of the adoption order or order under section 59 of the 2007 Act;
(ii) to ascertain whether alternatives to adoption have been discussed with that person;
(iii) to confirm that that person understands that he may withdraw his consent at any time before an order is made;
(iv) to ascertain whether that person suffers or appears to suffer from a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
(d) to report in writing on the matters mentioned in subparagraphs (a) to (c) to the court within 4 weeks from the date of the interlocutor appointing the reporting officer, or within such other period as the court may allow.
(2) References in paragraph (1) to “consent” are to consent within the meaning of section 31(2)(a) or 32(1) of the 2007 Act, as the case may be.
(3) A curator ad litem appointed under this Part must—
(a) have regard to safeguarding the interests of the child as his paramount duty;
(b) inquire, so far as he considers necessary, into the facts and circumstances averred in the petition and in the report mentioned in rule 67.8(4);
(c) obtain particulars of accommodation in the home of the petitioner and the condition of the home;
(d) obtain particulars of all members of the household of the petitioner and their relationship to the petitioner;
(e) in the case of a petition by only one member of a relevant couple within the meaning of section 29(3) of the 2007 Act, ascertain the reason of the other member of the couple for not joining the application;
(f) ascertain whether the means and status of the petitioner are sufficient to enable him to maintain and bring up the child suitably;
(g) ascertain what rights or interests in property the child has;
(h) establish that the petitioner understands the nature and effect of an adoption order and in particular that the making of the order will render him responsible for the mainte283ce and upbringing of the child;
(i) where appropriate, ascertain when the mother of the child ceased to have the care and possession of the child and to whom care and possession was then transferred;
(j) ascertain whether any payment or other reward in consideration of the adoption has been given or agreed upon;
(k) ascertain whether the child is subject to a supervision requirement under section 70 of the 1995 Act;
(l) ascertain whether the life of the child has been insured and if so for what sum;
(m) ascertain whether it may be in the interests of the welfare of the child that the court should make the adoption order or order under section 59 of the 2007 Act subject to particular terms and conditions or require the petitioner to make special provision for the child and, if so, what provision;
(n) where the petitioner is not ordinarily resident in the United Kingdom, establish whether a report has been obtained on the home and living conditions of the petitioner from a suitable agency in the country in which he is ordinarily resident;
(o) establish the reasons of the petitioner for wishing to adopt the child;
(p) establish the religious persuasion, racial origin and cultural and linguistic background of the child and of the petitioner;
(q) assess the considerations which might arise where the difference in age as between the petitioner and the child is greater or less than the normal difference in age between parents and their children;
(r) consider such other matters, including the personality of the petitioner and, where appropriate, that of the child, which might affect the suitability of the petitioner and the child for the relationship created by adoption and affect the ability of the petitioner to bring up the child;
(s) ascertain whether it would be better for the child that the court should make the order than it should not make the order;
(t) ascertain whether the adoption is likely to safeguard and promote the welfare of the child throughout his life; and
(u) ascertain from the child whether he wishes to express a view and, where a child indicates his wish to express a view, ascertain that view.
(4) Subject to paragraph (5) the curator ad litem must report in writing on the matters mentioned in paragraph (3) to the court within 4 weeks from the date of the interlocutor appointing the curator, or within such other period as the court in its discretion may allow.
(5) Subject to any order made by the court under rule 67.16(1)(a), the views of the child ascertained in terms of paragraph (3)(u) may, if the curator ad litem considers appropriate, be conveyed to the court orally.
67.13. 

(1) The consent of a parent or guardian to an order required by section 31(2)(a) of the 2007 Act is to be in Form 67.13-A.
(2) The consent of the child required by section 32(1) of the 2007 Act is to be in Form 67.13-B.
(3) A form of consent mentioned in paragraph (1) or (2) must be witnessed—
(a) where it is executed in Scotland, by the reporting officer appointed under rule 67.11;
(b) where it is executed outwith Scotland but within the United Kingdom, by a justice of the peace or a commissioner for oaths; or
(c) where it is executed outwith the United Kingdom—
(i) if the person who executes the form is serving in Her Majesty’s forces, by an officer holding a commission in any of those forces; or
(ii) in any other case, by a British diplomatic or consular official or any person authorised to administer an oath or affirmation under the law of the place where the consent is executed.
67.14. 

(1) On the lodging of a petition under rule 67.8—
(a) the Deputy Principal Clerk shall cause the petition to be put on the By Order Roll before the Lord Ordinary not less than 6 and not more than 8 weeks thereafter;
(b) in the case of a petition under rule 67.8(1), the petitioner or, where a serial number has been assigned under rule 67.10, the Deputy Principal Clerk shall intimate a copy of the petition along with a notice of intimation in Form 67.14-A to—
(i) every person who can be found and whose consent to the making of the order is required to be given or dispensed with under the 2007 Act;
(ii) if no such person can be found, a relative of the child within the meaning of section 119(1) of the 2007 Act, unless the address of such a relative is not known to the petitioner and cannot reasonably be ascertained;
(iii) every person who has consented to the making of the order under section 20 of the 2002 Act (and has not withdrawn the consent) unless the person has given a notice under subsection (4)(a) of that section which has effect; and
(iv) every person who, if leave were given under section 31(12) of the 2007 Act, would be entitled to oppose the making of the order;
(c) in the case of a petition under rule 67.8(2), the petitioner or, where a serial number has been assigned under rule 67.10, the Deputy Principal Clerk shall intimate a copy of the petition along with a notice of intimation in Form 67.14-A to every person who can be found and whose consent to the making of the order would be required if the application were for an adoption order (other than a Convention adoption order);
(d) in the case of a petition under rule 67.8(1) the petitioner or, where a serial number has been assigned under rule 67.10, the Deputy Principal Clerk shall intimate a copy of the petition along with a notice of intimation in Form 67.14-B to the father of the child if he does not have, and has never had, parental responsibilities or parental rights in relation to the child and if he can be found;
(e) the Deputy Principal Clerk shall  give written intimation of  the date of the hearing on the By Order Roll to the curator ad litem and to any reporting officer appointed by the court under rule 67.11.
(2) A notice of intimation under paragraph (1)(b) or (c) must state—
(a) that an application for adoption has been made;
(b) the date on which, and place where, the By Order hearing will be held;
(c) the fact that the person is entitled to be heard on the application;
(d) the fact that, unless the person wishes, or the court requires, the person need not attend the hearing.
(3) A notice of intimation under paragraph (1)(d) must state the matters mentioned in paragraph (2)(a) and (b).
67.15. 
In any petition for an adoption order or order under section 59 of the 2007 Act, the court may at any time order intimation to be made in such terms as it considers appropriate on any person who in its opinion ought to be given notice of the application.
67.16. 

(1) Where a child has indicated his wish to express his views the court, without prejudice to rule 67.12(3)(u)—
(a) may order such procedural steps to be taken as he considers appropriate to ascertain the views of that child; and
(b) must not make an order under this Part unless an opportunity has been given for the views of that child to be obtained or heard.
(2) Where the views of the child, whether under this rule or under rule 67.12, have been recorded in writing, the court may direct that such a written record is to—
(a) be sealed in an envelope marked “Views of the child – confidential”;
(b) be available to the court only;
(c) not be opened by any other person; and
(d) not form a borrowable part of process.
67.17. 

(1) At the hearing on the By Order Roll appointed under rule 67.14 the court shall—
(a) if no party indicates his intention to oppose the petition, dispose of the cause or make such other order as it considers appropriate;
(b) in any other case—
(i) ascertain from the parties the anticipated length of any proof that may be required;
(ii) fix a diet of proof not less than 12 and not more than 16 weeks after the date of the hearing on the By Order Roll unless, on cause shown, a longer period is appropriate;
(iii) give such directions as to the preparation for the proof as he considers appropriate;
(iv) order answers and any other documents to be lodged within 21 days of the date of the hearing on the By Order Roll or such other period as it considers appropriate;
(2) Paragraph (1)(b)(ii) shall not require a proof to be held when the court is in vacation unless the court otherwise directs.
(3) At the hearing on the By Order Roll the court may—
(a) if it is not satisfied that the facts stated in the petition are supported by the documents lodged with it or by the reports of the curator ad litem and reporting officer, order the production of further documents;
(b) where it considers it appropriate to do so, fix a pre-proof hearing not less than 2 and not more than 6 weeks before the diet of proof; and
(c) make such other order as it considers appropriate for the expeditious progress of the case.
67.18 

(1) If the court appoints a pre-proof hearing under rule 67.17(3), the parties must provide the court with sufficient information to enable it to conduct the hearing as provided for in this rule.
(2) At the pre-proof hearing the court must ascertain, so far as is reasonably practicable, whether the cause is likely to proceed to proof on the date fixed for that purpose.
(3) For the purposes of paragraph (2), the court must consider—
(a) the state of preparation of the parties;
(b) the extent to which the parties have complied with any orders made by the court under rule 67.17.
(4) At the pre-proof hearing the court may—
(a) discharge the proof and fix a new date for such proof;
(b) adjourn the pre-proof hearing;
(c) order the lodging of joint minutes of agreement, affidavits, expert reports and any other documents within such period as it considers appropriate;
(d) make such other order as it thinks fit to secure the expeditious progress of the cause.
67.19. 
The communication to the Registrar General of an adoption order required to be made by the clerk of court under paragraph 4(1) of Schedule 1 to the 2007 Act is to be made by sending a certified copy of the order to the Registrar General in a sealed envelope marked “Confidential”.
67.20 

(1) An adoption order granted by the court must specify the name and address of the adoption agency, if any, which has taken part in the arrangements for placing the child in the care of the petitioner.
(2) No extract of an adoption order is to be issued except by order of the court on an application to it—
(a) where there is a petition for the adoption order or order under section 59 of the 2007 Act, as the case may be, depending before the court, by motion; or
(b) where there is no such petition depending before the court, by petition.
67.21 

(1) Immediately after the communication is made under rule 67.19 or immediately upon a extract of the order being issued under rule 67.20 the clerk of court or the Extractor, as the case may be, shall—
(a) place the whole process in an envelope bearing only—
(i) the name of the petitioner;
(ii) the full name of the child to whom the process relates; and
(iii) the date of the order; and
(b) seal the envelope and mark it “confidential”.
(2) The envelope referred to in paragraph (1) is not to be unsealed by the clerk of court or any other person having control of the records of the court, and the process is not to be made accessible to any person for one hundred years after the date of the granting of the order, except—
(a) to an adopted child who has attained the age of 16 and to whose adoption the process refers;
(b) to the Deputy Principal Clerk, on an application being made to him by an adoption agency, and with the consent of the adopted person for the purpose only of ascertaining the name of the agency, if any, responsible for the placement of that person and informing the applicant of that name;
(c) to a person on an application made by petition presented by him to the court setting forth the reason for which access to the process is required;
(d) to a court, public authority or administrative board (whether in the United Kingdom or not) having power to authorise an adoption, on petition to it by the court requesting that information be made available from the process for the purpose of discharging its duties in considering an application for adoption and specifying the precise reason for which access to the process is required;
(e) to a person who is authorised by the Scottish Ministers to obtain information for the purposes of such research as is intended to improve the working of adoption law and practice.
(3) The clerk of court must—
(a) where the court also makes an order under section 36(2) (revocation of supervision requirement) of the 2007 Act, intimate that order to the Principal Reporter; and
(b) where appropriate, intimate the making of an adoption order or order under section 59 of the 2007 Act to the court by which—
(i) an order freeing the child for adoption was made; or
(ii) a permanence order with provision granting authority for the child to be adopted was made.
67.22. 

(1) An application under paragraph 7 of Schedule 1 to the 2007 Act (amendment of orders and rectification of registers) shall be made by petition.
(2) The court may order the petitioner to intimate the petition to such persons as it considers appropriate.
(3) Subject to paragraph (4), rule 67.2 (disapplication of certain rules to this Chapter) shall not apply to an application mentioned in paragraph (1).
(4) An application mentioned in paragraph (1) shall not be intimated on the walls of court or advertised.
67.23. 

(1) An application under section 20(2) (leave to remove child placed for adoption with consent), 21(3) (leave to remove child where notice of intention to adopt given), 22(3) (leave to remove child where application for adoption order pending), 23(3) (leave to remove child looked after by local authority), 24(1) (return of child removed in breach of certain conditions) or 24(2) (order directing person not to remove child) of the 2007 Act shall be made—
(a) if there is pending in respect of the child an application for an adoption order, by note in the process of that application; or
(b) in any other case, by petition.
(2) Subject to paragraph (3), rule 67.2 (disapplication of certain rules to this Chapter) shall not apply to a petition under paragraph (1)(b).
(3) A petition under paragraph (1)(b) shall not be intimated on the walls of court or advertised.
PART 3
67.24. 
In this Part, unless the context otherwise requires—
 “Central Authority” means the Scottish Executive;
 “the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;
 “Convention adoption order” means an adoption which, by virtue of regulation 53(2) of the 2009 Regulations, is made as a Convention adoption order;
 “Convention country” means any country or territory in which the Convention is in force.
67.25. 

(1) An application for a Convention adoption order is to be made by petition in Form 67.25.
(2) The following documents must be lodged in process along with a petition under paragraph (1):—
(a) a certificate, register extract, or other proof of date of birth relating to the child who is the subject of the application, issued or authenticated by the applicable Convention country authority;
(b) in the case of a joint petition by a married couple, a certificate, register extract or other proof of their marriage, issued or authenticated by the applicable Convention country authority;
(c) in the case of a joint petition by a couple who are civil partners of each other, a certificate, register extract or other proof of their civil partnership, issued or authenticated by the applicable Convention country authority;
(d) any report by the local authority required by section 19(2) (investigation by local authority on receipt of notice of intention to apply for adoption order) of the 2007 Act, if available;
(e) any report by an adoption agency, being a Scottish accredited body, required by section 17 (report on the suitability of the applicants and other matters) of the 2007 Act, if available;
(f) where appropriate, an extract of the order freeing the child for adoption;
(g) where appropriate, an extract of the permanence order made in respect of the child under section 80 of the 2007 Act;
(h) in the case of a petition to which the provisions of Chapter 1 of Part 3 of the 2009 Regulations apply—
(i) copies of the Article 16 Information and the Agreement under Article 17(c) of the Convention referred to in regulation 34(c) of those Regulations; and
(ii) the confirmation referred to in regulation 34(d) of those Regulations;
(i) in the case of a petition to which the provisions of Chapter 2 of Part 3 of the 2009 Regulations apply—
(i) copies of the Article 16 Report and the Agreement under Article 17(c) of the Convention referred to in regulation 51(c) of those Regulations; and
(ii) the confirmation referred to in regulation 51(d) of those Regulations;
(j) any other document founded on by the petitioner in support of the petition;
(k) where appropriate, a translation into English of any document referred to in subparagraphs (a) to (j), together with the certificate referred to in paragraph (3).
(3) The certificate mentioned in paragraph (2)(k) is a certificate by the translator—
(a) certifying that the translation is in conformity with the original document; and
(b) giving the full name, address and qualifications of the translator.
(4) A report by a local authority under section 19(2), or an adoption agency under section 17 of the 2007 Act must be in numbered paragraphs and include the following matters:—
(a) a description of the petitioner’s background, including his family history, medical history, his social environment, his reasons for wishing to adopt, his eligibility and suitability to adopt, and in particular his suitability for a Convention adoption order;
(b) a description of the child’s background, including his family history, his medical history and that of his family, his social environment, his physical and mental health (including any special needs), and his emotional, behavioural and educational development;
(c) information about the mutual suitability of the petitioner and the child for the relationship created by adoption, and the ability of the petitioner to bring up the child, including an assessment of the personalities of the petitioner and of the child;
(d) particulars of all the members of the household of the petitioner, and their relationship to the petitioner;
(e) a description of the accommodation in the home of the petitioner;
(f) in a petition by only one member of a relevant couple within the meaning of section 29(3) of the 2007 Act, why the other member of that couple has not joined in the application;
(g) whether the petitioner understands the nature and effect of an adoption order and in particular that the order, if made, will make the petitioner responsible for the mainte283ce and upbringing of the child;
(h) whether the means and standing of the petitioner are such as to enable him to maintain and bring up the child suitably;
(i) whether the child has any right or interest in property and, if so, what right or interest;
(j) whether any payment or other reward in consideration of the proposed adoption, other than an approved adoption allowance has been received or agreed;
(k) what insurance has been offered on the life of the child;
(l) the religious persuasion, racial origin, and cultural and linguistic background of the child and of the petitioner;
(m) considerations arising from the difference in age between the petitioner and the child if this is more or less than the normal difference between parents and children;
(n) whether adoption is likely to safeguard and promote the welfare of the child throughout his life;
(o) whether the child is subject to a supervision requirement under section 70 of the 1995 Act and, if so, what steps have been taken to comply with section 73(4)(c), (5) and (13) (duration and review of supervision requirement) of that Act;
(p) whether there has been a contravention of section 75 of the 2007 Act in relation to the child;
(q) whether there has been a failure to comply with section 76(2) of the 2007 Act in relation to the child;
(r) any other matters relevant to the operation of section 14 of the 2007 Act in relation to the application;
(s) where appropriate, information about whether—
(i) in an application under section 29(1) of the 2007 Act, the petitioners are a relevant couple within the meaning of section 29(3)(c) or (d) of the 2007 Act
(ii) in an application under section 30(1) of the 2007 Act, the petitioner is a member of a relevant couple within the meaning of section 29(3)(c) or (d) of the 2007 Act;
(t) in the case of a petition to which the provisions of Chapter 1 of Part 3 of the 2009 Regulations apply, the confirmation, the date and the details referred to respectively in regulation 33(a), (b) and (c) of those Regulations;
(u) any other information which may be of assistance to the court.
(5) If no report mentioned in paragraph (2)(d) or (e) is available to be lodged with the petition, the court shall pronounce an interlocutor requiring the local authority or adoption agency to prepare and lodge such a report in court within 2 weeks from the date of the interlocutor, or within such other period as the court in its discretion may allow.
67.26. 
Rules 67.11 to 67.23 (other than paragraph (3)(n) of rule 67.12) of Part 2 are to apply to an application under this Part, so far as they are not inconsistent with this Part, except that—
(a) rule 67.11 (appointment of curator ad litem) and reporting officer) is to be read as if—
(i) in paragraph (1), for “rule 67.8” there were substituted “rule 67.25”;
(ii) in paragraph (1) “and reporting officer” were omitted; and
(iii) for paragraphs (2) and (3) there were substituted—“
(2) Subject to paragraph (3), the court must not appoint a reporting officer.
(3) A reporting officer must be appointed where the child who is the subject of the application is aged 12 or over, for the purposing of witnessing that child’s consent where that consent is executed in Scotland.”;
(b) rule 67.14 (intimation and hearing of adoption petition) is to be read as if—
(i) in paragraph (1), for “rule 67.8” there were substituted “rule 67.25”;
(ii) for paragraph (1)(b) there were substituted—“
(b) the petitioner must intimate a copy of the petition along with a notice of intimation in Form 67.14-A to—
(i) the curator ad litem and reporting officer;
(ii) any person or body who has care or possession of the child; and
(iii) any local authority or adoption agency that has prepared a report under section 17 or 19(2) of the 2007 Act.”;
(iii) paragraph 1(c) and (d) were omitted.
(c) rule 67.19 (communication to the Registrar General) is to be read as if for it there were substituted—“
67.19. 

(1) The making of a Convention adoption order is to be intimated in accordance with this rule to the Registrar General and the Central Authority by the clerk of court.
(2) A certified copy of the order making a Convention adoption order must be sent to the Registrar General and the Central Authority in a sealed envelope marked “Confidential”.”.
67.27. 

(1) This rule applies to an application for—
(a) an order under section 68 (annulment and recognition) of the 2007 Act; and
(b) a decision under section 68(2)(b) of the 2007 Act.
(2) Where the adopted person is under the age of 18 years on the date of the making of an application to which this rule applies, the court shall appoint a curator ad litem with the duties mentioned in rule 67.12(3).
(3) On the court granting an application to which this rule applies, the Deputy Principal Clerk shall send a notice of the order to the Registrar General specifying—
(a) the date of the adoption;
(b) the name and address of the authority which granted the adoption;
(c) the names of the adopter or adopters and of the adopted person as given in that petition;
(d) the country in which the petition was granted;
(e) the country of which the adopted person is a national; and
(f) the country in which the adopted person was born.
PART 4
67.28 

(1) An application for a permanence order under section 80 of the 2007 Act is to be made by petition in Form 67.28.
(2) The following documents must be lodged in process along with a petition under paragraph (1):—
(a) an extract of the entry in the Register of Births relating to the child who is the subject of the application;
(b) a report by the petitioner in numbered paragraphs which deals with the following matters:—
(i) how the needs of the child came to the notice of the petitioner;
(ii) any relevant family circumstances of the child;
(iii) a description of the physical and mental health of the child (including any special needs) and his emotional, behavioural and educational development;
(iv) an account of the discussion by the petitioner with the parents or guardians of the child and, if appropriate, with the child about their wishes and the alternatives to a permanence order;
(v) where appropriate, whether the father of the child has been given notice and provided with the prescribed information under section 105(2) of the 2007 Act;
(vi) the knowledge of the petitioner of the position of other relatives or persons likely to be involved;
(vii) an account of the search by the petitioner for any parent or guardian who cannot be found;
(viii) the arrangements of the petitioner to care for the child after the making of a permanence order (including the arrangements for contact between the child and any other person);
(ix) the child’s religious persuasion, racial origin and cultural and linguistic background;
(x) the likely effect on the child of the making of a permanence order;
(xi) whether there is a person who has the right mentioned in section 2(1)(a) of the 1995 Act to have the child living with the person or otherwise to regulate the child’s residence and, where there is such a person, evidence that the child’s residence with the person is or is likely to be seriously detrimental to the welfare of the child;
(xii) whether the child is or has been married or a civil partner;
(xiii) in the case of a petition containing a request that the order include provision granting authority for the child to be adopted, the matters mentioned in paragraph (3);
(xiv) in the case of a petition in respect of a child who is aged 12 or over, whether the child consents to the making of the order or is incapable of doing so;
(xv) whether the child is subject to a supervision requirement under section 70 of the 1995 Act;
(xvi) any other information which may be of assistance to the court having regard, in particular, to sections 83 (if appropriate) and 84 of the 2007 Act;
(c) any other document founded upon by the petitioner in support of the terms of the petition.
(3) The matters referred to in paragraph (2)(xiii) are—
(a) whether the child has been, or is likely to be, placed for adoption;
(b) whether each parent or guardian of the child understands what the effect of making an adoption order would be and consents to the making of such an order in relation to the child, or the grounds on which such consent should be dispensed with.
(4) If the report mentioned in paragraph (2)(b) is unavailable to be lodged with the petition, the court shall pronounce an interlocutor requiring the petitioner to prepare and lodge such a report within 2 weeks of the date of the interlocutor, or within such other period as the court in its discretion may allow.
67.29. 

(1) The court must, on the lodging of a petition under rule 67.28 appoint a curator ad litem and reporting officer.
(2) Subject to paragraph (3), the court must not appoint a reporting officer where the petition does not request that the order include provision granting authority for the child to be adopted.
(3) Notwithstanding paragraph (2), a reporting officer must be appointed where the child who is the subject of the application is aged 12 or over for the purpose of witnessing that child’s consent where that consent is to be executed in Scotland.
(4) The same person may be appointed as curator ad litem and reporting officer in the same petition if the court considers that doing so is appropriate in the circumstances
(5) A person may, before presenting the petition, apply by letter to the Deputy Principal Clerk for the appointment of a reporting officer.
(6) An application under paragraph (4) shall—
(a) set out the reasons for which the appointment is sought;
(b) not require to be intimated to any person;
(c) be accompanied by an interlocutor sheet; and
(d) be placed by the Deputy Principal Clerk before the Lord Ordinary for his decision.
(7) The Deputy Principal Clerk shall intimate the appointment of a curator ad litem and reporting officer under paragraph (1) or (5) to the petitioner and to the person or persons appointed.
(8) The decision of the Lord Ordinary on an application under paragraph (5) shall be final and not subject to review.
(9) The letter and the interlocutor sheet in an application under paragraph (5) shall be kept in the Petition Department and subsequently placed in the process of the petition.
67.30. 

(1) On the lodging of a petition under rule 67.28—
(a) the Deputy Principal Clerk must cause the petition to be put on the By Order Roll before the Lord Ordinary not less than 6 and not more than 8 weeks thereafter;
(b) where the petition does not contain a request that the order include provision granting authority for the child to be adopted, the petitioner must intimate a copy of the petition along with a notice of intimation in Form 67.30-A to—
(i) any person who has parental responsibilities or parental rights in relation to the child; and
(ii) any person who claims to have an interest;
(c) where the petition contains such a request—
(i) the petitioner must intimate a copy of the petition along with a notice of intimation in Form 67.30-A to the persons mentioned in paragraph (2); and
(ii) the petitioner must intimate a copy of the petition along with a notice of intimation in Form 67.30-B to the father of the child if he does not have, and never has had, parental responsibilities and parental rights in relation to the child;
(d) the Deputy Principal Clerk must intimate the date of the hearing on the By Order Roll to the curator ad litem and to any reporting officer appointed under rule 67.29;
(e) the court may order the petitioner to intimate the application to such other person as it considers appropriate.
(2) The persons referred to in paragraph (1)(c)(i) are—
(a) every person who can be found and whose consent to the making of the order is required to be given or dispensed with under the 2007 Act;
(b) if no such person can be found, a relative of the child within the meaning of section 119(1) of the 2007 Act unless the address of such a relative is not known to the petitioner and cannot reasonably be ascertained.
(3) A notice of intimation under paragraph (1)(c)(i) must include the following matters:–
(a) that an application for a permanence order containing a request that the order include provision granting authority for the child to be adopted has been made;
(b) the date on which and place where the By Order hearing will be held;
(c) the fact that the person is entitled to be heard on the application;
(d) the fact that, unless the person wishes, or the court requires, the person need not attend the hearing.
(4) A notice of intimation under paragraph (1)(c)(ii) must include the matters mentioned in paragraphs (3)(a) and (b).
67.31. 

(1) At the By Order hearing appointed under rule 67.30 the court must—
(a) if no party indicates his intention to oppose the petition, dispose of the cause or make such other order as it considers appropriate; or
(b) in any other case—
(i) ascertain from the parties the anticipated length of any proof that may be required;
(ii) fix a diet of proof not less than 12 and not more than 16 weeks after the date of the hearing on the By Order Roll unless, on cause shown, a longer period is appropriate;
(iii) give such directions as to the preparation for the proof as it considers appropriate;
(iv) order answers and any other documents to be lodged within 21 days of the date of the hearing on the By Order Roll or such other period as it considers appropriate.
(2) Paragraph (1)(b)(ii) shall not require a proof to be held when the court is in vacation unless the court otherwise directs.
(3) At the By Order hearing the court may—
(a) if it is not satisfied that the facts stated in the petition are supported by the documents lodged with it or by the reports of the curator ad litem and reporting officer, order the production of further documents; and
(b) where it considers it appropriate to do so, fix a pre-proof hearing not less than 2 and not more than 6 weeks before the diet of proof;
(c) make such other order as it considers appropriate for the expeditious progress of the case.
67.32. 

(1) If the court appoints a pre-proof hearing under rule 67.31, the parties must provide the court with sufficient information to enable it to conduct the hearing as provided for in this rule.
(2) At the pre-proof hearing the court must ascertain, so far as is reasonably practicable, whether the cause is likely to proceed to proof on the date fixed for that purpose and, in particular, the court must consider—
(a) the state of preparation of the parties;
(b) the extent to which the parties have complied with any orders made by the court under rule 67.31.
(3) At the pre-proof hearing the court may—
(a) discharge the proof and fix a new date for such proof;
(b) adjourn the pre-proof hearing;
(c) order the lodging of joint minutes of agreement, affidavits and expert reports within such period as it considers appropriate;
(d) make such other order as it considers appropriate to secure the expeditious progress of the cause.
67.33. 

(1) Where a permanence order has been granted, the Deputy Principal Clerk must—
(a) after the expiry of 14 days from the date of, or date of confirmation of, the order without an appeal having been taken, issue an extract of the order to the petitioner;
(b) where the court has also made an order under section 89(2) (revocation of supervision requirement) of the 2007 Act, intimate the making of that order to the Principal Reporter.
(2) Where the permanence order includes provision granting authority for the child to be adopted, the Deputy Principal Clerk must, after complying with paragraph (1), seal the process in an envelope marked “Confidential”.
(3) The envelope referred to in paragraph (2) must not be unsealed by the clerk of court or any other person having control of the records of that or any court, and the process shall not be made accessible to any person for one hundred years after the date of the granting of the order except—
(a) to the person to whom the permanence order relates once he has attained the age of 16 years;
(b) to the Deputy Principal Clerk, on an application made to him by an adoption agency, with the consent of the person to whom the process relates, for the purpose only of ascertaining the name of the agency, if any, responsible for the placement of that person and informing the applicant of that name;
(c) to a person, on an application made by him to the court setting forth the reasons for which access to the process is required;
(d) to a court, public authority or administrative board (whether in the United Kingdom or not) having power to authorise an adoption, on petition by it to the court which granted the original order requesting that information be made available from the process for the purpose of discharging its duties in considering an application for adoption and specifying the precise reasons for which access to the process is required; or
(e) to a person who is authorised by the Scottish Ministers to obtain information from the process for the purpose of such research as is intended to improve the working of adoption law and practice.
67.34 

(1) An application under section 92(2) of the 2007 Act (application for variation of ancillary provisions) is to be made by note.
(2) A note under paragraph (1) must contain—
(a) the name and address of the applicant;
(b) the applicant’s relationship to and interest in the child;
(c) the name and address of the local authority on whose application the permanence order was granted;
(d) details of the original application;
(e) details of any other person affected by the order;
(f) the grounds on which variation is sought;
(g) details of whether the child is subject to a supervision requirement under section 70 of the 1995 Act;
(h) details of the order sought by the applicant.
(3) On presentation of a note under paragraph (1) the court must—
(a) order the applicant to intimate the note to—
(i) the petitioner in the original application, where it is not the applicant;
(ii) any other person affected by the order; and
(iii) such other persons as the court considers appropriate; and
(b) appoint a curator ad litem.
(4) Any person to whom intimation is given under paragraph (2) may, within 14 days after the date on which intimation is made, lodge answers to the note.
(5) Where answers have been lodged under paragraph (4) the court must order a hearing to be fixed.
(6) Where no answers have been lodged under paragraph (4) the court may order a hearing to be fixed.
(7) Where the court orders a hearing to be fixed under paragraph (5) or (6) it may also order a pre-proof hearing to be fixed not less than 2 and not more than 6 weeks before the hearing.
(8) Rule 67.32 is to apply, with any necessary modifications, to any pre-proof hearing fixed under paragraph (7).
(9) The court shall order the applicant to intimate any hearing fixed under paragraph (5), (6) or (7) to the petitioner in the original application, where it is not the applicant, to any other person affected by the order and to such other persons as the court considers appropriate.
67.35. 

(1) An application under section 93(2) (amendment of order to include provision granting authority for child to be adopted) of the 2007 Act is to be made by note.
(2) A note under paragraph (1) must contain—
(a) the name and address of the applicant;
(b) details of the original application;
(c) details of the following matters:–
(i) whether the child has been, or is likely to be, placed for adoption;
(ii) whether each parent or guardian of the child understands what the effect of making an adoption order would be and consents to the making of such an order in relation to the child, or the grounds on which such consent should be dispensed with;
(iii) the child’s religious persuasion, racial origin and cultural and linguistic background;
(iv) whether the child is subject to a supervision requirement under section 70 of the 1995 Act;
(v) the likely effect on the child of the making of the order.
(3) On the lodging of a note under paragraph (1)—
(a) the Deputy Principal Clerk must cause the note to be put on the By Order Roll before the Lord Ordinary not less than 6 and not more than 8 weeks after the date of lodging the application;
(b) the applicant must intimate a copy of the note along with a notice of intimation in Form 67.35-A to every person who can be found and whose consent to the making of the order is required to be given or dispensed with under the 2007 Act;
(c) the applicant must intimate a copy of the note along with a notice of intimation in Form 67.35-B to the father of the child if he does not have, and never has had, parental responsibilities in relation to the child;
(d) the court may order the applicant to intimate the note to such other persons as it considers appropriate;
(e) the court must appoint a curator ad litem and reporting officer and the same person may be appointed as curator ad litem and reporting officer if the court considers that doing so is appropriate in the circumstances.
(4) A notice of intimation under paragraph (3)(b) must state the following matters:–
(a) that an application has been made;
(b) the date on which, and place where, the By Order hearing will be heard;
(c) the fact that the person is entitled to be heard on the application;
(d) the fact that, unless the person wishes, or the court requires, the person need not attend the hearing.
(5) A notice of intimation under paragraph (3)(c) must state the matters mentioned in paragraph (4)(a) and (b).
(6) Rules 67.31 to 67.33 are to apply, with any necessary modifications, to an application under this rule and they apply to an application under rule 67.28
67.36. 

(1) An application under section 98(1) (revocation of a permanence order) of the 2007 Act shall be made by note.
(2) A note under paragraph (1) must contain—
(a) the name and address of the applicant;
(b) the applicant’s relationship to and interest in the child;
(c) the name and address of the local authority on whose application the permanence order was granted;
(d) details of the original application;
(e) details of any other person affected by the order;
(f) the grounds on which revocation is sought;
(g) details of whether the child is subject to a supervision requirement under section 70 of the 1995 Act;
(h) details of the order sought by the applicant;
(i) detailed proposals for the future welfare of the child.
(3) On the lodging of a note under paragraph (1), the court must—
(a) order the applicant to intimate the note to—
(i) the petitioner in the original application, where it is not the applicant;
(ii) any other person affected by the order; and
(iii) such other persons as he considers appropriate; and
(b) appoint a curator ad litem.
(4) Any person to whom intimation has been given under paragraph (3) may, within 14 days after the date on which intimation is made, lodge answers to the note.
(5) Where answers have been lodged under paragraph (4), the court must order a hearing to be fixed.
(6) Where no answers have been lodged under paragraph (4) the court may—
(a) order the relevant local authority to submit a report to him;
(b) order a hearing to be fixed;
(c) order both such a report and such a hearing.
(7) Where the court orders a hearing to be fixed under paragraph (5) or (6) it may also order a pre-proof hearing to be fixed not less than 2 and not more than 6 weeks before the hearing.
(8) Rule 67.32 is to apply, with any necessary modifications, to any pre-proof hearing fixed under paragraph (7).
(9) The court shall order the applicant to intimate any hearing fixed under paragraph (5), (6) or (7) to the petitioner in the original application, where it is not the applicant, to any other person affected by the order and to such other persons as the court considers appropriate.
(10) An order made in respect of an application under paragraph (1) may specify the person—
(a) on whom parental responsibilities are imposed in consequence of the making of the order; and
(b) to whom parental rights are given in consequence of the making of the order.
67.37 

(1) Where an applicant under this Part wishes to prevent the address of the child being disclosed to any person whose consent to the making of an order is required, the applicant may apply to the Deputy Principal Clerk for a serial number to be assigned for that purpose.
(2) On receipt of an application under paragraph (1) the Deputy Principal Clerk must—
(a) assign a serial number in respect of the child’s address; and
(b) enter a note of the number opposite the child’s address in a register of serial numbers.
(3) The contents of the register of serial numbers and the addresses of the children to whom each number relates shall be treated as confidential by the sheriff clerk and are not to be disclosed to any person other then the sheriff.
(4) Where a serial number has been assigned under paragraph (2), any form of consent to a permanence order—
(a) must refer to the child’s address by means of the serial number assigned to it; and
(b) must specify the year in which and the court by which the serial number was assigned.
67.38. 

(1) The other duties of a reporting officer appointed under this Part, other than under rule 67.29(3), which are prescribed for the purposes of section 108(1)(b) of the 2007 Act are—
(a) to ascertain the whereabouts of all persons whose consent to the making of an adoption order in respect of the child is required;
(b) to ascertain whether there is any person other than those mentioned in the petition upon whom notice of the petition should be served;
(c) in the case of each person whose consent to the making of an adoption order is required or may be dispensed with—
(i) to ascertain whether that person understands what the effect of making an adoption order would be;
(ii) to ascertain whether alternatives to adoption have been discussed with that person;
(iii) to confirm that that person understands that he may withdraw his consent at any time before an order is made;
(d) to confirm that each parent or guardian of the child who can be found is aware that he may apply to the court for—
(i) variation of the ancillary provisions in the permanence order under section 92 of the 2007 Act; and
(ii) revocation of a permanence order under section 98 of the 2007 Act,
and of the appropriate procedure for these applications.
(e) to report in writing on the matters mentioned in subparagraphs (a) to (d) to the court within 4 weeks from date of interlocutor appointing the reporting officer, or within such other period as the court may allow.
(2) References in paragraph (1) to “consent” are to consent within the meaning of section 83(1)(c), 84(1) or 93(3) of the 2007 Act as the case may be.
(3) A curator ad litem appointed under this Part must—
(a) have regard to safeguarding the interests of the child as his paramount duty;
(b) inquire, so far as he considers necessary into the facts and circumstances stated in the petition or minute, as the case may be, and in any report lodged under rule 31(2)(b);
(c) where appropriate, establish the child’s religious persuasion, racial origin and cultural and linguistic background;
(d) where appropriate, establish whether the order is likely to safeguard and promote the welfare of the child throughout childhood;
(e) ascertain whether the child is subject to a supervision requirement under section 70 of the 1995 Act;
(f) ascertain from the child whether he wishes to express a view and, where the child indicates his wish to express a view, ascertain that view;
(g) ascertain the likely effect on the child of the making of the order;
(h) where appropriate, ascertain whether it would be better for the child that the order be made than that it should not be made;
(i) where appropriate, ascertain whether it would be better for the child if the court were to grant authority for the child to be adopted than if it were not to grant such authority;
(j) where appropriate, ascertain whether the child has been, or is likely to be, placed for adoption.
(4) Subject to paragraph (5) the curator ad litem must report in writing on the matters mentioned in paragraph (3) to the court within 4 weeks from the date of the interlocutor appointing the curator, or within such other period as the court may allow.
(5) Subject to any order made by the court under rule 67.40 the views of the child ascertained in terms of paragraph (3)(f) may, if the curator ad litem considers appropriate, be conveyed to the court orally.
67.39. 

(1) The consent of a parent or guardian required by section 83(1)(c) or 93(3) of the 2007 Act is to be in Form 67.39-A.
(2) The consent of the child required under section 84(1) of the 2007 Act is to be in Form 67.39-B.
(3) A form of consent mentioned in paragraph (1) or (2) must be witnessed—
(a) where it is executed in Scotland, by the reporting officer appointed under this Part;
(b) where it is executed outwith Scotland but within the United Kingdom, by a justice of the peace or commissioner for oaths; or
(c) where it is executed outwith the United Kingdom—
(i) if the person who executes the form is serving in Her Majesty’s forces, by an officer holding a commission in any of those forces; or
(ii) in any other case, by a British diplomatic or consular official or any person authorised to administer an oath or affirmation under the law of the place where the consent is executed.
67.40. 

(1) Where a child has indicated his wish to express his views the court, without prejudice to rule 67.38(3)(f)—
(a) may order such procedural steps to be taken as it considers appropriate to ascertain the views of that child; and
(b) must not make an order under this Part unless an opportunity has been given for the views of that child to be obtained or heard.
(2) Where the views of a child, whether obtained under this rule or under rule 67.38(2)(f), have been recorded in writing, the court may direct that such a written record is to—
(a) be sealed in a envelope marked “Views of the child – confidential”;
(b) be available to the court only;
(c) not be opened by any other person; and
(d) not form a borrowable part of the process.
67.41. 

(1) Where leave of the court is required under section 94(4) or 98(2)(b) of the 2007 Act before an application for variation or revocation of a permanence order may be made, the applicant must lodge along with the note a motion stating the grounds upon which leave is sought.
(2) A motion under paragraph (1) shall not be served or intimated unless the court otherwise directs.
(3) The court may hear the applicant on the motion and may grant or refuse it or make such other order in relation to it as it considers appropriate prior to determination.
(4) Where such motion is granted, a copy of the interlocutor shall be intimated along with the note of application.
67.42. 
Where an application under this Part is made in respect of a child whose case has been referred to a children’s hearing or who is subject to a supervision requirement under the 1995 Act, the Deputy Principal Clerk shall intimate the fact that the application has been made to the Principal Reporter.
67.43. 

(1) On receipt of a report from a children’s hearing under section 95(2) of the 2007 Act the Deputy Principal Clerk shall—
(a) lodge the report in the process of the application; and
(b) send a copy of the report together with a notice in Form 67.43-A to—
(i) the parties to the application;
(ii) any relevant person in relation to the child within the meaning given by section 93(2) of the 1995 Act; and
(iii) such other person as the court considers appropriate.
(2) Any person who receives notice under paragraph (1)(b) and who wishes to oppose the proposals of the children’s hearing must lodge a form of response in Form 67.43-B within 7 days of the date notice was given.
(3) Thereafter the court shall consider the report and any form of response lodged under paragraph (2) and decide whether to refer the child’s case to the Principal Reporter as mentioned in section 96(3) of the 2007 Act.
(4) Where the court decides to refer the child’s case to the Principal Reporter as mentioned in section 96(3) of the 2007 Act, the court shall pronounce an order to this effect which shall narrate in terms that the court is referring the child’s case to the Principal Reporter as mentioned in that provision.
(5) Where the court decides not to refer the child’s case to the Principal Reporter, it may nevertheless make such other order it considers appropriate for the expeditious progress of the case.
(6) In order to assist it to decide what to do under paragraph (3), the court may order the holding of a hearing.
(7) If the court so decides, it shall fix a date for the hearing which shall be not more than 7 days after the date of the order.
(8) The Deputy Principal Clerk of Session shall intimate any hearing under paragraph (6) to—
(a) the parties to the application;
(b) any person who lodged a form of response under paragraph (2);
(c) any relevant person in relation to the child within the meaning given by section 93(2) of the 1995 Act; and
(d) such other person as the court considers appropriate.
(9) The court may allow a continuation of a hearing under paragraph (6) on two occasions only, each for a period not exceeding 14 days.
(10) After the court has made its decision under paragraph (3), the Deputy Principal Clerk of Session shall send a notice in Form 67.43-C to the Principal Reporter.
67.44. 

(1) An application for an interim order under section 97 of the 2007 Act is to be made by motion.
CHAPTER 68
68.1 

(1) This Chapter applies to an application or appeal under the Solicitors (Scotland) Act 1980.
(2) In this Chapter–
 “the Act of 1980” means the Solicitors (Scotland) Act 1980;
 “the Council” means the Council of the Law Society of Scotland;
 “the Discipline Tribunal” means the tribunal constituted under section 50 of the Act of 1980.
68.2 

(1) Except in the case of an application under paragraph 20 of Schedule 4 to the Act of 1980 (which shall be made by letter to the Deputy Principal Clerk), an application or appeal under the Act of 1980 shall be made by petition.
(2) An appeal under any of the following provisions of the Act of 1980 shall specify the date on which the decision appealed against was intimated to the petitioner:–
(a) section 16(2) (appeal in respect of issue of practising certificate);
(b) section 39A(8) (appeal against withdrawal of practising certificate);
(c) section 40(3) (appeal against decision to withdraw practising certificate or to refuse to terminate suspension);
(d) section 54(1) (appeal against decision of tribunal relating to discipline); and
(e) paragraph 3 of Schedule 2 (appeal in respect of restoration to roll of solicitors).
(3) An application under paragraph 5(4) of Schedule 3 to the Act of 1980 (application for order for return of documents) shall specify the date on which the notice was served on the petitioner.
(4) An application under section 54(2) of the Act of 1980 (application to vary or quash direction of the tribunal) shall specify the date on which the decision containing the direction or order was intimated to the petitioner.
68.3 

(1) An application under section 57(2) of the Act of 1980 (application for admission as notary public) shall be made by either the Council on behalf of named persons seeking appointment as notaries public or the person seeking appointment as a notary public.
(2) The Council shall–
(a) nominate authorised representatives to administer the oath of the office of notary public;
(b) issue all commissions as notary public;
(c) keep the register of notaries public; and
(d) on request by a notary public, and on payment of such reasonable fee as the Council may impose, supply him with a duly certified and docquetted protocol book of ninety one folios.
68.4 

(1) A petition to which this Chapter applies shall be brought before a Division of the Inner House in chambers, and the Division may, without hearing parties and subject to the following paragraphs, make such order for intimation and service as it thinks fit.
(2) In a cause under any of the following provisions of the Act of 1980, the court shall order service of the petition on the Council:–
(a) section 16(1) (application following refusal of practising certificate to body corporate);
(b) section 19(8) (appeal in respect of decision of Council in relation to suspension);
(c) section 39A(8) (appeal against withdrawal of practising certificate);
(d) section 40(3) (appeal against decision to withdraw practising certificate or to refuse to terminate suspension); and
(e) paragraph 5(4) of Schedule 3 (application for order for return of documents).
(3) In an appeal under section 54(1) (appeal against decision of tribunal relating to discipline), or in an application under section 54(2) (application to vary or quash direction of the tribunal), of the Act of 1980, the court shall–
(a) order service on the Discipline Tribunal and the Law Society of Scotland; and
(b) ordain the Discipline Tribunal to lodge in process within the period for lodging answers–
(i) the decision of the Discipline Tribunal in respect of which the appeal or application is made; and
(ii) if available, the notes of evidence adduced before the Discipline Tribunal.
(4) In an application under any of the following provisions of the Act of 1980, the court shall order service of the petition on the respondent:–
(a) section 41 (application for appointment of judicial factor);
(b) paragraph 5(1) of Schedule 3 (application for order to produce documents); and
(c) paragraph 12 of Schedule 4 (petition to cite witnesses for recovery of evidence).
(5) In an application under section 55(3) of the Act of 1980 (application for restoration to roll of solicitors), the court shall order service on the Discipline Tribunal and the Council.
68.5 
The court shall, after an order for intimation and service under rule 68.4, proceed on the petition summarily in such manner as it thinks fit.
68.6 
In an appeal under section 54(1) of the Act of 1980 (appeal against decision of tribunal relating to discipline)–
(a) the court may substitute any other punishment for that imposed by the decision appealed against, or make any order in relation to it which it thinks fit;
(b) where the petitioner is a person or one of the persons who complained of the alleged professional misconduct of the solicitor, the court may order that person to give security for expenses (including the cost of extending the notes of evidence adduced before the Discipline Tribunal) as a condition of proceeding with the petition.
68.7 

(1) In an application or appeal under the Act of 1980, the court may remit to any person to make further inquiry into the facts, or to take further evidence and to report to the Court.
(2) On completion of a report made under paragraph (1), the person to whom the remit was made shall send his report and three copies of it, and a copy of it for each party, to the Deputy Principal Clerk.
(3) On receipt of such a report, the Deputy Principal Clerk shall–
(a) cause the report to be lodged in process; and
(b) give written intimation to each party that this has been done and that he may uplift a copy of the report from process.
(4) After the lodging of such a report, any party may apply by motion for an order in respect of the report or for further procedure.
CHAPTER 69
69.1 
In this Chapter–
 “the Act of 1983” means the Representation of the People Act 1983;
 “the 2004 Regulations” means the European Parliamentary Elections Regulations 2004
 “election court” has the meaning assigned in section 123 of the Act of 1983;
 “election petition” means a petition presented under—
(a) section 121 of the Act of 1983 (whether or not the petition also includes any application under section 167 of the Act of 1983);
(b) section 121 of the Act of 1983 as applied and modified by article 84 of, and Schedule 6 to, the Scottish Parliament (Elections etc.) Order 2010 (whether or not the petition also includes any application under section 167 of the Act of 1983, as so applied and modified); or
(c) regulation 89 of the European Parliamentary Elections Regulations 2004 (whether or not the petition also includes any application under regulation 108 of those Regulations).
 “region” means a region for the purposes of the Scotland Act 1998; and any reference in this Chapter to a constituency shall be construed as a reference to a constituency for the purposes of the said Act of 1998 where it is used in relation to a Scottish parliamentary election;
 “Scottish parliamentary election” means an election for membership of the Scottish Parliament.
69.2 

(1) An election petition shall be in Form 69.2.
(2) Such a petition shall–
(a) specify the name, designation and address of–
(i) each petitioner, and
(ii) each person referred to as, or deemed to be, the respondent by virtue of section 121(2) of the Act of 1983 or regulation 89(2) of the 2004 Regulations, as the case may be; and
(b) set out in numbered paragraphs–
(i) the title of the petitioner under section 121(1) of the Act of 1983 or regulation 89(1) of the 2004 Regulations  to present the petition;
(ii) the proceedings at, and the result of, the election; and
(iii) the facts relied on in support of the prayer of the petition.
69.3 
The election petition shall be lodged in the Petition Department with–
(a) a process;
(b) six copies of the petition; and
(c) a letter signed by or on behalf of the petitioner–
(i) giving the name and address of a solicitor whom he authorises to act on his behalf or stating that he acts for himself, as the case may be; and
(ii) specifying an address within Scotland at which notices addressed to him may be delivered.
69.4 

(1) On presentation of an election petition, the petitioner shall apply by motion for–
(a) an order for intimation and service of the petition within such period as the court thinks fit after the giving of security,
(b) for an order for the respondent to lodge any objections in writing under section 136(4) of the Act of 1983or regulation 94(4) of the 2004 Regulations  (objections to form of security) within such period as the court thinks fit, and
(c) the fixing of the amount of security for expenses;
and the petition shall be placed forthwith before the Lord Ordinary or the vacation judge, in court or in chambers, who shall fix the security to be given.
(2) A motion under paragraph (1) shall not be intimated to any person.
(3) Where the security to be given by the petitioner under section 136 of the Act of 1983 or regulation 94 of the 2004 Regulations  is given in whole or in part by bond of caution, the bond shall be in Form 69.4.
69.5 

(1) On serving the election petition on the respondent under subsection (3) of section 136 of the Act of 1983 or regulation 94(3) of the 2004 Regulations, the petitioner shall intimate a copy of each of the documents mentioned in that subsection to —  
(a) the Lord Advocate ; and
(b) the Advocate General for Scotland
(2) The notice of presentation of the petition mentioned in section 136(3) of the Act of 1983or regulation 94(3) of the 2004 Regulations  shall be in Form 69.5.
(3) Within 5 days after serving the petition under section 136 of the Act of 1983 or regulation 94 of the 2004 Regulations, the petitioner shall lodge in process an execution copy of the election petition containing the certificate of service and a copy of the notice mentioned in that subsection which was served on the respondent.
(4) Where the court makes an order for intimation and service of an election petition, the Deputy Principal Clerk shall send a copy of the petition to the Electoral Commission.
69.6 

(1) Where the respondent makes an objection under section 136(4) of the Act of 1983 or regulation 94(4) of the 2004 Regulations  (objection to form of security), he shall–
(a) set out in writing the grounds of the objection;
(b) lodge the objection in process; and
(c) intimate a copy of the objection to the petitioner.
(2) As soon as possible after the lodging of an objection under paragraph (1), the Keeper of the Rolls shall–
(a) fix a diet for a hearing on the objections before one of the judges on the rota for the trial of election petitions or the vacation judge; and
(b) give written intimation of the time and place of the diet to the parties.
(3) The period within which the petitioner may, under section 136(7) of the Act of 1983or regulation 94(6) of the 2004 Regulations, remove the objection shall be such period from the date of the decision on the objection as the court thinks fit.
69.7 
If no security is given, or an objection to a security is allowed and not removed, the respondent may apply by motion to have the prayer of the petition refused.
69.8 

(1) In preparing the list of election petitions in terms of section 138(1) of the Act of 1983, the Deputy Principal Clerk shall insert the names of the solicitors, if any, acting for the petitioner and respondent, and the addresses, if any, to which any notices may be sent.
(2) The list of election petitions may be inspected in the Petition Department at any time during its normal office hours.
69.9 

(1) The time and place of the trial of an election petition shall be fixed by the Keeper of the Rolls, who shall give written intimation of the date of the trial by post to–
(a) the parties;
(b) the Lord Advocate;
(ba) the Advocate General for Scotland;
(c) the returning officer for the relevant constituency or as the case may be, region; and
(d) the House of Commons shorthand writer.
(2) On receipt of intimation given under paragraph (1), the returning officer shall forthwith publish the date of the diet of trial in the constituency or as the case may be, region  to which it relates.
69.10 

(1) The election court or any of the judges on the rota for the trial of election petitions, may, at its or his own instance or on the motion of a party, postpone the trial of a petition to such day as may be specified.
(2) Written intimation of such postponement shall be given by the Keeper of the Rolls to the returning officer who shall forthwith publish the postponement and its new date in the constituency or as the case may be, region.
69.11 

(1) Where a petitioner claims the seat for an unsuccessful candidate, alleging that he had a majority of lawful votes, the party complaining of, and the party defending, the return, not less than 6 days before the date of the trial, shall each–
(a) lodge in process a list of the voters intended to be objected to, and of the objections to each voter; and
(b) intimate a copy of that list to–
(i) every other party; and
(ii) the Lord Advocate; and
(iii) the Advocate General for Scotland.
(2) No evidence shall be allowed to be given against any vote or in support of any objection which is not specified in the list, except by leave of the election court or, on a motion heard before the date of the trial, of any of the judges on the rota for the trial of election petitions, on such terms as to amendment of the list, postponement of the trial and payment of expenses as may be ordered.
69.12 

(1) Where the respondent intends to give evidence permitted under section 139(5) of the Act of 1983 or regulation 96(4) of the 2004 Regulations  (evidence to prove person not duly elected), he shall, not less than 6 days before the date of the trial–
(a) lodge in process a list of the objections to the election on which he intends to rely; and
(b) intimate a copy of that list to–
(i) every other party; and
(ii) the Lord Advocate;and
(iii) the Advocate General for Scotland.
(2) No evidence shall be allowed to be given on behalf of the respondent in support of any objection to the return not specified in the list, except with leave of the election court or, on a motion heard before the date of the trial, of any of the judges on the rota for the trial of election petitions, on such terms as to amendment of the list, postponement of the trial and payment of expenses as may be ordered.
69.13 

(1) Subject to paragraph (2), any party shall, not less than 6 days before the date of the trial, lodge in process a statement of the matters on which he intends to lead evidence.
(2) Before lodging such a statement in process, the party proposing to lodge it shall intimate a copy of the statement to—
(a) every other party; and
(b) the Lord Advocate; and
(c) the Advocate General for Scotland.
69.14 

(1) No evidence shall be led at the trial of an election petition other than matters contained in—
(a) the list lodged under rule 69.11 (procedure where seat claimed) or 69.12 (evidence under section 139(5) of the Act of 1983),
(b) the statement lodged under rule 69.13 (statement of evidence to be led), or
(c) matters which have been sufficiently set out in the petition,
except with the leave of the election court or one of the judges on the rota for the trial of election petitions, on such conditions as to postponement of the trial, payment of expenses or otherwise, as may be ordered.
(2) The admissibility of any evidence sought to be led on the matters referred to in paragraph (1) shall be within the discretion of the election court.
69.15 
The warrant for the citation of a witness to the trial of an election petition shall be granted on the motion of any party and shall be in Form 69.15.
69.16 
At an election court held for the trial of an election petition, a clerk of session nominated by the Principal Clerk and appointed by the court shall discharge the duties of clerk of court of the election court.
69.17 

(1) The prescribed officer for the purposes of section 143(1) of the Act of 1983 or regulation 99(1) of the 2004 Regulations  shall be the clerk of session appointed to act as clerk of court under rule 69.16.
(2) The expenses of a witness permitted under section 143(1) of the Act of 1983 or regulation 99(1) of the 2004 Regulations  shall be ascertained by the clerk of court.
(3) The expenses allowed under section 143(1) of the Act of 1983 or regulation 99(1) of the 2004 Regulations  shall, in the first instance, be paid by the party adducing that witness.
69.18 
An application under section 146(1) of the Act of 1983   or regulation 101(1) of the 2004 Regulations  for a special case, shall be made by motion to the Inner House or the vacation judge.
69.19 

(1) A notice of intention to withdraw an election petition under section 147(2) of the Act of 1983  or regulation 102(2) of the 2004 Regulations shall be in Form 69.19–A.
(2) A copy of such notice shall be intimated by the petitioners to–
(a) the respondent;
(b) the Lord Advocate;
(ba) the Advocate General for Scotland;
(c) the returning officer for the relevant constituency or as the case may be, region; and
(d) the Deputy Principal Clerk.
(3) On receipt of a notice under paragraph (2), the returning officer shall publish it in the constituency or as the case may be, region  to which it relates.
(4) An application for leave to withdraw an election petition shall–
(a) be in Form 69.19–B;
(b) state the ground on which the application to withdraw is made;
(c) be signed by the person making the application and by the consenters, if any, or by their respective solicitors; and
(d) be lodged in the process of the election petition.
69.20 

(1) A person who seeks to apply under section 150(1) of the Act of 1983 to be substituted as a petitioner, shall, within 5 days after the date on which the notice of intention to withdraw has been given under section 147(2) of the Act of 1983 and rule 69.19 (applications for leave to withdraw election petitions), give notice in writing signed by him or on his behalf to the Deputy Principal Clerk of his intention to apply, at the hearing of the application for leave to withdraw, to be substituted as the petitioner.
(2) A copy of the notice given under paragraph (1) shall be intimated by the applicant to–
(a) the respondent;
(b) the Lord Advocate; and
(ba) the Advocate General for Scotland;
(c) the returning officer for the relevant constituency.
(3) Any informality in such a notice shall not defeat an application to be substituted as the petitioner if it is made at the hearing of the application to withdraw, subject to such order as to postponement of that hearing and expenses as the election court thinks fit.
69.21 

(1) Subject to paragraph (2), the time and place for hearing an application for leave to withdraw an election petition shall be fixed by one of the judges on the rota for the trial of election petitions or by the vacation judge, who shall hear and determine the application unless he considers that the application should be determined by the Inner House.
(2) The time fixed under paragraph (1) shall not be earlier than 7 days after the expiry of the period specified in rule 69.20.
(3) The Keeper of the Rolls shall give written intimation of the diet fixed under paragraph (1) to–
(a) the petitioner;
(b) the respondent;
(c) the Lord Advocate;
(ca) the Advocate General for Scotland;
(d) the returning officer for the relevant constituency; and
(e) to any person who has given notice under rule 69.20 of his intention to apply to be substituted as the petitioner.
69.22 

(1) The period within which security shall be given on behalf of a substituted petitioner before he proceeds with the petition shall be 5 days after the order of substitution.
(2) The substituted petitioner shall lodge the letter referred to in rule 69.3(c) (name and address of solicitor etc.) within 5 days after the order of substitution.
69.23 

(1) In the event of the death of the petitioner or the surviving petitioner, the notice for the purpose of section 152(3) of the Act of 1983 (notice of abatement of petition by death) shall be intimated in Form 69.23 by the solicitor acting for the petitioner, the respondent, the returning officer or any other person interested to whose knowledge the death of the petitioner shall come, to, as the case may be–
(a) the respondent;
(b) the Lord Advocate;
(ba) the Advocate General for Scotland;
(c) the returning officer for the relevant constituency or as the case may be, region; and
(d) the Deputy Principal Clerk.
(2) The returning officer shall, on receipt of such a notice, or, where he is giving notice under paragraph (1), on intimating such notice to those persons mentioned in that paragraph, publish the notice in the constituency or as the case may be, region  to which it relates.
69.24 

(1) An application to be substituted as a petitioner on the death of the petitioner or surviving petitioner shall be made by motion within 5 days after the publication of the notice.
(2) A motion under paragraph (1) shall be intimated to–
(a) the respondent;
(b) the Lord Advocate; and
(ba) the Advocate General for Scotland;
(c) the returning officer for the relevant constituency or as the case may be, region  where he is not a respondent.
69.25 

(1) A notice, for the purposes of section 153(1) of the Act of 1983, by a respondent other than a returning officer, that he does not intend to oppose an election petition shall be–
(a) signed by him; and
(b) lodged in process not less than 6 days before the date of the trial.
(2) Where a respondent lodges a notice under paragraph (1), he shall forthwith intimate a copy of it to–
(a) the petitioner;
(b) any other respondent;
(c) the Lord Advocate; and
(ca) the Advocate General for Scotland;
(d) the returning officer for the relevant constituency.
(3) On receipt of a notice under paragraph (1), the returning officer shall publish it in the constituency to which it relates.
69.26 

(1) Where, for the purposes of section 153(1) of the Act of 1983–
(a) a respondent other than a returning officer dies,
(b) in the case of a parliamentary election, a respondent other than a returning officer is summoned to Parliament as a Peer of Great Britain, ...
(c) a respondent other than a returning officer has vacated his seat following a resolution by the House of Commons, or
(d) a respondent resigns or otherwise ceases to be a member of the Scottish Parliament,
the agent for the respondent shall give notice of that fact in the constituency to which the election petition relates.
(2) Such a notice shall be published in at least one newspaper circulating in the constituency, and by intimating a copy of the notice, signed by him to–
(a) the petitioner;
(b) any other respondent;
(c) the Lord Advocate;
(ca) the Advocate General for Scotland;
(d) the returning officer for the relevant constituency; and
(e) the Deputy Principal Clerk.
69.27 
The period of time within which a person may apply to be admitted as a respondent under section 153 of the Act of 1983 shall be–
(a) 5 days after the notice is intimated under rule 69.25 (notice that respondent does not oppose);
(b) 10 days after the notice is intimated under rule 69.26  (death, peerage or resignation of respondent); or
(c) such other period as the court thinks fit.
69.28 
Where any expenses are awarded by the election court in the course of proceedings under the Act of 1983 or the 2004 Regulations, such an award shall be deemed equivalent to a finding of expenses in the Court of Session.
69.29 

(1) Subject to any other provision in this Chapter or the Act of 1983, all applications shall be dealt with by motion.
(2) Subject to the provisions of this Chapter, Chapter 23 (motions) shall apply to a motion in an election petition.
(3) A motion in an election petition shall be intimated to–
(a) the Lord Advocate; and
(aa) the Advocate General for Scotland;
(b) the returning officer for the relevant constituency or as the case may be, region.
69.30 
All applications to the court in an election petition other than a motion under rule 69.4(1) (security for expenses) shall be intimated to —
(a) the Lord Advocate; and  
(b) the Advocate General for Scotland;and the Lord Advocate and the Advocate General for Scotland  shall be entitled to appear or be represented at the hearing of that application.
69.31 

(1) Where a returning officer publishes a notice in accordance with a provision in this Chapter or an order of the election court, he shall forthwith send to the Deputy Principal Clerk a letter–
(a) certifying that the appropriate notice has been published; and
(b) detailing the manner in which the publication has been made.
(2) Where publication has been made by inserting a notice in a newspaper or other publication, the letter under paragraph (1) shall be accompanied by–
(a) a copy of the newspaper or other publication containing the notice; or
(b) a certificate of publication by the publisher stating the date of publication and the text of the notice.
CHAPTER 70
PART I
70.1 
In this Chapter–
 “the Act of 1985” means the Child Abduction and Custody Act 1985;
 “the European Convention” means the convention defined in section 12(1) of the Act of 1985 and as set out in Schedule 2 to the Act of 1985;
 “the Hague Convention” means the convention defined in section 1(1) of the Act of 1985 and as set out in Schedule 1 to the Act of 1985;
 “relevant authority” means–
(a) in the United Kingdom, a sheriff court, a children’s hearing within the meaning of Part III of the Social Work (Scotland) Act 1968, the High Court, a county court or magistrates' court in England and Wales, the High Court, a county court or magistrates' court in Northern Ireland, or the Secretary of State, as the case may be; or
(b) in a relevant territory, the appropriate authority or court within that territory;
 “relevant territory” means a territory outside the United Kingdom to which the Act of 1985 extends by virtue of an Order in Council made under section 28(1) of that Act or in relation to which provision is made by an Order in Council under section 28(2) of that Act.
70.2 
Where any document lodged in process in a cause to which this Chapter applies is in a language other than English, there shall be lodged with that document a translation into English certified as correct by the translator; and the certificate shall include his full name, address and qualifications.
70.3 

(1) An application for a certified copy or extract of a decree or any other interlocutor relating to a child, in respect of whom the applicant wishes to apply under the Hague Convention or the European Convention in another Contracting State, shall be made by letter to the Deputy Principal Clerk.
(2) A certified copy or extract issued on an application under paragraph (1) shall be supplied free of charge.
70.4 
Where the court pronounces an interlocutor under section 24A of the Act of 1985 (order to a person to disclose information to the court as to a child’s whereabouts), it may order that person to apear before it or to lodge an affidavit.
PART II
70.5 

(1) Subject to rule 70.16 (warrant for intimation on a child), an application for the return of a child  under the Hague Convention shall be made by petition and–
(a) shall include averments in relation to–
(i) the identity of the petitioner and the person alleged to have removed or retained the child;
(ii) the identity of the child and his date of birth;
(iii) the whereabouts or suspected whereabouts of the child;
(iv) the date on which the child is alleged to have been wrongfully removed or retained;
(v) the grounds on which the petition is based; and
(vi) any civil cause in dependence before any other court or authority in respect of the child, or any proceedings mentioned in section 9 of the Act of 1985 relating to the merits of the rights of custody of the child in or before a relevant authority; ...
(b) there shall be produced with the petition and lodged as a production a certified or authorised copy of any relevant decision or agreement; and
(c) there shall be lodged with the petition the evidence by affidavits of any witnesses and any documentary evidence, whether originals or copies initially, in support of the petition.
(2) An application for  organising or protecting rights of access granted by any court of a contracting party to the Hague Convention, or for securing respect for the conditions to which the exercise of such rights of access is subject  shall be made by petition and–
(a) shall include averments in relation to–
(i) the identity of the petitioner;
(ii) the identity of the child and his date of birth;
(iii) the parents or guardians of the child;
(iv) the whereabouts of the child;
(v) the factual and legal grounds on which access is sought; and
(vi) any civil cause in dependence before any other court or authority in respect of the child, or any proceedings mentioned in section 9 of the Act of 1985 relating to the merits of the rights of custody of the child in or before a relevant authority; ...
(b) there shall be produced with the petition and lodged as a production a certified copy of any relevant decision or agreement; and
(c) there shall be lodged with the petition the evidence by affidavits of any witnesses and any documentary evidence, whether originals or copies initially, in support of the petition.
(3) An application under section 8 of the Act of 1985 (application for declarator that removal or retention of child was wrongful) shall be made by petition and–
(a) shall include averments in relation to–
(i) the identity of the petitioner and of the person who is alleged to have removed or retained the child;
(ii) the identity of the child and his date of birth;
(iii) the whereabouts or suspected whereabouts of the child;
(iv) the date on which the child is alleged to have been wrongfully removed or retained;
(v) the proceedings which gave custody to the petitioner; and
(vi) the proceedings under the Hague Convention in relation to which the petition is necessary; ...
(b) there shall be produced with the petition any relevant document; and
(c) there shall be lodged with the petition the evidence by affidavits of any witnesses and any documentary evidence, whether originals or copies initially, in support of the petition.
70.6 

(1) Subject to rule 14.6(2), the period of notice for lodging answers to a petition to which rule 70.5 applies shall be 4 days.
(2) Subject to rule 70.16 (intimation of notice on child), such a petition, and a copy of any affidavit and documentary evidence lodged with it,  shall be served on–
(a) the person alleged to have brought the child into the United Kingdom;
(b) the person with whom the child is presumed to be;
(c) any parent or guardian of the child if he or she is within the United Kingdom, or a  relevant territory  and not otherwise a party;
(d) the chief executive of the local authority, and  for the area in which the child resides and the Principal Reporter; and
(e) any other person who may have an interest in the child.
(3) The first order under rule 14.5 (first order in petitions) in a petition to which rule 70.5 applies shall specify a date within 7 days after the expiry of the period of notice for a first  hearing to determine the further progress of the petition.
(4) A respondent shall lodge in process, and send a copy to the petitioner of, the evidence by affidavits of any witnesses and any documentary evidence, whether originals or copies initially, in support of his answers to the petition at least 3 days before the first hearing fixed under paragraph (3).
(5) Subject to rule 70.17 (views of the child), at the first hearing  fixed under paragraph (3), the court—
(a) shall determine to what extent, if any, further evidence by affidavit is required, by whom and in regard to what matters, and by what date any such affidavit should be lodged;
(b) may, on special cause shown, direct that a particular matter should be the subject of oral evidence in lieu of further, or in addition to, affidavit evidence and by what means such evidence shall be taken; and
(c) may, if no further evidence is required, determine the petition at the first hearing or, if further evidence is required, shall give directions as to the period within which a second hearing shall be held to determine the petition.
70.7 

(1) Where a petition is presented under paragraph (1) of rule 70.5 and there are proceedings mentioned in section 9 of the Act of 1985 relating to the merits of the rights of custody of the child depending in or before a relevant authority, the court shall give written intimation of the petition and, in due course of the outcome of the petition, to that relevant authority.
(2) Where the court receives a notice equivalent to that under paragraph (1) from a relevant authority, all proceedings in any cause mentioned in section 9 of the Act of 1985 relating to the merits of the rights of custody of the child shall be sisted by the court until the dismissal of the proceedings in that other court under the Hague Convention; and the Deputy Principal Clerk shall give written intimation to each party of the sist and of any such dismissal.
70.8 

(1) At any stage of a cause mentioned in paragraph (1) of rule 70.5, the court may, at its own instance or on the motion of any party, pronounce an interlocutor transmitting the cause to the High Court in England and Wales or Northern Ireland, or the appropriate court of a  relevant territory, as the case may be.
(2) Where a cause is transferred under paragraph (1), the Deputy Principal Clerk shall–
(a) transmit the process to the appropriate officer of the High Court in England and Wales or Northern Ireland, or the appropriate court of a  relevant territory, as the case may be;
(b) give written intimation of such transfer to each party; and
(c) certify on the interlocutor sheet that such written intimation has been given.
(3) Where a cause is transferred under paragraph (1), the question of expenses shall not be determined by the court, but shall be at the discretion of the court to which the cause is transferred.
(4) Where such a cause is transferred to the court from the High Court in England and Wales or Northern Ireland, or the appropriate court of a  relevant territory–
(a) the Deputy Principal Clerk shall, on receipt of the order transferring the cause and any documents in the cause, give written intimation to each party of the transfer;
(b) the cause shall be deemed to have been commenced by petition; and
(c) the Deputy Principal Clerk shall, within two sederunt days of the receipt of it, cause it to be put out on the By Order Roll before the Lord Ordinary.
PART III
70.9 

(1) An application under any of the following provisions shall be made by petition:–
(a) section 15 of the Act of 1985 (application to declare a decree for custody not to be recognised);
(b) section 16 of the Act of 1985 (application for registration of custody decision); and
(c) section 18 of the Act of 1985 (application for enforcement of custody decision).
(2) An application under section 17(4) of the Act of 1985 (application for variation or revocation of registered decision), shall be made by note in the process of the petition for registration.
(3) An application under section 23(2) of the Act of 1985 (application in custody proceedings for declarator that removal of a child was unlawful), shall be made–
(a) by minute in the process of a cause depending before the court commenced by summons; or
(b) by note in the process of a cause depending before the court commenced by petition.
(4) In an application mentioned in this rule–
(a) the petition, minute or note, as the case may be, shall include averments in relation to–
(i) the identity of the petitioner, minuter or noter, as the case may be, and his interest in the cause;
(ii) the identity of the child and his date of birth;
(iii) the parents or guardians of the child;
(iv) the order which is required to be registered, enforced, declared unlawful, declared not recognised, varied or revoked, as the case may be;
(v) the whereabouts or suspected whereabouts of the child; and
(vi) any civil cause in dependence before any other court or authority in respect of the child, or any proceedings specified in section 20(2) of the Act of 1985 in dependence in or before a relevant authority;...
(b) there shall be produced with the petition, minute or note, as the case may be–
(i) a certified or authorised copy of any decision to be registered or enforced;
(ii) where a decision to be registered was given in the absence of the person against whom the decision was made or in the absence of his legal representative, a document which establishes (subject to Article 9(1)(a) of the European Convention) that that person was duly served with the document which instituted the original proceedings;
(iii) a certificate or affidavit to the effect that any decision to be registered is enforceable in accordance with the law of the State in which the decision was made; and
(iv) any other relevant document; and
(c) there shall be lodged with the petition, minute or note, as the case may be, the evidence by affidavits of any witnesses and any documentary evidence, whether originals or copies initially, in support of the petition, minute or note.
70.10 

(1) Subject to rule 14.6(2), the period of notice for lodging answers in a petition to which rule 70.9 applies shall be 4 days.
(2) Such a petition , and a copy of any affidavit and documentary evidence lodged with it, shall be served on–
(a) the person alleged to have brought the child into, or removed the child from, the United Kingdom, or a  relevant territory, as the case may be;
(b) the person with whom the child is presumed to be in the United Kingdom or a relevant territory;
(c) the mother and father of the child if he or she is within the United Kingdom, or a relevant territory, and not otherwise a party;
(d) the chief executive of the local authority, and  for the area in which the child resides and the Principal Reporter; and
(e) any other person who may have an interest in the child.
(3) The first order under rule 14.5 (first order in petitions) in a petition to which rule 70.9 applies shall specify a date within 7 days after the expiry of the period of notice for a  first hearing to determine the further progress of the petition.
(4) A respondent shall lodge in process, and send a copy to the petitioner of, the evidence by affidavits of any witnesses and any documentary evidence, whether originals or copies initially, in support of his answers to the petition to which rule 70.9 applies at least 3 days before the first hearing fixed under paragraph (3).
(5) At the first hearing fixed under paragraph (3), the court—
(a) shall determine to what extent, if any, further evidence by affidavit is required, by whom and in regard to what matters, and by what date any such affidavit should be lodged;
(b) may, on special cause shown, direct that a particular matter should be the subject of oral evidence in lieu of further, or in addition to, affidavit evidence and by what means such evidence shall be taken; and
(c) may, if no further evidence is required, determine the petition at the first hearing or, if further evidence is required, shall give directions as to the period within which a second hearing shall be held to determine the petition.
70.11 
Where the court pronounces an interlocutor ordering registration under section 16 of the Act of 1985, the Deputy Principal Clerk shall record that interlocutor in a register of decisions pronounced under that Act.
70.12 

(1) Where a petition is presented under section 16 (application for registration and enforcement of custody decision), or section 18 (application for enforcement of a custody decision), of the Act of 1985 and there are proceedings⅔ mentioned in section 20(2) of that Act depending or such proceedings are commenced after the petition has been presented–
(a) the petitioner shall inform the court by including averments or lodging an affidavit, as the case may be, to that effect containing a concise statement of the nature of those proceedings; and
(b) the court shall give written intimation of the petition and, in due course of the outcome of the petition, to the relevant authority.
(2) Where the court receives a notice equivalent to that under paragraph (1)(b) from the High Court in England and Wales or Northern Ireland, or the appropriate court of a  relevant  territory, the Deputy Principal Clerk shall give written intimation to each party to any cause which is one mentioned in section 20(2) of the Act of 1985.
70.13 

(1) At any stage of a cause mentioned in rule 70.9, the court may, at its own instance or on the motion of any party, pronounce an interlocutor transferring the cause to the High Court in England and Wales or Northern Ireland, or the appropriate court of a  relevant territory, as the case may be.
(2) Where a cause is transferred under paragraph (1), the Deputy Principal Clerk shall forthwith–
(a) transmit the process to the appropriate officer of the High Court in England and Wales or Northern Ireland, or the appropriate court of a  relevant territory, as the case may be;
(b) give written intimation of such transfer to each party; and
(c) certify on the interlocutor sheet that such written intimation has been given.
(3) Where a cause is transferred under paragraph (1), the question of expenses shall not be determined by the court, but shall be at the discretion of the court to which the case is transferred.
(4) Where such a cause is transferred to the court from the High Court in England and Wales or Northern Ireland, or the appropriate court of a  relevant territory–
(a) the Deputy Principal Clerk shall, on receipt of the order transferring the cause and any papers in the cause, give written intimation to the parties of the transfer;
(b) the cause shall be deemed to have been commenced by petition; and
(c) the Deputy Principal Clerk shall, within two days of the receipt of it, cause it to be put out on the By Order Roll before the Lord Ordinary.
70.14 

(1) Where a decision registered under section 16 of the Act of 1985 is varied or revoked by an authority in the Contracting State in which the decision was made, the court shall–
(a) on cancelling the registration of a decision which it has been notified has been revoked, give written intimation of that cancellation to–
(i) the person appearing to the court to have actual custody of the child;
(ii) the petitioner in the petition for registration; and
(iii) any other party to that petition; and
(b) on being notified of the variation of a decision, give written intimation to–
(i) the person having custody in fact of the child; and
(ii) any party to the petition for registration of the decision, of the variation.
(2) Any person to whom intimation of a variation has been given under paragraph (1)(b) may apply by note for the purpose of making representations before the registration is varied.
(3) An application under section 17(4) of the Act of 1985 (application to cancel or vary registration) shall be made by note.
PART  IV
70.15 

(1) This Part applies to petitions under rule 70.5(1) (applications for the return of a child) under the Hague Convention where the Council Regulation (E.C.) No. 2201/2003 of 27th November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility applies.
(2) In this Part—
 “the Council Regulation” means Council Regulation (E.C.) No. 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;
 “central authority” means a central authority designated under Article 53 of the Council Regulation;
 “the Hague Convention” means the Convention defined in section 1(1) of the Child Abduction and Custody Act 1985 and as set out in Schedule 1 to that Act;
 “Member State” has the same meaning as in Article 2(3) of the Council Regulation;
 “wrongful removal or retention” has the same meaning as in Article 2(11) of the Council Regulation.
70.16 

(1) In a petition under rule 70.5(1)(application for the return of a child) where the Council Regulation applies, the petitioner shall insert a warrant for intimation to the child to whom the petition relates, if not a party to the petition.
(2) Where paragraph (1) applies a copy of the petition shall not be intimated to the child but a notice of intimation in Form 49.8-N shall be intimated.
(3) Where a petitioner considers that a warrant for intimation to a child under paragraph (1) is inappropriate, he shall–
(a) apply by motion to dispense with intimation to that child; and
(b) include in the petition averments setting out the reasons why such intimation is inappropriate,
and the court may dispense with such intimation or make such other order as it thinks fit.
70.17 

(1) In an application under rule 70.5(1)(application for the return of a child) where the Council Regulation applies and the child has–
(a) returned Form 49.8-N (form of notice of intimation to a child), or
(b) otherwise indicated to the court a wish to express views on a matter affecting him,
the court shall not grant any order unless an opportunity has been given for the views of that child to be obtained or heard.
(2) Where a child has indicated his wish to express his views, the court shall order such steps to be taken as it considers appropriate to ascertain the views of that child.
(3) The court shall not grant an order in a petition under rule 70.5(1) (return of a child) affecting a child who has indicated his wish to express his views, unless due weight has been given by the court to the views expressed by that child, having regard to his age and maturity.
70.18 
In an application under rule 70.5(1) (application for the return of the child), where the Council Regulation applies, the court may allow a continuation of the hearing for a period not exceeding 7 days or to the first suitable court date thereafter but any further continuations shall only be allowed on special cause shown.
70.19 

(1) Any  hearing on an application for the return of a child under rule 70.5(1) and Article 12 of the Hague Convention, where the Council Regulation applies, shall be recorded by—
(a) a shorthand writer to whom the oath de fidelis administratione officii has been administered on his appointment as a shorthand writer in the Court of Session; or
(b) tape recording or other mechanical means approved by the Lord President.
(2) The record of the ... hearing shall include—
(a) any objection taken to a question or to the line of evidence;
(b) any submission made in relation to such an objection; and
(c) the ruling of the court in relation to the objection and submission.
(3) A transcript of the record of the  hearing  shall be made only where an order is made under Article 13 of the Hague Convention refusing to order the return of a child in an application where the Council Regulation applies.
(4) The transcript of the record of  the hearing  shall be certified as a faithful record of the  hearing  by–
(a) the shorthand writer or shorthand writers, if more than one, who recorded the hearing; or
(b) where the hearing was recorded by tape recording or other mechanical means, the person who transcribed the record.
(5) The court may make such alterations to the transcript of the record of the  hearing  as appear to it to be necessary after hearing parties; and, where such alterations are made, the Lord Ordinary shall authenticate the alterations.
70.20 
Where an order is made under Article 13 of the Hague Convention refusing to order the return of a child in an application under rule 70.5(1) where the Council Regulation applies, the Deputy Principal Clerk shall transmit a copy of the order and a transcript of the proceedings to the central authority of the Member State where the child was habitually resident immediately before the wrongful removal or retention.
CHAPTER 71
71.1 
In this Chapter–
 “the Act of 1986” means the Family Law Act 1986;
 “appropriate court” means the High Court in England and Wales or the High Court in Northern Ireland or, in relation to a specified dependent territory, the corresponding court in that territory, as the case may be;
 “Part I order” has the meaning assigned in section 32 of the Act of 1986;
 “proper officer” means the Secretary of the principal registry of the Family Division of the High Court in England and Wales or the Master (care and protection) of the High Court in Northern Ireland or, in relation to a specified dependent territory, the corresponding officer of the appropriate court in that territory, as the case may be;
 “register” means the  Part I orders  register kept under rule 71.2;
 “specified dependent territory” means a dependent territory specified in an Order in Council made under section 43 of the Act of 1986.
71.2 

(1) The Deputy Principal Clerk shall maintain a register to be called the  Part I orders  register for the purposes of Chapter V of Part I of the Act of 1986.
(2) In Part I of the register there shall be recorded applications for registration of a  Part I order  in another part of the United Kingdom; and in Part II of the register there shall be recorded Part I orders registered for enforcement in Scotland.
(3) The register may be inspected by–
(a) the person who applied for registration; and
(b) any other person who satisfies the Deputy Principal Clerk that he has an interest to do so.
71.3 

(1) An application under section 27 of the Act of 1986 to register a Part I order made by the Court of Session in an appropriate court shall be made by letter to the Deputy Principal Clerk.
(2) An application under paragraph (1) shall be accompanied by–
(a) a copy of the letter of application;
(b) an affidavit by the applicant;
(c) a copy of that affidavit;
(d) a certified copy of the interlocutor of the  Part I order;
(e) a certified copy of the interlocutor of any variation which is in force in respect of the Part I order; and
(f) any other document relevant to the application and a copy of it.
(3) An affidavit required under this rule shall set out–
(a) the name and address of the applicant and his right under the Part I order;
(b) the name and date of birth of the child in respect of whom the Part I order was made, the present whereabouts or suspected whereabouts of the child and the name of any person with whom he is alleged to be;
(c) the name and address of any other person who has an interest in the Part I order;
(d) whether the Part I order is to be registered in England and Wales, Northern Ireland or a specified dependent territory, and the court in which it is to be registered;
(e) whether the Part I order is in force;
(f) whether the Part I order is already registered and, if so, where it is registered; and
(g) details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the Part I order is to be registered.
(4) Where the Deputy Principal Clerk refuses to send an application under this rule to the appropriate court on the ground that the Part I order is no longer in force, he shall give written intimation to the applicant; and the applicant shall have the right to have the application brought before the Lord Ordinary for determination.
(5) The Deputy Principal Clerk shall retain the letter of application under this rule and any documents which accompany it and which are not transmitted to the appropriate court under section 27(3) of the Act of 1986.
71.4 

(1) Where the Deputy Principal Clerk is satisfied that the  Part I order  is in force, he shall send the documents mentioned in section 27(3) of the Act of 1986 to the proper officer of the court in which the Part I order is to be registered.
(2) For the purposes of section 27(3)(b) of the Act of 1986, the prescribed particulars of any variation which is in force in respect of a Part I order shall be a certified copy of the interlocutor of any such variation.
(3) On sending an application under paragraph (1), the Deputy Principal Clerk shall make an entry in Part I of the register recording the date and particulars of the application and the Part I order.
(4) On receiving notification from a proper officer of an appropriate court that the Part I order has been registered in that court under section 27(4) of the Act of 1986, the Deputy Principal Clerk shall record the date of registration in Part I of the register.
71.5 

(1) The prescribed officer under section 27(4) of the Act of 1986 shall be the Deputy Principal Clerk.
(2) Where the Deputy Principal Clerk receives a certified copy of a  Part I order  from a court for registration under section 27(4) of the Act of 1986, he shall enter the following particulars in Part II of the register:–
(a) the name and address of the applicant and his interest under the Part I order;
(b) a brief description of the nature of the Part I order, its date and the court which made it; and
(c) the name and whereabouts or suspected whereabouts of the child who is the subject of the Part I order, his date of birth and the date on which he will attain the age of 16 years.
(3) On registering the Part I order, the Deputy Principal Clerk shall–
(a) retain the application and the documents which accompanied it; and
(b) give written intimation to–
(i) the court from which he received the application, and
(ii) the applicant who applied for registration,
that the Part I order has been registered.
(4) Where the Deputy Principal Clerk gives written intimation to an applicant under paragraph (3), he shall state the date when the registration of the Part I order will automatically cease to have effect on the child attaining the age of 16 years.
71.6 

(1) Where the Court of Session revokes, recalls or varies a Part I order which it has made, the Deputy Principal Clerk, on being informed by the party who applied for the revocation, recall or variation that the Part I order has been registered in an appropriate court, shall–
(a) send a certified copy of the interlocutor of the revocation, recall or variation, as the case may be, to the proper officer of the court in which the  Part I order  is registered;
(b) record the transmission of the certified copy of that interlocutor in Part I of the register; and
(c) record the revocation, recall or variation, as the case may be, in Part I of the register.
(2) On receiving notification from the proper officer of the court in which the Part I order is registered that he has amended his record, the Deputy Principal Clerk shall record the fact that the amendment has been made in Part II of the register.
(3) Where the Deputy Principal Clerk receives a certified copy of an order which revokes, recalls or varies a Part I order registered in the Court of Session from an appropriate court, he shall–
(a) note the change and its date in Part II of the register; and
(b) give written intimation to–
(i) the court from which he received the certified copy of the order which revokes, recalls or varies, as the case may be, the Part I order,
(ii) the person who applied for registration of the Part I order, and
(iii) the person, if different, who applied for the revocation, recall or variation, as the case may be, of the Part I order,
that he has amended the register.
(4) An application to the Court of Session under section 28(2) of the Act of 1986 to cancel all or a part of the registration of a Part I order which it has registered shall be made by petition and shall be served on–
(a) the person who applied for registration, if he is not the petitioner; and
(b) any other interested person.
(5) Where, under section 28(2) of the Act of 1986, the court cancels all or a part of the registration of a Part I order which it has registered, the Deputy Principal Clerk shall–
(a) note the cancellation and its date in Part II of the register; and
(b) give written intimation to–
(i) the court which made the Part I order;
(ii) the person who applied for registration; and
(iii) the person, if different, who applied for cancellation of the Part I order.
71.7 

(1) An application under section 29(1) of the Act of 1986 to enforce a  Part I order  registered in the Court of Session shall be made by petition.
(2) Where the petitioner in an application under paragraph (1) is not the person who applied for registration of the Part I order, the petition shall be served on that person.
71.8 

(1) An application under section 30(1) of the Act of 1986 to sist enforcement proceedings, or under section 31(1) or (2) of the Act of 1986 to dismiss a petition for enforcement of a  Part I order, shall be made by lodging answers at any time in the process of the petition for enforcement; and the answers shall be served on every other party and, if he is not a party, the applicant for registration of the Part I order.
(2) An application under section 30(3) of the Act of 1986 (recall of sist of enforcement proceedings) shall be made by motion.
(3) Where the court pronounces an interlocutor under section 30(2) or (3) or section 31(3) of the Act of 1986, the Deputy Principal Clerk shall–
(a) make an entry in Part II of the register noting the terms of the interlocutor and the date; and
(b) give written intimation to–
(i) the person who applied for registration where he was not a party to the application under section 30(1) or section 31(1) or (2) of the Act of 1986; and
(ii) the court from which the application for registration was received,
of the terms of the interlocutor.
71.9 
Where the court makes an order under section 33(1) of the Act of 1986 (order on person to disclose information as to child’s whereabouts), it may ordain the person against whom the order was made to appear before it or to lodge an affidavit.
71.10 
An application by a person mentioned in section 35(4)(b) or (c) of the Act of 1986 for interdict or interim interdict under section 35(3) of the Act of 1986 (prohibition of removal of child from United Kingdom) shall be made–
(a) by note in the process of a petition depending before the court to which this Chapter applies; or
(b) where there is no such depending process, by petition.
CHAPTER 72
72.1 

(1) In this Chapter, “the Act of 1985” means the Bankruptcy (Scotland) Act 1985.
(2) Unless the context otherwise requires, words and expressions used in this Chapter which are also used in the Act of 1985 have the same meaning as in that Act.
72.2 

(1) An application under section 28A(2) of the Act of 1985 (replacement of trustee acting in more than one sequestration) shall include a list of the sequestrations to which the application relates.
(2) Where the court grants an application under section 28A(2) of the Act of 1985, the Accountant in Bankruptcy shall intimate a certified copy of the interlocutor of the court to–
(a) each sheriff who awarded sequestration or to whom the sequestration was transferred under section 15(2) of the Act of 1985 in the sequestrations to which the application relates; and
(b) any person appointed as the trustee under section 28A(2)(b)(i) of that Act.
(3) The court may make such other orders as it thinks fit for the intimation and advertisement of the appointment of a trustee under section 28A(2)(b) of the Act of 1985.
(4) For the purposes of paragraph (2), a certified copy interlocutor shall be taken to have been intimated to a sheriff where it is sent to the sheriff clerk of the court where the sheriff was sitting when he awarded the sequestration or when sequestration was transferred to him.
72.3 

(1) An application under section 63(3)(b) of the Act of 1985 (application for a direction to remit an application under section 63(1)) shall be made by petition.
(2) A copy of the application under section 63(1) of the Act of 1985 (application to sheriff to cure defects in procedure) certified by the sheriff clerk shall be lodged with any application under section 63(3)(b) of that Act.
(3) Where the court has determined an application under section 63(3)(b) of the Act of 1985, the applicant shall intimate a certified copy of the interlocutor of the court forthwith to–
(a) the sheriff clerk; and
(b) the Accountant in Bankruptcy.
(4) Where the court grants an application under section 63(3)(b) of the Act of 1985, the sheriff clerk shall, on receipt of a certified copy of the interlocutor of the court, transmit that application under section 63(1) of that Act, and those parts of the sequestration process in his custody, to the Deputy Principal Clerk.
(5) Where the court has determined the matters raised by the application under section 63(1) of the Act of 1985–
(a) the applicant under section 63(3)(b) of that Act shall intimate a certified copy of the interlocutor of the court forthwith to–
(i) the sheriff clerk; and
(ii) the Accountant in Bankruptcy; and
(b) the Deputy Principal Clerk shall transmit the parts of process transmitted to him under paragraph (4) to the sheriff clerk.
72.4 
The register of insolvencies maintained by the Accountant in Bankruptcy under section 1A(1)(b) of the Act of 1985 shall contain the information set out in Form 72.4.
CHAPTER 73
73.1 
This Chapter applies to an application under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (rectification of defectively expressed documents).
73.2 

(1) Subject to paragraph (2), an application to which this Chapter applies shall be made by petition.
(2) An application to which this Chapter applies may be made—
(a) in an action to which Chapter 47 (commercial actions) applies, by summons or by a conclusion ancillary to other conclusions in the summons or in a counterclaim; or
(b) in any other action, by a conclusion ancillary to other conclusions in a summons or in a counterclaim.
CHAPTER 74
PART I
74.1 

(1) This Chapter applies to causes under–
(a) the Insolvency Act 1986; and
(b) the Company Directors Disqualification Act 1986; and
(c) Chapter 3 of Part 3 of the Energy Act 2004; and
(d) Parts 2 or 3 of the Banking Act 2009.
(e) Chapter 5 of Part 2 of the Energy Act 2011
(2) In this Chapter–
 “the Act of 1986” means the Insolvency Act 1986;
 “the Act of 2004” means the Energy Act 2004;
 “the Act of 2009” means the Banking Act 2009;
 “the Act of 2011” means the Energy Act 2011
 “the Bank Administration Rules” means the Bank Administration (Scotland) Rules 2009;
 “the Bank Insolvency Rules” means the Bank Insolvency (Scotland) Rules 2009;
 “the Insolvency Rules” means the Insolvency (Scotland) Rules 1986;
 “the Investment Bank Regulations” means the Investment Bank Special Administration Regulations 2011;
 “the Investment Bank Rules” means the Investment Bank Special Administration (Scotland) Rules 2011;
 “the Energy Administration Rules” means the Energy Administration (Scotland) Rules 2006;
 “the 2013 Rules” means the Energy Supply Company Administration (Scotland) Rules 2013
 “the Council Regulation” means Council Regulation (E.C.) No. 1346/2000 of 29th May 2000 on insolvency proceedings as it may be amended from time to time;
 “centre of main interests” has the same meaning as in the Council Regulation;
 “establishment” has the same meaning as in Article 2(h) of the Council Regulation;
 “main proceedings” means proceedings opened in accordance with Article 3(1) of the Council Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Council Regulation and–
(a) in relation to England and Wales and Scotland, set out in Annex A to the Council Regulation under the heading “United Kingdom”; and
(b) in relation to another Member State, set out in Annex A to the Council Regulation under the heading relating to that Member State;
 “Member State” means a Member State of the  European Union  that has adopted the Council Regulation;
 “non GB company” shall have the meaning assigned in section 171 of the Act of 2004;
 “registered office” means–
(i) the place specified in the statement of the company delivered to the register of companies under  section 9 of the Companies Act 2006  as the intended place of its registered office on incorporation, or
(ii) where notice has been given by the company to the registrar of companies under  section 87 of the Companies Act 2006  of a change of registered office, the place specified in the last such notice.
 “territorial proceedings” means proceedings opened in accordance with Article 3(2) and 3(4) of the Council Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Council Regulation and–
(a) in relation to England and Wales and Scotland, set out in Annex A to the Council Regulation under the heading “United Kingdom”; and
(b) in relation to another Member State, set out in Annex A to the Council Regulation under the heading relating to that Member State.
(3) Unless the context otherwise requires, words and expressions used in this Chapter which are also used in the Act of 1986, Chapter 3 of Part 3 of the Act of 2004, Parts 2 or 3 of the Act of 2009Chapter 5 of Part 2 of the Act of 2011,   the Insolvency Rules , the Bank Insolvency Rules, the Bank Administration Rules... the Energy Administration Rulesor the 2013 Rules  have the same meaning as in those Acts or Rules, as the case may be.
74.2 
All proceedings in the Outer House in a cause under or by virtue of the Act of 1986, the Company Directors Disqualification Act 1986  , Chapter 3 of Part 3 of the Act of 2004 or Parts 2 or 3 of the Act of 2009,  shall be brought before a judge of the court nominated by the Lord President as the insolvency judge or, where the insolvency judge is not available, any other judge of the court (including the vacation judge): and “insolvency judge” shall be construed accordingly.
74.3 
Where, under the Act of 1986, the Act of 2004, the Act of 2009,the Act of 2011, the Insolvency Rules , the Bank Insolvency Rules, the Bank Administration Rules... the Energy Administration Rulesor the 2013 Rules–
(a) notice of a fact is to be given to the court,
(b) a report is to be made, or sent, to the court, or
(c) any other document is to be sent to the court,it shall be sent to the Deputy Principal Clerk who shall cause it to be lodged in the process to which it relates.
PART II
74.4 

(1) This rule applies where the company is not being wound up by the court and  is not in administration.
(2) A report of a nominee submitted to the court under section 2(2) of the Act of 1986 (procedure where nominee is not the liquidator or administrator) shall be–
(a) lodged, with a covering letter, in the Petition Department;
(b) marked by the clerk of session receiving it with the date on which it is received; and
(c) placed before the insolvency judge for consideration of any direction which he may make under section 3(1) of that Act (which relates to the summoning of meetings).
(3) An application by a nominee to extend the time within which he may submit his report under section 2(2) of the Act of 1986 shall be made by letter addressed to the Deputy Principal Clerk who shall–
(a) place the letter before the insolvency judge for determination;
(b) intimate that determination by a written reply; and
(c) attach the letter, and a copy of the reply, to the nominee’s report when it is subsequently lodged.
74.5 

(1) This rule applies where the company is being wound up by the court or  is in administration.
(2) In this rule, “process” means the process of the petition under section 9 (petition for administration order), or section 124 (petition to wind up a company), of the Act of 1986, as the case may be.
(3) A report of a nominee submitted to the court under section 2(2) of the Act of 1986 (procedure where nominee is not the liquidator or administrator) shall be–
(a) lodged in process; and
(b) placed before the insolvency judge for consideration of any direction which he may make under section 3(1) of that Act.
(4) An application by a nominee to extend the time within which he may submit his report under section 2(2) of the Act of 1986 shall be made by letter addressed to the Deputy Principal Clerk who shall–
(a) place the letter before the insolvency judge for determination;
(b) intimate that determination by a written reply; and
(c) lodge the letter, and a copy of the reply, in the process of the petition to which it relates.
74.6 
A person who states in a letter addressed to the Deputy Principal Clerk that he is a creditor, member or director of the company or his agent, may, on payment of the appropriate fee, inspect the nominee’s report lodged under rule 74.4(2) (company not in liquidation etc.) 74.5(3) (company in liquidation etc.), as the case may be.
74.7 
The report of the result of a meeting to be sent to the court under section 4(6) of the Act of 1986 shall be sent to the Deputy Principal Clerk who shall lodge it–
(a) in a case to which rule 74.4 (lodging of nominee’s report (company not in liquidation etc.)) applies, with the nominee’s report lodged under that rule; or
(b) in a case to which rule 74.5 (lodging of nominee’s report (company in liquidation etc.)) applies, in process as defined by paragraph (2) of that rule.
74.8 
An abstract of receipts and payments prepared by a supervisor and sent to the court under rule 1.21(2) of the Insolvency Rules or a notice of completion of the arrangement (and a copy of the supervisor’s report) to be sent to the court under rule 1.23(3) of those Rules shall be sent to the Deputy Principal Clerk who shall cause it to be lodged–
(a) in a case to which rule 74.4 (lodging of nominee’s report (company not in liquidation etc.)) applies, with the nominee’s report lodged under that rule; or
(b) in a case to which rule 74.5 (lodging of nominee’s report (company in liquidation etc.)) applies, in process as defined by paragraph (2) of that rule.
74.9 

(1) An application to which this rule applies shall be made–
(a) where the company is not being wound up by the court and  is not in administration, by petition; or
(b) where the company is being wound up by the court or  is in administration, by note in the process to which it relates.
(1A) In the case of a bank, an application to which this rule applies shall be made–
(a) where the bank is not subject to a bank insolvency order and is not in bank administration, by petition; or
(b) where the bank is subject to a bank insolvency order by the court or is in bank administration, by note in the process to which it relates.
(2) This rule applies to an application under–
(a) section 2(4) of the Act of 1986 (for the replacement of a nominee);
(b) section 6 of that Act (to challenge a decision made in relation to an arrangement);
(c) section 7(3) of that Act (to challenge the actings of a supervisor);
(d) section 7(4)(a) of that Act (by a supervisor for directions);
(e) section 7(5) of that Act (for the appointment of a supervisor);
(f) rule 1.21(5) of the Insolvency Rules (to dispense with sending abstracts or reports or to vary the dates on which the obligation to send abstracts or reports arises);
(g) rule 1.23(4) of those Rules (to extend the period for sending a notice of implementation of arrangement or report); or
(h) any other provision in the Act of 1986 or the Insolvency Rules relating to company voluntary arrangements not mentioned in this Part ; or
(i) any provision in the Act of 1986, as applied by the Act of 2009, relating to voluntary arrangements.
PART III
74.10 

(1) In this Part, “the petition” means a petition under section 9 of, or section 8 of and Schedule B1 to, the Act of 1986 (petition for administration order), or section 156 of the Act of 2004 (petition for energy administration order).
(2) The petition shall include averments in relation to–
(a) the petitioner and the capacity in which he presents the petition, if other than the company;
(b) whether it is believed that the company is, or is likely to become, unable to pay its debts and the grounds of that belief;
(c) in the case of a petition under the Act of 1986, how the making of that order will achieve–
(i) any of the purposes specified in section 8(3) of the Act of 1986; or
(ii) an objective specified in paragraph 3 of Schedule B1 to the Act of 1986;
(d) the company’s financial position specifying, so far as known, assets and liabilities, including contingent and prospective liabilities;
(e) any security known or believed to be held by creditors of the company, whether in any case the security confers power on the holder to appoint a receiver or an administrator, and whether a receiver or an administrator, as the case may be,  has been appointed;
(f) so far as known to the petitioner, whether any steps have been taken for the winding up  of the company;
(g) other matters which, in the opinion of the petitioner, will assist the court in deciding whether to grant an  order in respect of an administrationor an energy administration, as the case may be;
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) the name and address of the person proposed to be appointed, and his qualification to act, as administrator  or energy administrator, as the case may be; and 
(j) in the case of a petition under the Act of 1986, jurisdiction under the Council Regulation, in particular stating, so far as known to the petitioner–
(i) where the centre of main interests of the company is and whether the company has any other establishments in another Member State; and
(ii) whether there are insolvency proceedings elsewhere in respect of the company and whether those proceedings are main or territorial proceedings;
(k) whether the Secretary of State has certified the case as one in which he considers it would be appropriate for him to petition under section 124A of the Act of 1986 (petition for winding up on grounds of public interest);
(l) so far as known to the petitioner in a petition for an energy administration order, whether any steps have been taken for an administration order under Schedule B1 to the Act of 1986;
(m) whether a protected energy company in a petition for an energy administration order is a non GB company.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74.10A 

(1) On making an interim order under paragraph 13(1)(d) of Schedule B1 to the Act of 1986 or section 157(1)(d) of the Act of 2004  the Lord Ordinary shall fix a hearing on the By Order Roll for a date after the expiry of the period of notice mentioned in rule 14.6 (period of notice for lodging answers).
(2) At the hearing under paragraph (1) the Lord Ordinary shall make such order as to further procedure as he thinks fit.
74.11 
Where–
(a) the petition is to be served on a person mentioned in rule  2.3  of the Insolvency Rules, and
(b) by virtue of paragraph (2) of that rule, notice requires to be given to that person or,
(c) the petition and a notice are to be served on a person mentioned in section 156(2)(a) to (c) of the Act of 2004 (notice of application for energy administration order) ... rule 5(1) of the Energy Administration Rulesor rule 6(1) of the 2013 Rulesit shall be sufficient for the petitioner, where such notice and service is to be executed by post, to enclose the statutory notice and a copy of the petition in one envelope and to certify the giving of such notice and the execution of such service by one certificate.
74.12 

(1) A report of the meeting to approve the proposals of the administrator to be sent to the court under section 24(4) of the Act of 1986 shall be sent to the Deputy Principal Clerk of Session, who shall–
(a) cause it to be lodged in the process of the petition to which it relates; and
(b) give written intimation to the parties of the receipt and lodging of the report.
(2) Where a report under section 24(4) of the Act of 1986 discloses that the meeting has declined to approve the proposals of the administrator, the Keeper of the Rolls shall put the cause out on the By Order Roll for determination by the insolvency judge for any order he may make under section 24(5) of that Act.
74.13 

(1) Paragraph (2) shall apply where a report under paragraphs 53(2) or 54(6) of Schedule B1 to the Act of 1986 discloses a failure to approve, or to approve a revision of, an administrator’s proposals.
(2) The Deputy Principal Clerk shall fix a hearing for determination by the insolvency judge of any order that may be made under paragraph 55(2) of Schedule B1 to the Act of 1986.
74.14 

(1) The time and date of lodging of a notice or document relating to an administration under the Act of 1986 or the Insolvency Rules, or an energy administration under the Act of 2004 or the Energy Administration Rules, shall be noted by the Deputy Principal Clerk upon the notice or document.
(2) Subject to any provision in the Insolvency Rules or the Energy Administration Rules, as the case may be–
(a) where the time of lodging of a notice or document cannot be ascertained by the Deputy Principal Clerk, the notice or document shall be deemed to be lodged at 10 a.m. on the date of lodging; and
(b) where a notice or document under paragraph (1) is delivered on any day other than a business day, the date of lodging shall be the first business day after such delivery.
74.15 
An application or appeal under any provision of the Act of 1986, the Insolvency Rules, the Act of 2004 or the Energy Administration Rules during an administration or energy administration, as the case may be, shall be–
(a) where no previous application or appeal has been made, by petition; or
(b) where a petition for an order in respect of an administration, or energy administration, as the case may be, has been lodged, by note in the process of that petition.
74.15A 
An application by a bank liquidator for an administration order under section 114 of the Act of 2009 shall be made by note in the existing process of the bank insolvency petition.
PART IV
74.16 
In this Part, “the petition” means a petition under section 54(1) of the Act of 1986 (petition to appoint a receiver).
74.17 
The petition shall include averments in relation to–
(a) any floating charge and the property over which it is secured;
(b) so far as known to the petitioner, whether any application for  an order in respect of an administration  has been made , or an administrator has been appointed.  in respect of the company;
(c) other matters which, in the opinion of the petitioner, will assist the court in deciding whether to appoint a receiver; and
(d) the name and address of the person proposed to be appointed, and his qulification to act, as receiver.
74.18 

(1) Unless the court otherwise directs, the order under rule 14.5 (first order in petitions) for intimation, service and advertisement of the petition shall include a requirement–
(a) to serve the petition–
(i) on the company; and
(ii) where an application for an administration order has been presented, on that applicant and any respondent to that application; and
(b) to advertise the petition forthwith–
(i) once in the Edinburgh Gazette; and
(ii) once in one or more of such newspapers as the court shall direct.
(2) Subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to the petition shall be 8 days.
(3) An advertisement under paragraph (1) shall include–
(a) the name and address of the petitioner;
(b) the name and address of the agent for the petitioner;
(c) the date on which the petition was presented;
(d) the nature of the order sought;
(e) the period of notice for lodging answers; and
(f) a statement that any person who intends to appear in the petition must lodge answers within the period of notice.
74.19 

(1) An application under–
(a) section 61(1) of the Act of 1986 (by a receiver for authority to dispose of property or an interest in property),
(b) section 62 of that Act (for removal of a receiver),
(c) section 63(1) of that Act (by a receiver for directions),
(d) section 69(1) of that Act (to enforce the receiver’s duty to make returns etc.), or
(e) any other provision of the Act of 1986 or the Insolvency Rules relating to receivers not mentioned in this Part,
shall, where the court has appointed the receiver, be made by note or, in any other case, by petition.
(2) An appeal against a decision of a receiver as to expenses of submitting a statement of affairs under rule 3.3(2) of the Insolvency Rules shall, where the receiver was appointed by the court, be made by note or, in any other case, by petition.
(3) An application by a receiver–
(a) under section 67(1) or (2) of the Act of 1986 (to extend the time for sending a report),
(b) under rule 3.9(2) of the Insolvency Rules (to extend the time for sending an abstract of his receipts and payments),
shall, where the court has appointed the receiver, be made by motion or, in any other case, by petition.
PART V
74.20 
In this Part, “the petition” means a petition under section 124 of the Act of 1986 (petition to wind up a company).
74.21 

(1) The petition shall include averments in relation to–
(a) the petitioner, if other than the company, and his title to present the petition;
(b) in respect of the company–
(i) its current and any previous registered name;
(ii) the address of its registered office, and any previous such address within 6 months immediately before the presentation of the petition so far as known to the petitioner;
(iii) a statement of the nature of its business and objects, the amount of its capital (nominal and issued) indicating what part is called up, paid up or credited as paid up, and the amount of the assets of the company so far as known to the petitioner;
(iv) where the centre of main interests of the company is and whether the company has any other establishments in another Member State;
(c) whether, to the knowledge of the petitioner, a receiver has been appointed in respect of any part of the property of the company or a liquidator has been appointed for the voluntary winding up of the company;
(d) the grounds on which the petition proceeds; and
(e) the name and address of the person proposed to be appointed, and his qualification to act, as interim liquidator.
(f) whether there are insolvency proceedings elsewhere in respect of the company and whether those proceedings are main or territorial proceedings.
74.22 

(1) Unless the court otherwise directs, the order under rule 14.5 (first order in petitions) for intimation, service and advertisement of the petition shall include a requirement–
(a) to serve the petition–
(i) where the petitioner is not the company, on the company;
(ii) where the company is being wound up voluntarily and a liquidator has been appointed, on the liquidator; and
(iii) where a receiver or administrator has been appointed, on the receiver or administrator, as the case may be;
(b) where the company is an authorised institution or former authorised institution within the meaning assigned in section 106(1) of the Banking Act 1987 and the petitioner is not the Bank of England, to serve the petition on the Bank of England; and
(c) to advertise the petition forthwith–
(i) once in the Edinburgh Gazette; and
(ii) once in one or more of such newspapers as the court shall direct.
(2) Subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to the petition shall be 8 days.
(3) An advertisement under paragraph (1) shall include–
(a) the name and address of the petitioner and, where the petitioner is the company, its registered office;
(b) the name and address of the agent for the petitioner;
(c) the date on which the petition was presented;
(d) the nature of the order sought;
(e) where a provisional liquidator has been appointed by the court, his name, address and the date of his appointment;
(f) the period of notice for lodging answers; and
(g) a statement that any person who intends to appear in the petition must lodge answers within the period of notice.
74.23 

(1) An application under section 120(3)(a)(i) of the Act of 1986 (application for remit of petition to a sheriff court) shall be made by motion.
(2) An application under–
(a) section 120(3)(a)(ii) of the Act of 1986 (application for remit of petition from a sheriff court to the court), or
(b) section 120(3)(b) of that Act (application for remit of petition from one sheriff court to another),
shall be made by petition.
74.24 

(1) Where a petitioner in the petition–
(a) is subsequently found not entitled to present the petition,
(b) fails to make intimation, service and advertisement as directed by the court,
(c) moves or consents to withdraw the petition or to allow it to be dismissed or refused,
(d) fails to appear when the petition is called for hearing, or
(e) appears, but does not move for an order in terms of the prayer of the petition,
the court may, on such terms as it thinks fit, sist as petitioner in place of the original petitioner any creditor or contributory who, in the opinion of the court, is entitled to present the petition.
(1A) Where a member State liquidator has been appointed in main proceedings in relation to the company, without prejudice to paragraph (1) the court may, on such terms as it thinks fit, substitute the member State liquidator as petitioner, where he is desirous of prosecuting the petition.
(2) An application by a creditor or a contributory to be sisted under paragraph (1)–
(a) may be made at any time before the petition is dismissed or refused, and
(b) shall be made by note;
and, if necessary, the court may continue the petition for a specified period to allow a note to be presented.
74.25 

(1) An appplication to appoint a provisional liquidator under section 135 of the Act of 1986 may be made–
(a) by the petitioner, in the prayer of the petition or, if made after the petition has been presented, by note; or
(b) by a creditor or contributory of the company, the company, the Secretary of State , a member State liquidator appointed in main proceedings  or a person entitled under any enactement to present a petition, by note.
(2) The application mentioned in paragraph (1) shall include averments in relation to–
(a) the grounds for the appointment of the provisional liquidator;
(b) the name and address of the person proposed to be appointed, and his qualification to act, as provisional liquidator; and
(c) whether, to the knowledge of the applicant, an administrator has been appointed to the company or a receiver has been appointed in respect of any part of its property or a liquidator has been appointed voluntarily to wind it up.
(3) Where the court decides to appoint a provisional liquidator–
(a) it shall pronounce an interlocutor making the appointment and specifying the functions to be carried out by him in relation to the affairs of the company; and
(b) the applicant shall forthwith send a certified copy of such interlocutor to the person appointed.
(4) On receiving a certified copy of an interlocutor pronounced under paragraph (3), the provisional liquidator shall intimate his appointment forthwith–
(a) once in the Edinburgh Gazette; and
(b) once in one or more of such newspapers as the court has directed.
(5) An application for the discharge of a provisional liquidator shall be made by note.
74.26 

(1) Where the court pronounces an interlocutor appointing a liquidator–
(a) the Deputy Principal Clerk shall send a certified copy of that interlocutor to the liquidator;
(b) the court may, for the purposes of rule 4.18(4) of the Insolvency Rules (liquidator to give notice of appointment), give such direction as it thinks fit as to advertisement of such appointment.
(2) An application to appoint a liquidator under section 139(4) of the Act of 1986 shall be made by note.
74.27 

(1) An application under section 131(5) of the Act of 1986 for–
(a) release from an obligation imposed under section 131(1) or (2) of that Act, or
(b) an extension of time for the submission of a statement of affairs,
shall be made by note.
(2) A note under paragraph (1) shall be served on the liquidator or provisi onal liquidator, as the case may be, who may lodge–
(a) answers to the note; or
(b) a report on any matters which he considers should be drawn to the attention of the court.
(3) Where the liquidator or provisional liquidator lodges a report under paragraph (2), he shall forthwith send a copy of it to the noter.
(4) Where the liquidator or the provisional liquidator does not appear at any hearing on the note, a certified copy of the interlocutor disposing of the note shall be sent to him forthwith by the noter.
(5) An appeal under rule 4.9(6) of the Insolvency Rules (appeal against refusal by liquidator of allowance towards expenses of preparing statement of affairs) shall be made by note.
74.28 

(1) An appeal under rule 4.16B(6) of the Insolvency Rules (adjudication of claims) by a creditor or any member or contributory of the company against a decision of the liquidator shall be made by note in process.
(2) A note under paragarph (1) shall be served on the liquidator.
(3) On such a note being served on him, the liquidator shall send the claim in question, and a copy of his adjudication, forthwith to the Deputy Principal Clerk who shall cause them to be lodged in process.
(4) After the note has been disposed of, the Deputy Principal Clerk shall return the claim and the adjudication to the liquidator with a copy of the interlocutor disposing of the note.
74.29 
An application by a creditor of the company for an order–
(a) under section 171(3) of the Act of 1986 (order directing a liquidator to summon a meeting of creditors for the purpose of removing him), or
(b) under section 172 of that Act (order for removal of a liquidator),shall be made by note.
74.30 

(1) An application–
(a) by a liquidator under rule 4.34 of the Insolvency Rules (application to increase remuneration), or
(b) by a creditor of the company under rule 4.35 of those Rules (application to reduce liquidator’s remuneration),
shall be made by note.
(2) A note under paragraph (1)(b) shall be served on the liquidator.
74.30A 

(1) An application by a liquidator, administrator or receiver under section 176A of the Act of 1986 shall be–
(a) where there is no existing process in relation to any liquidation, administration or receivership, by petition; or
(b) where a process exists in relation to any liquidation, administration or receivership, by note in that process.
(2) The Deputy Principal Clerk shall–
(a) after the lodging of any petition or note fix a hearing for the insolvency judge to consider an application under paragraph (1); and
(b) give notice of the hearing fixed under paragraph (2)(a) to the petitioner or noter.
(3) The petitioner or noter shall not be required to give notice to any person of the hearing fixed under paragraph (2)(a), unless the insolvency judge directs otherwise.
74.31 

(1) An application under section 177 of the Act of 1986 (application for the appointment of a special manager) shall be made by note.
(2) A bond of caution certified by the noter under rule 4.70(4) of the Insolvency Rules shall be sent to the Petition Department by the noter.
(3) After the Deputy Principal Clerk has satisfied himself as to the sufficiency of caution under rule 33.7(1) of these Rules, the clerk of session shall issue to the person appointed to be special manager a certified copy of the interlocutor appointing him.
(4) A special manager may, before the expiry of the period for finding caution, apply to the insolvency judge for an extension of that period.
74.32 

(1) An application under the Act of 1986 or any subordinate legislation made under that Act, or Part VII of the Companies Act 1989, in relation to a winding up by the court not mentioned in this Part shall–
(a) if made by a party to the petition, be made by motion; or
(b) in any other case, be made by note.
(2) At the hearing of a motion under paragraph (1)(a), the court may order that the application be made by note; and, in such a case, shall make an order for the lodging of answers to the note in process within such period as it thinks fit.
74.32A 

(1) This rule applies to an application under rule 4.26B(1) of the Insolvency Rules (application for block transfer order).
(2) An application mentioned in paragraph (1) shall be made by petition.
(3) Paragraph (4) applies where an application includes the name of one or more sheriff court petition.
(4) The Deputy Principal Clerk shall notify the sheriff clerk of every sheriff court listed in the application that an application has been made.
(5) Where the court grants an application, it may order the replacement liquidator to be appointed in any or all of the cases listed in the application.
(6) Where the court pronounces an interlocutor granting a block transfer order—
(a) the Deputy Principal Clerk shall send a certified copy of that interlocutor to the replacement liquidator;
(b) the court may direct that a copy of the interlocutor is—
(i) to be put in the process of every Court of Session petition where the replacement liquidator has been appointed;
(ii) to be sent to the sheriff clerk to be put in the process of every sheriff court petition where the replacement liquidator has been appointed; and
(c) the court may make such orders as it thinks fit for the intimation and advertisement of the appointment of the replacement liquidator.
74.32B 

(1) An application for the prior approval of a resolution for voluntary winding up of a bank under section 84 of the Act of 1986 or voluntary winding up of a building society under section 88 of the Building Societies Act 1986  shall be made to the Deputy Principal Clerk by letter.
(2) An application under paragraph (1) shall be marked as having been made on the date on which the letter is received by the court.
(3) The letter shall be placed before the insolvency judge forthwith for consideration.
(4) The court shall approve such a resolution by pronouncing an interlocutor to that effect.
PART VI
74.33 
An application–
(a) under section 3(2) of the Company Directors Disqualification Act 1986 (for disqualification for persistent breaches of companies legislation);
(b) under section 6(1) of that Act (to disqualify unfit directors of insolvent companies);
(c) under section 8 of that Act (for disqualification of unfit director after investigation of a company);
(ca) under section 8A of that Act (variation or cessation of disqualification undertaking),
(d) under section 11(1) of that Act (for leave by an undischarged bankrupt to be concerned in a company),
(e) for leave under that Act; or
(f) by the Secretary of State under rule 4(2) of the Insolvent Companies (Reports on Conduct of Directors (No. 2) (Scotland) Rules 1986 (application for direction to comply with requirements to furnish information etc.),shall be made by petition.
74.34 

(1) Rule 74.22, except paragraphs (1)(c) and (2) of that rule, shall apply to the intimation, service and advertisement of a petition referred to in rule 74.33 (applications in relation to disqualification orders) as it applies to a petition under that rule.
(2) A petition presented under rule 74.33 shall be intimated—
(a) to the Secretary of State for Business, Enterprise and Regulatory Reform; or
(b) where a petition is presented under rule 74.33(ca) and the disqualification undertaking was given under section 9B of the Company Directors Disqualification Act 1986 (competition undertaking), to the Office of Fair Trading or any specified regulator which has accepted the undertaking, as the case may be;
unless the petition is presented by that person or body.
PART VII
74.35 

(1) An application for a bank insolvency order under section 95 of the Act of 2009 shall be made by petition.
(2) A petition under paragraph (1) shall include averments in relation to–
(a) the name and address of the person to be appointed as the bank liquidator, and his qualification to act;
(b) the current name and any other trading names of the bank;
(c) the address of the bank’s registered office, and any previous such address within six months immediately before the presentation of the petition so far as known to the petitioner;
(d) a home address for each director of the bank;
(e) a statement of the amount of the bank’s capital (nominal and issued) indicating what part is called up, paid up or credited as paid up, and the amount of the assets of the bank so far as known to the petitioner;
(f) whether, to the knowledge of the petitioner, a bank administrator has been appointed in respect of the bank or a supervisor has been appointed in respect of the bank under a voluntary arrangement under Part 1 of the Act of 1986; and
(g) the grounds on which the petition proceeds.
74.36 

(1) Unless the court otherwise directs, the order under rule 14.5 (first order in petitions) for intimation, service and advertisement of a petition referred to in rule 74.35 shall include–
(a) a requirement to serve two copies of the petition–
(i) on the bank and each director of the bank;
(ii) on the Bank of England, if it is not the petitioner;
(iii) on the  Financial Conduct Authority, if it is not the petitioner;
(iiia) the Prudential Regulation Authority, if it is not the petitioner;
(iv) on the Secretary of State, if he is not the petitioner;
(v) on the proposed bank liquidator;
(vi) on the Financial Services Compensation Scheme;
(vii) on any person who has given notice to the  Financial Conduct Authority or the Prudential Regulation Authority  in respect of the bank under section 120 of the Act of 2009;
(viii) if there is in force for the bank a voluntary arrangement under Part 1 of the Act of 1986, the supervisor of that arrangement; and
(ix) where a bank administrator has been appointed in relation to the bank, on that bank administrator;
(b) a requirement to advertise the petition forthwith–
(i) once in the Edinburgh Gazette; and
(ii) once in one or more of such newspapers as the court shall direct; and
(c) the time and date fixed by the court for the hearing of the petition.
(2) In fixing the time and date for the hearing of the petition mentioned in paragraph (1)(c), the court shall ensure that the date and time is as soon as reasonably practicable, having regard to the need to give the directors of the bank a reasonable opportunity to attend.
(3) Unless the court otherwise directs, where the petition is served under paragraph (1), one copy of the petition shall be sent electronically as soon as practicable to each of the persons named in the order and the other copy shall be served on those persons in accordance with Chapter 16 of these Rules.
(4) Any answers to the petition must be lodged 24 hours before the date fixed by the court under this rule and a copy of the answers must be served on the petitioner before that date.
(5) An advertisement under paragraph (1) shall include–
(a) the identity of the petitioner;
(b) the name and address of the agent for the petitioner;
(c) the date on which the petition was presented;
(d) where a provisional bank liquidator has been appointed by the court, his name, address and the date of his appointment; and
(e) a statement that any person who intends to appear in the petition must lodge answers no later than 24 hours prior to the date set down for a hearing in terms of paragraph (1)(c).
74.37 

(1) An application to appoint a provisional bank liquidator under section 135 of the Act of 1986, as that provision is applied and modified by section 103 of the Act of 2009, may be made–
(a) by the petitioner, in the prayer of the petition or, if made after the petition has been presented, by note; or
(b) by any other person entitled to make an application under section 95 of the Act of 2009, by note.
(2) The application mentioned in paragraph (1) shall include averments in relation to–
(a) the grounds for appointment of the provisional bank liquidator;
(b) the name and address of the person proposed to be appointed, and his qualification to act, as provisional bank liquidator; and
(c) confirmation that the person to be appointed has consented to act as provisional bank liquidator.
(3) Where the court decides to appoint a provisional bank liquidator–
(a) it shall pronounce an interlocutor making the appointment and specifying the functions to be carried out by him in relation to the affairs of the bank; and
(b) the applicant shall forthwith send a certified copy of such interlocutor to the person appointed and to such other persons as are specified under rule 12 of the Bank Insolvency Rules (order of appointment of provisional bank liquidator).
(4) On receiving a certified copy of an interlocutor pronounced under paragraph (3), the provisional bank liquidator shall intimate his appointment forthwith–
(a) once in the Edinburgh Gazette; and
(b) once in one or more such newspapers as the court has directed.
(5) An application for the discharge of a provisional bank liquidator shall be made by note.
74.38 

(1) An application under section 131(5) of the Act of 1986, as applied and modified by section 103 of the Act of 2009, for–
(a) release from an obligation imposed under section 131(1) or (2) of the Act of 1986, as so applied and modified; or
(b) an extension of time for the submission of a statement of affairs,
shall be made by note.
(2) A note under paragraph (1) shall be served on the bank liquidator or provisional bank liquidator, as the case may be, who may lodge–
(a) answers to the note; or
(b) a report on any matters which he considers should be drawn to the attention of the court.
(3) Where the bank liquidator or provisional bank liquidator lodges a report under paragraph (2), he shall forthwith send a copy of it to the noter.
(4) Where the bank liquidator or provisional bank liquidator does not appear at any hearing on the note, a certified copy of the interlocutor disposing of the note shall be sent to him forthwith by the noter.
(5) Where a certified copy of the interlocutor is sent to the bank liquidator or provisional bank liquidator in accordance with paragraph (4), the noter shall forthwith provide notice of that fact to the court.
(6) An appeal under rule 4.9(6) of the Insolvency Rules (appeal against refusal by liquidator of allowance towards expenses of preparing statement of affairs), as applied by rule 19 of the Bank Insolvency Rules, shall be made by note.
74.39 

(1) An appeal under section 49(6) of the Bankruptcy (Scotland) Act 1985, as applied by rule 4.16 of the Insolvency Rules (appeal by a creditor or contributory of the company against a decision of the liquidator), as that rule is in turn applied by rule 28 of the Bank Insolvency Rules, shall be made by note.
(2) A note under paragraph (1) shall be served on the bank liquidator.
(3) On such a note being served on him, the bank liquidator shall send the claim in question, and a copy of his adjudication, forthwith to the Deputy Principal Clerk who shall cause them to be lodged in process.
(4) After the note has been disposed of, the Deputy Principal Clerk shall return the claim and the adjudication to the bank liquidator with a copy of the interlocutor disposing of the note.
74.40 
An application for an order under section 108 of the Act of 2009 (removal of bank liquidator by the court) shall be made by note.
74.41 

(1) An application–
(a) by a bank liquidator under rule 4.34 of the Insolvency Rules (application to increase remuneration), as that rule is applied by rule 47 of the Bank Insolvency Rules; or
(b) by a creditor of the bank under rule 4.35 of the Insolvency Rules (application to reduce liquidator’s remuneration), as that rule is applied by rule 48 of the Bank Insolvency Rules,
shall be made by note.
74.42 

(1) An application by a bank liquidator or bank administrator under section 176A of the Act of 1986 (share of assets for unsecured creditors), as applied and modified by section 103 of the Act of 2009, shall be made by note in the existing bank liquidation or bank administration process.
(2) The Deputy Principal Clerk shall–
(a) after the lodging of any note fix a hearing for the insolvency judge to consider an application under paragraph (1); and
(b) give notice of the hearing fixed under paragraph (2)(a) to the noter.
(3) The noter shall not be required to give notice to any person of the hearing fixed under paragraph (2)(a), unless the insolvency judge directs otherwise.
74.43 

(1) An application under section 177 of the Act of 1986 (application for the appointment of a special manager), as applied and modified by section 103 of the Act of 2009, shall be made by note.
(2) A bond of caution certified by the noter under rule 4.70(4) of the Insolvency Rules, as that rule is applied by rule 82 of the Bank Insolvency Rules, shall be sent to the Petition Department by the noter.
(3) After the Deputy Principal Clerk has satisfied himself as to the sufficiency of caution under rule 33.7(1) of these Rules, the clerk of session shall issue to the person appointed to be special manager a certified copy of the interlocutor appointing him.
(4) A special manager may, before the expiry of the period for finding caution, apply to the insolvency judge for an extension of that period.
74.44 

(1) An application under the Act of 1986 as applied by the Act of 2009, under the Act of 2009 or under any subordinate legislation made under those Acts, in relation to a bank insolvency not mentioned in this Part shall–
(a) if made by a party to the petition, be made by motion; or
(b) in any other case, be made by note.
(2) At the hearing of a motion under paragraph (1)(a), the court may order that the application be made by note; and, in such a case, shall make an order for the lodging of answers to the note in process within such period as it thinks fit.
PART VIII
74.45 

(1) An application by the Bank of England for a bank administration order under section 142 of the Act of 2009 shall be made by petition.
(2) A petition under paragraph (1) shall include averments on the following matters–
(a) the name and address of the person to be appointed as the bank administrator, and his qualification to act;
(b) confirmation that the conditions for applying for a bank administration order, set out in section 143 of the Act of 2009, are met in respect of the bank;
(c) the bank’s current financial position to the best of the Bank of England’s knowledge and belief, including actual, contingent and prospective assets and liabilities;
(d) any security which the Bank of England knows or believes to be held by the creditors of the bank;
(e) whether any security confers power to appoint an administrator under paragraph 14 of Schedule B1 to the Act of 1986 (holder of qualifying floating charge) or a receiver of the whole (or substantially the whole) of the bank’s property, and whether such an administrator or receiver has been appointed;
(f) any insolvency proceedings which have been instituted in respect of the bank, including any process notified to the  Financial Conduct Authority or the Prudential Regulation Authority  under section 120 of the Act of 2009;
(g) details of any property transfer instrument which the Bank of England has made or intends to make under section 11(2)(b) or 12(2) of the Act of 2009 in respect of the bank;
(h) where the property transfer instrument has not yet been made, an explanation of what effect it is likely to have on the bank’s financial position;
(i) how the making of a bank administration order will achieve the objectives specified in section 137 of the Act of 2009;
(j) how functions are to be apportioned where more than one person is to be appointed as bank administrator and, in particular, whether functions are to be exercisable jointly or individually; and
(k) other matters which the Bank of England considers will assist the court in deciding whether to grant a bank administration order.
74.46 

(1) Where a petition is lodged under rule 74.45, the court shall fix a time and date for the hearing of the petition and in doing so shall ensure that the date and time is as soon as is reasonably practicable, having regard to the need to give the directors of the bank a reasonable opportunity to attend.
(2) At the hearing of a petition, each of the following may appear or be represented–
(a) the Bank of England;
(b) the Financial Conduct Authority;
(ba) the Prudential Regulation Authority;
(c) the bank;
(d) any director of the bank;
(e) any person nominated for appointment as bank administrator of the bank;
(f) any person who holds a qualifying floating charge for the purposes of paragraph 14 of Schedule B1 to the Act of 1986; and
(g) with the permission of the court, any other person who appears to have an interest.
74.47 

(1) An application to appoint a provisional bank administrator under section 135 of the Act of 1986, as that provision is applied and modified by section 145 of the Act of 2009, may be made by the Bank of England in the prayer of the petition or, if made after the petition has been presented, by note.
(2) The application mentioned in paragraph (1) shall include averments on the following matters–
(a) the grounds for appointment of the provisional bank administrator;
(b) the name and address of the person proposed to be appointed, and his qualification to act, as provisional bank administrator;
(c) confirmation that the person to be appointed has consented to act as provisional bank administrator; and
(d) the Bank of England’s estimate of the value of the assets in respect of which the provisional bank administrator is entitled to be appointed.
(3) An order appointing any provisional bank administrator shall specify the functions to be carried out in relation to the bank’s affairs and how those functions are to be apportioned where more than one person is to be appointed as provisional bank administrator and, in particular, shall specify whether functions are to be exercisable jointly or individually.
(4) Where the court decides to appoint a provisional bank administrator–
(a) it shall pronounce an interlocutor making the appointment and specifying the functions to be carried out by him in relation to the affairs of the bank; and
(b) it shall forthwith send a certified copy of the interlocutor to the person appointed ....
(5) On receiving a certified copy of an interlocutor pronounced under paragraph (4)(a), the provisional bank administrator shall intimate his appointment forthwith–
(a) once in the Edinburgh Gazette; and
(b) once in one or more such newspapers as the court has directed.
(6) An application for the discharge of a provisional bank administrator shall be made by note.
74.48 

(1) Paragraph (2) shall apply where a report under paragraphs 53(2) or 54(6) of Schedule B1 to the Act of 1986 (report at conclusion of creditors' meeting), as those provisions are applied and modified by section 145 of the Act of 2009, discloses a failure to approve, or to approve a revision of, a bank administrator’s proposals.
(2) The Deputy Principal Clerk shall fix a hearing for determination by the insolvency judge of any order that may be made under paragraph 55(2) of Schedule B1 to the Act of 1986, as that provision is applied and modified by section 145 of the Act of 2009.
74.49 

(1) The time and date of lodging of a notice or document relating to a bank administration under–
(a) the Act of 2009;
(b) the Act of 1986, as applied by the Act of 2009;
(c) the Bank Administration Rules; or
(d) the Insolvency Rules, as applied by the Bank Administration Rules,
shall be noted by the Deputy Principal Clerk upon the notice or document.
(2) Subject to any provision of the Bank Administration Rules, or the Insolvency Rules as applied by the Bank Administration Rules–
(a) where the time of lodging of a notice or document cannot be ascertained by the Deputy Principal Clerk, the notice or document shall be deemed to have been lodged at 10 a.m. on the date of lodging; and
(b) where a notice or document under paragraph (1) is delivered on any day other than a business day but is not lodged on that day, the date of lodging shall be the first business day after such delivery.
74.50 
An application or appeal under any provision of the Act of 1986 as applied by the Act of 2009, the Insolvency Rules as applied by the Bank Administration Rules, the Act of 2009 or the Bank Administration Rules, during a bank administration shall be–
(a) where no previous application or appeal has been made, by petition; or
(b) where a petition for an order in respect of a bank administration has been lodged, by note in the process of that petition.
PART IX
74.51 

(1) Subject to paragraph (3), Part VIII of this Chapter applies to an application mentioned in paragraph (2) as it applies to an application for a bank administration order.
(2) An application referred to in paragraph (1) is an application for a building society special administration order under the Act of 2009, as that Act is applied and modified by section 90C of the Building Societies Act 1986 and the Building Societies (Insolvency and Special Administration) Order 2009.
(3) In the application of Part VIII of this Chapter under paragraph (1)–
(a) references to the Bank Administration Rules shall be read as references to the Building Society Special Administration (Scotland) Rules 2009;
(b) references to a rule in the Bank Administration Rules shall be read as references to the corresponding rule in the Building Society Special Administration (Scotland) Rules 2009;
(c) references to the Act of 2009 shall be read as references to the Act of 2009, as applied and modified by  sections 84 and 90C  of the Building Societies Act 1986 and the Building Societies (Insolvency and Special Administration) Order 2009; and references to specific provisions in the Act of 2009 shall be read accordingly;
(d) references to “bank” shall be read as references to “building society”;
(e) references to “bank administration” shall be read as references to “building society special administration”;
(f) references to “bank administration order” shall be read as references to “building society special administration order”;
(g) references to “bank administrator” shall be read as references to “building society special administrator”;
(h) in rule 74.45(2)(e) (averments on power to appoint administrator or receiver), the words “an administrator under paragraph 14 of Schedule B1 to the Act of 1986 (holder of qualifying floating charge) or” and “an administrator or” shall be omitted;
(i) in rule 74.45(2)(f) (averments on insolvency proceedings), for “section 120 of the Act of 2009” substitute “section 90D of the Building Societies Act 1986”; and
(j) in rule 74.46(2) (representation at hearing of petition), subparagraph (f) shall be omitted.
(4) The following rules shall, with the necessary modifications, apply in relation to building society special administration procedure as they apply in relation to bank administration procedure:–
 ...
 ...
 rule 74.1 (application and interpretation of Chapter 74),
 rule 74.2 (proceedings before insolvency judge),
 rule 74.3 (notices and reports etc. sent to the court),
 rule 74.9 (form of applications).
PART X
74.52. 

(1) Subject to paragraph (3), Part VII of this Chapter applies to an application mentioned in paragraph (2) as it applies to an application for a bank insolvency order.
(2) An application referred to in paragraph (1) is an application for a building society insolvency order under the Act of 2009, as that Act is applied and modified by section 90C of the Building Societies Act 1986 and the Building Societies (Insolvency and Special Administration) Order 2009.
(3) In the application of Part VII of this Chapter under paragraph (1)—
(a) references to the Bank Insolvency Rules shall be read as references to the Building Society Insolvency (Scotland) Rules 2010;
(b) references to a rule in the Bank Insolvency Rules shall be read as references to the corresponding rule in the Building Society Insolvency (Scotland) Rules 2010;
(c) references to the Act of 2009 shall be read as references to the Act of 2009, as applied and modified by section 90C of the Building Societies Act 1986 and the Building Societies (Insolvency and Special Administration) Order 2009; and references to specific provisions in the Act of 2009 shall be read accordingly;
(d) references to any Part or provision of the Act of 1986 that is not applied by Part 2 of the Act of 2009 shall be read as references to that Part or provision as applied and modified by section 90A of, and Schedule 15A to, the Building Societies Act 1986;
(e) references to “bank” shall be read as references to “building society”;
(f) references to “bank administration” shall be read as references to “building society special administration”;
(g) references to “bank administrator” shall be read as references to “building society special administrator”;
(h) references to “bank insolvency order” shall be read as references to “building society insolvency order”;
(i) references to “bank liquidator” shall be read as references to “building society liquidator”;
(j) rule 74.36(1)(a)(iv) (intimation, service and advertisement) shall be disregarded; and
(k) in rule 74.36(1)(a)(vii), the reference to “section 120 of the Act of 2009” shall be read as a reference to “section 90D of the Building Societies Act 1986”.
(4) The following rules shall, with the necessary modifications, apply in relation to building society insolvency procedure as they apply in relation to bank insolvency procedure:—
 rule 74.1 (application and interpretation of Chapter 74),rule 74.2 (proceedings before insolvency judge),rule 74.3 (notices and reports etc. sent to the court)..
PART XI
74.53. 

(1) Unless the context otherwise requires, words and expressions used in this Part which are also used in the Investment Bank Rules have the same meaning as in those Rules.
(2) The following rules shall, with the necessary modifications, apply in relation to an application mentioned in rule 74.54 as they apply in relation to bank insolvency procedure or bank administration procedure—
 rule 5.1A (further restriction as to caveats),rule 33.9 (insolvency or death of cautioner or grantor),rule 74.1 (application and interpretation of Chapter 74),rule 74.2 (proceedings before insolvency judge),rule 74.3 (notices and reports, etc., sent to the court),rule 74.9 (form of other applications).
74.54. 

(1) An application for any of the following orders shall be made by petition—
(a) a special administration order under regulation 5 of the Investment Bank Regulations;
(b) a special administration (bank insolvency) order under section 95 of the Act of 2009, as applied by Schedule 1 to the Investment Bank Regulations;
(c) a special administration (bank administration) order under section 142 of the Act of 2009, as applied by Schedule 2 to the Investment Bank Regulations.
(2) A petition referred to in paragraph (1) shall include averments on the following matters—
(a) the name and address of the person whom it is proposed should be appointed as administrator and his or her qualification to act;
(b) the grounds upon which the petition is made, and the reasons why the petitioner considers that those grounds are satisfied;
(c) in the case of an application for a special administration (bank administration) order, confirmation that the conditions for applying for such an order, as set out in section 143 of the Act of 2009, as applied by paragraph 6 of Schedule 2 to the Investment Bank Regulations) are met in respect of the investment bank;
(d) to the best of the petitioner’s knowledge and belief, the investment bank’s current financial position, including actual, contingent and prospective assets and liabilities;
(e) any security known or believed to be held by the creditors of the investment bank;
(f) in the case of an application for a special administration (bank administration) order, details of the property transfer instrument which the Bank of England has made or intends to make in respect of the investment bank;
(g) in the case of an application for a special administration (bank administration) order, where the property transfer instrument has not yet been made, an explanation of what effect the instrument is likely to have on the investment bank’s financial position;
(h) to the best of the petitioner’s knowledge and belief, the amount of any client assets held by the investment bank;
(i) how functions are to be apportioned where more than one person is to be appointed as administrator and, in particular, whether functions are to be exercised jointly or by any or all the persons appointed;
(j) any other matters which the petitioner considers will assist the court in deciding whether to make a special administration order, a special administration (bank administration) order or a special administration (bank insolvency) order; and
(k) any insolvency proceedings which have been instituted in respect of the investment bank, including any process notified to the  Financial Conduct Authority or the Prudential Regulation Authority  under section 120 of the Act of 2009, as applied by paragraph 7 of Schedule 1 to the Investment Bank Regulations.
(3) Averments referred to in paragraph (2)(b) shall refer to one or more of the grounds set out in regulation 6 of the Investment Bank Regulations or section 96 or section 143 of the Act of 2009, as the case may be.
74.55. 

(1) Unless the court otherwise directs, the order under rule 14.5 (first order in petitions) for intimation, service and advertisement of the petition shall include a requirement—
(a) where the investment bank is not the petitioner or one of the petitioners, to serve the petition on the investment bank;
(b) to advertise the petition immediately—
(i) once in the Edinburgh Gazette; and
(ii) once in one or more such newspapers as the court shall direct.
(2) Subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to the petition shall be eight days.
(3) An advertisement under paragraph (1) shall include—
(a) the name and address of the petitioner and, where the petitioner is the investment bank, its registered office;
(b) the name and address of the agent for the petitioner;
(c) the date on which the petition was presented;
(d) the nature of the order sought;
(e) where a person has been appointed by the court under section 135 of the Act of 1986, as applied by paragraph 8 of Schedule 1 or paragraph 6 of Schedule 2 to the Investment Bank Regulations, his or her name and address and the date of his or her appointment;
(f) the period of notice for lodging answers;
(g) a statement that any person who intends to appear in the petition must lodge answers within the period of notice.
74.56. 

(1) An application to appoint a person under section 135 of the Act of 1986, as applied by paragraph 8 of Schedule 1 or paragraph 6 of Schedule 2 to the Investment Bank Regulations, may be made in the prayer of the petition referred to in rule 74.54 or, if made after the petition has been presented, by note.
(2) The application mentioned in paragraph (1) shall include averments on the following matters—
(a) the grounds upon which it is proposed that the person should be appointed;
(b) the name and address of the person whom it is proposed should be appointed;
(c) confirmation that the person whom it is proposed should be appointed has consented to that appointment;
(d) confirmation that the person whom it is proposed should be appointed is qualified to act as a person under section 135 of the Act of 1986, as relevantly applied;
(e) whether to the applicant’s knowledge there has been proposed or is in force for the investment bank a company voluntary arrangement under Part 1 of the Act of 1986;
(f) the applicant’s estimate of the value of the assets in respect of which the person is to be appointed;
(g) the functions the applicant wishes to be carried out by the person to be appointed in relation to the investment bank’s affairs.
(3) An order appointing any person as referred to in paragraph (1) shall specify the functions to be carried out in relation to the investment bank’s affairs and how those functions are to be apportioned where more than one person is to be so appointed and, in particular, shall specify whether functions are to be exercised jointly or by any or all the persons appointed.
(4) Where the court decides to appoint a person as referred to in paragraph (1)—
(a) it shall pronounce an interlocutor making the appointment and specifying the functions to be carried out by the appointed person in relation to the affairs of the investment bank; and
(b) it shall forthwith send a copy of the interlocutor to the person appointed.
(5) On receiving a certified copy of an interlocutor pronounced under paragraph (4)(a), the person appointed shall intimate his appointment forthwith—
(a) once in the Edinburgh Gazette; and
(b) once in one or more such newspapers as the court has directed.
(6) An application for the discharge of a person appointed in accordance with this rule shall be made by note.
74.57. 

(1) Paragraph (2) shall apply where a report under paragraphs 53(2) or 54(6) of Schedule B1 to the Act of 1986 (report at conclusion of creditors’ meeting), as those provisions are applied and modified by regulation 15 of, or paragraphs 10(4) or 11(8) of Schedule 2 to, the Investment Bank Regulations, discloses a failure to approve, or to approve a revision of, an administrator’s proposals.
(2) The Deputy Principal Clerk shall fix a hearing for determination by the insolvency judge of any order that may be made under paragraph 55(2) of Schedule B1 to the Act of 1986, as that provision is applied and modified by regulation 15 of the Investment Bank Regulations or by section 145 of the Act of 2009 and paragraph 6 of Schedule 2 to the Investment Bank Regulations.
74.58. 

(1) The time and date of lodging of a notice or document relating to a special administration, special administration (bank insolvency) or special administration (bank administration) shall be noted by the Deputy Principal Clerk upon the notice or document.
(2) Subject to any provision in the Investment Bank Rules—
(a) where the time of lodging of a notice or document cannot be ascertained by the Deputy Principal Clerk, the notice or document shall be deemed to have been lodged at 10 a.m. on the date of lodging;
(b) where a notice or document under paragraph (1) is delivered on any day other than a business day but is not lodged on that day, the date of lodging shall be the first business day after such delivery.
74.59. 

(1) An appeal under section 49(6) of the Bankruptcy (Scotland) Act 1985, as applied by rule 127 of the Investment Bank Rules (appeal by a creditor or contributory of the investment bank against a decision of the administrator) shall be made by note.
(2) A note under paragraph (1) shall be served on the administrator.
(3) On such a note being served on the administrator, the administrator shall send the claim in question, and a copy of his or her adjudication, forthwith to the Deputy Principal Clerk who shall cause them to be lodged in process.
(4) After the note has been disposed of, the Deputy Principal Clerk shall return the claim and the adjudication to the administrator with a copy of the interlocutor disposing of the note.
74.60. 

(1) An application by an administrator under section 176A of the Act of 1986 (share of assets for unsecured creditors), as applied by Table 2 in regulation 15 of, or paragraph 6 of Schedule 2 to, the Investment Bank Regulations, shall be made by note in the existing special administration process.
(2) The Deputy Principal Clerk shall—
(a) after the lodging of any note fix a hearing for the insolvency judge to consider an application under paragraph (1); and
(b) give notice of the hearing fixed under paragraph (2)(a) to the noter.
(3) The noter shall not be required to give notice to any person of the hearing fixed under paragraph (2)(a), unless the insolvency judge directs otherwise.
74.61. 

(1) An application or appeal under any provision of the Act 1986 as applied by the Act of 2009, the Investment Bank Regulations or the Investment Bank Rules during a special administration, special administration (bank insolvency) or special administration (bank administration) shall be made—
(a) where no previous application or appeal has been made, by petition; or
(b) where a petition for an order in respect of a special administration, special administration (bank insolvency) or special administration (bank administration) has been lodged, by note in the process of that petition.
CHAPTER 75
PART I
75.1 

(1) This  Part  applies to an application, under the Financial Services Act 1986, mentioned in rule 75.2.
(2) In this  Part–
 “the Act of 1986” means the Financial Services Act 1986;
 “designated agency” has the meaning assigned in section 114(3) of the Act of 1986.
75.2 

(1) An application under any of the following provisions of the Act of 1986 shall be made by petition:–
(a) sections 6, 61, 71(1), 91(4), 104(4), 131(8) and 184(8) (applications by Secretary of State or designated agency for interdict or restitution);
(b) sections 12, 20, 37(8) and 39(8) (applications by Secretary of State or designated agency for compliance orders);
(c) section 93 (applications by Secretary of State or designated agency to remove or replace a manager or trustee or to wind up a unit trust scheme); and
(d) Schedule 11–
(i) paragraph 6(1) (applications by the Friendly Societies Commission for compliance orders);
(ii) paragraph 7(4) (applications by recognised self regulating organisations to set aside a direction);
(iii) paragraph 22 (applications by the Friendly Societies Commission for interdict or to remedy a contravention); and
(iv) paragraph 23(1) so far as it modifies section 61 as applied by section 71(1) (applications by the Friendly Societies Commission for interdict or restitution).
(2) Certification by inspectors or the court by virtue of section 94(3), or under section 178(1), of the Act of 1986 shall be made by petition.
75.3 
An order under any of the following provisions of the Act of 1986 shall only be made following intimation and service of the petition to the person against whom the order is to be made:–
(a) section 6 (interdict and restitution orders);
(b) section 61 (interdict and restitution orders);
(c) section 71(1) (orders in respect of breach of prohibition or requirement);
(d) section 91(4) (orders in respect of contravention of a direction);
(e) section 104(4) (orders in respect of contravention of a requirement);
(f) section 131(8) (orders in respect of contravention of restrictions on promotion of contracts of insurance);
(g) section 184(8) (orders in respect of contravention of notice of restriction of investment or insurance business); and
(h) paragraph 22 of Schedule 11 (interdict of regulated friendly society).
75.4 
Where a question of the interpretation of any of the rules or regulations referred to in section 61(1)(a) of the Act of 1986 arises in a petition under this rule, the Secretary of State, a designated agency, or any person referred to in section 61(1)(a)(iv) of that Act, and not already a party in the cause, shall be given the opportunity to make representations to the court by lodging answers to the petition.
PART II
75.5 
In this Part—
 “operator” has the meaning assigned in regulation 3(1) of the Regulations of 1995;
 “the Regulations of 1995” means the Uncertificated Securities Regulations 1995.
75.6 
An application under regulation 8 (application by Secretary of State for compliance order), or regulation 9 (application by Secretary of State for interdict or restitution), of the Regulations of 1995 shall be made by petition.
75.7 
An order under regulation 9 of the Regulations of 1995 shall only be made following intimation and service of the petition—
(a) on the person against whom the order is to be made; and
(b) on the operator.
75.8 
Where a question of the interpretation of any of the rules of an operator referred to in regulation 9(1)(a) of the Regulations of 1995 arises in a petition under this rule, the Secretary of State and the operator, if not already parties, shall be given the opportunity to make representations to the court by lodging answers to the petition.
CHAPTER 76
 PART IA
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PART I
76.1 
In this Part–
 “the Act of 1995” means the Proceeds of Crime (Scotland) Act 1995;
 “administrator” means the person appointed under paragraph 1(1) of Schedule 1 to the Act of 1995;
 “restraint order” has the meaning assigned in section 49(1) of the Act of 1995.
76.2 
The following rules shall not apply to a petition or note mentioned in this Part:–
 rule 14.5 (first order in petitions),
 rule 14.6(1) (period of notice for lodging answers),
 rule 14.7 (intimation and service of petitions),
 rule 14.9 (unopposed petitions).
76.3 

(1) An application under section  28(1) of the Act of 1995  (application for restraint order) shall be made by petition.
(2) Where the court pronounces an interlocutor making a restraint order, the Lord Advocate shall serve a certified copy of that interlocutor on every person named in the interlocutor as restrained by the order.
(3) Where the application is made under the said section as applied by article 4 of the Confiscation of the Proceeds of Crime (Designated Countries and Territories) (Scotland) Order 1999 (application in relation to certain external confiscation orders etc.) or by article 4 of the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Scotland) Order 1999 (application in relation to certain external forfeiture orders etc.), there shall be appended to the petition a certificate in conformity with paragraph (b) of subsection (3) of the section as so applied by the article in question; but that certificate, as so appended, shall not include a statement of information or belief with the sources and grounds thereof if the prayer includes an application for a direction under that paragraph.
(4) Where the court grants the prayer of the petition in an application such as is mentioned in paragraph (3) but declines to make such direction as is so mentioned, the petitioner shall forthwith lodge in process, as an addendum to the certificate which was appended to the petition, a statement of information or belief with the sources and grounds thereof.
76.4 

(1) An application under any of the following provisions of  the Act of 1995  shall be made by note in the process containing the interlocutor making the restraint order to which the application relates:–
(a) section 29(4) or (5) (recall of restraint order in relation to realisable property);
(b) section 30(3) or (4) (recall of restraint order in relation to forfeitable property);
(c) section 31(1) (variation or recall of restraint order);
(d) section 32(5) (recall or restriction of inhibition);
(e) section 33(4) (recall or restriction of arrestment).
(2) In respect of an application by note under paragraph (1) by a person having an interest for an order under section  31(1)(b) of the Act of 1995 –
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to the note shall be 14 days.
(3) An application ... under section 31(1)(a) of the Act of 1995  to extend a restraint order shall not be intimated, served or advertised before the application is granted.
(4) An application  by the Lord Advocate under section 32(1) or 33(1)  (warrant for inhibition) of the Act of 1995, or by the prosecutor under section 33(1) (warrant for arrestment) of that Act,  may be made–
(a) in the prayer of the petition under section  28(1) of that Act; or
(b) if made after the petition has been presented, by motion which shall not be intimated.
(5) An application under section  32(1)(a) (recall, loosing or restriction of inhibition), or section 33(2) (recall, loosing or restriction of arrestment), of the Act of 1995  shall be made by motion.
(6) An application under section  28(8) of the Act of 1995  (interdict) may be be made–
(a) in the prayer of the petition under section  28(1)  of that Act; or
(b) if made after the petition has been presented, by note in the process of that petition.
(7) An application by note under paragraph (6)(b) shall not be intimated, served or advertised before the application is granted.
(7A) Where the court, having pronounced an interlocutor making a restraint order, interdicts a person not subject to that order from dealing with property affected by it while it is in force, the Lord Advocate shall so intimate to that person.
(8) Where the court pronounces an interlocutor granting an application mentioned in paragraph (3) or (4), the Lord Advocate shall serve a certified copy of that interlocutor on the persons affected by it.
(9) At the time at which he complies with section 31(6) of the Act of 1995 (informing of persons interdicted in relation to a restraint order that the order is recalled), the clerk of court (or as the case may be the Deputy Principal Clerk) shall record in the process when and how the person in question was so informed.
76.5 
An application under section  17 (compensation) of the Act of 1995  shall be made by petition.
76.6 
An application under section  20 of the Act of 1995  (disclosure of information held by government departments) may by made–
(a) by petition;
(b) where there is a restraint order in force, by note in the process of the petition for that restraint order; or
(c) where an administrator has been appointed, by note in the process of the petition to appoint him.
76.7 

(1) An application under section  paragraph 1(1) of Schedule 1 to the Act of 1995  (appointment of administrators) shall be made–
(a) where a restraint order has been made, by note in the process of the petition for that restraint order; or
(b) in any other case, by petition.
(2) The notification to be made by the clerk of court under  paragraph 1(3)(a) of Schedule 1 to the Act of 1995  shall be made by intimation of a certified copy of the interlocutor to the person required to give possession of property to an administrator.
76.8 

(1) An application under any of the following provisions of  Schedule 1 to the Act of 1995  shall be made by note in the process of the petition for appointment of the administrator:–
(a) paragraph 1(1) with respect to an application after appointment of an administrator to require a person to give property to him;
(b) paragraph 1(4)   (making or altering a requirement or removal of administrator);
(c) paragraph 1(5)  (appointment of new administrator on death, resignation or removal of administrator);
(d) paragraph 2(1)(n)  (directions as to functions of administrator); and
(e) paragraph 4  (directions for application of proceeds).
(2) An application under any of the following provisions of  Schedule 1 to the Act of 1995  shall be made in the prayer of the petition for appointment of an administrator under  paragraph 1(1) of that Schedule  or, if made after the petition has been presented, by note in that process:–
(a) section   paragraph 2(1)(o)   (special powers of administrator);
(b) paragraph 2(3)  (vesting of property in administrator); and
(c) paragraph 12  (orders to facilitate the realisation  of  property).
76.9 
Where the court considers making an order under  paragraph 12(1) of Schedule 1 to the Act of 1995  (order to facilitate the realisation of property)–
(a) the court shall fix a date for a hearing on the Motion Roll in the first instance; and
(b) the petitioner or noter, as the case may be, shall serve a notice in Form 76.9 on any person who has an interest in the property.
76.10 

(1) A person who has lodged any document in the process of an application for the appointment of an administrator shall forthwith send a copy of that document to the Accountant of Court.
(2) The clerk of session in the Petition department shall transmit to the Accountant of Court any part of the process as the Accountant of Court may request in relation to an administration which is in dependence before the court unless such part of the process is, at the time of request, required by the court.
76.11 

(1) Rule 61.9 (finding caution in judicial factories), except paragraph (4), shall, with the necessary modifications, apply to the finding of caution by an administrator under this Part as it applies to the finding of caution by a judicial factor.
(2) A certified copy of the interlocutor appointing an administrator shall not be issued by a clerk of session until the Accountant of Court has given written intimation to the Petition Department that caution has been found or other security given.
76.12 
An administrator shall not be entitled to act until he has obtained a certified copy of the interlocutor appointing him.
76.13 

(1) The administrator shall, as soon as possible, but within 3 months after the date of his appointment, lodge with the Accountant of Court–
(a) an inventory of the property in respect of which he has been appointed;
(b) all vouchers, securities, and other documents which are in his possession; and
(c) a statement of that property which he has in his possession or intends to realise.
(2) An administrator shall maintain accounts of his intromissions with the property in his charge and shall, subject to paragraph (3)–
(a) within 6 months after the date of his appointment, and
(b) at 6 monthly intervals after the first account during the subsistence of his appointment,
lodge with the Accountant of Court an account of his intromissions in such form, with such supporting vouchers and other documents, as the Accountant of Court may require.
(3) The Accountant of Court may waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period.
76.14 

(1) The administrator shall–
(a) where there are funds available for division, prepare a state of funds after application of sums in accordance with section  paragraph 4(2) of Schedule 1 to the Act of 1995  and a scheme of division amongst those who held property which has been realised under that Act and lodge them and all relevant documents with the Accountant of Court; or
(b) where there are no funds available for division, prepare a state of funds only and lodge it with the Accountant of Court, and give to the Accountant of Court such explanations as he shall require.
(2) The Accountant of court shall–
(a) make a written report on the state of funds and any scheme of division including such observations as he considers appropriate for consideration by the Lord Ordinary; and
(b) return the state of funds and any scheme of division to the administrator with his report.
(3) The administrator shall, on receiving the report of the Accountant of Court–
(a) lodge in process the report, the state of funds and any scheme of division;
(b) intimate a copy of it to the Lord Advocate; and
(c) intimate to each person who held property which has been realised under the Act of  1995 a notice stating–
(i) that the state of funds and scheme of division or the state of funds only, as the case may be, and the report of the Accountant of Court, have been lodged in process;
(ii) the amount for which that person has been ranked, and whether he is to be paid in full, or by a dividend, and the amount of it, or that no funds are available for payment.
76.15 

(1) A person wishing to be heard by the court in relation to the distribution of property under  paragraph 4(3) of Schedule 1 to the Act of 1995  shall lodge a note of objection in the process to which the scheme of division relates within 21 days of the date of the notice intimated under rule 76.14(3)(c).
(2) After the period for lodging a note of objection has expired and no note of objection has been lodged, the administrator may apply by motion for approval of the scheme of division and state of funds, or the state of funds only, as the case may be.
(3) After the period for lodging a note of objection has expired and a note of objection has been lodged, the Lord Ordinary shall dispose of such objection after hearing any objector and the administrator and making such inquiry as he thinks fit.
(4) If any objection is sustained to any extent, the necessary alterations shall be made to the state of funds and any scheme of division and shall be approved by the Lord Ordinary.
76.16 

(1) Where the scheme of division is approved by the court and the administrator has paid, delivered or conveyed to the persons entitled the sums or receipts allocated to them in the scheme, the administrator may apply for his discharge.
(2) An application for discharge of the administrator shall be made by note in the process of the application under  paragraph 1(1) of Schedule 1 to the Act of 1995.
76.17 

(1) An appeal under  paragraph 6(2) of Schedule 1 to the Act of 1995  (appeal against a determination by the Accountant of Court), shall be made by note in the process  in which the administrator was appointed.
(2) Where a note is lodged under paragraph (1), the Keeper of the Rolls shall put the cause out on the By Order Roll on the first available day for a hearing before the Lord Ordinary.
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PART II
76.19 
In this Part–
 “the Act  of 1989” means the Prevention of Terrorism (Temporary Provisions) Act 1989;
 “administrator” shall be construed in accordance with paragrapfi h 11(1)(b) of Schedule 4 to the Act of 1989;
 “the Order of 1995” means the Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995;
 “restraint order” means an order made under paragraph 13(1) of Schedule 4 to the Act of 1989.
76.20 
The following rules shall not apply to a petition or note mentioned in this Part:–
 rule 14.5 (first order in petitions),
 rule 14.6 (1) (period of notice for lodging answers),
 rule 14.7 (intimation and service of petitions),
 rule 14.9 (unopposed petitions).
76.21 

(1) An application under paragraph 14(1) of Schedule 4 to the Act of 1989 (restraint order), shall be made by petition.
(2) Where the court pronounces an interlocutor making a restraint order, the Lord Advocate shall serve a certified copy of that interlocutor on every person named in the interlocutor as restrained by the order.
76.22 

(1) An application under any of the following provisions of Schedule 4 to the Act of 1989 shall be made by note in the process containing the interlocutor making the restraint order to which the application relates:–
(a) paragraph 13(4) (discharge of a restraint order);
(b) paragraph 14(2) (variation or recall of restraint order); and
(c) paragraph 14(3) (recall of restraint order).
(2) Subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to a note under paragraph (1)(b) of this rule  by any person affected by a restraint order shall be 14 days.
(3) An application under paragraph 16(1) (warrant for inhibition), or 16A(1) (warrant for arrestment),  of Schedule 4 to the Act of 1989 ... may be made–
(a) in the prayer of the petition under paragraph 13(1) of Schedule 4 to the Act of 1989; or
(b) if made after the petition has been presented, by motion which shall not be intimated.
(4) Any of the following applications under Schedule 4 to the Act of 1989 shall be made by motion:–
(a) an application to recall, loose or restrict an inhibition under paragraph 16(2)(a);
(b) an application under paragraph 16(6)(a) (recall or restriction of inhibition);
(c) an application to recall, loose or restrict an arrestment under paragraph 16A(2); or
(d) an application under paragraph 16A(4) (recall or restriction of arrestment).
76.23 
An application under paragraph 17(1) of Schedule 4 to the Act of 1989 (compensation) shall be made by petition.
76.24 
Subject to any condition or exception specified by the court, an administrator appointed under paragraph 11(1)(b) of Schedule 4 to the Act of 1989–
(a) may take possession of the property in respect of which he has been appointed and of any document which–
(i) is in the possession or control of the person in whom the property is vested; and
(ii) relates to the property;
(b) may have access to, and copy, any document relating to the property and not in such possession or control as is mentioned in sub-paragraph(a);
(c) may bring, defend or continue any legal proceedings relating to the property;
(d) may borrow money in so far as it is necessary to do so to safeguard the property and may for the purposes of such borrowing create a security over any part of the property;
(e) may, if the administrator considers that to do so would be beneficial for the management and the realisation of the property, enter into any contract, or execute any deed, with respect to the property;
(f) may effect or maintain insurance policies with respect to the property;
(g) may, where the person in whom the property is vested has not completed title to any of the property, complete title to it: provided that completion of title in the name of the person in whom the property is vested shall not validate by accretion any unperfected right in favour of any person other than the administrator;
(h) may sell (but not to himself or an accociate of his) the property and redeem any obligation secured on that property;
(i) may discharge any of his functions through agents or employees: provided that the administrator shall be personally liable to meet the fees and expenses of any such agents or employees out of such remuneration as is payable to the administrator by virtue of paragraph 12(2) and (3) of Schedule 4 to the Act of 1989;
(j) may take such professional advice as he considers necessary for the proper discharge of his functions;
(k) may at any time apply to the court for directions with respect to the exercise of his powers and duties;
(l) may exercise any power conferred on him by the court whether such power was conferred at the time of his appointment or on his subsequent application to the court; and
(m) may do anything incidental to the above powers and duties.
(2) Subject to the proviso to sub-paragraph (g) of paragraph (1)–
(a) a person dealing with an administrator in good faith and for value shall not require to determine whether the administrator is acting within the powers mentioned in that sub-paragraph; and
(b) the validity of any title shall not be challengeable by reason only of the administrator having acted outwith those powers.
(3) The exercise of a power mentioned in any of sub-paragraphs (c) to (h) of paragraph (1) shall be in the name of the person in whom the property is vested.
76.25 

(1) The administrator shall, as soon as possible, but within 3 months after the date of his appointment, lodge with the Accountant of Court–
(a) an inventory of the property in respect of which he has been appointed;
(b) all land certficates, title deeds, vouchers and other documents which relate to that property and are in his possession; and
(c) a statement of the property which he has in his possession or intends to realise.
(2) An administrator shall maintain accounts of his intromissions with the property in his charge and shall–
(a) lodge an account of his intromissions with the Accountant of Court in such form as the Accountant of Court may require–
(i) 6 months after the date of his appointment; and
(ii) at 6 monthly intervals after the first account during the subsistence of his appointment, unless the Accountant of Court agrees to waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period; and
(b) lodge, with the account of his intromissions, all such supporting vouchers and other documents as the Accountant of Court may require.
76.26 

(1) Subject to paragraph (2), any money received by an administrator in the exercise of his powers and duties shall be deposited by him in an appropriate bank or institution, in the name of the person in whom the property is vested.
(2) The administrator may, at any time, retain in his hands a sum of money not exceeding £200.
(3) In paragraph (1), “appropriate bank or institution” means the Bank of England, an institution authorised under the Banking Act 1987 or a person for the time being specified in Schedule 2 to that Act.
PART III 
 76.27  

(1) In this Part–
(a) “the Act of 2002” means the Proceeds of Crime Act 2002;
(b) “the Overseas Forfeiture Order of 2005” means the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005;
(c) “the POCA Order of 2005” means the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005;
(d) “external order” has the meaning given in section 447(2) of the Act of 2002;
(e) references to an administrator are to an administrator appointed under section 125(1) or 128(3) of the Act of 2002, article 10(1) or 18(2) of the Overseas Forfeiture Order of 2005 or article 63(1) or 73(2) of the POCA Order of 2005.
(2) This Part applies to applications under–
(a) Parts 3 and 5 of the Act of 2002;
(b) Part 8 of the Act of 2002 in relation to property that is the subject of a civil recovery investigation;
(c) the Overseas Forfeiture Order of 2005 except article 13 (application to give effect to external forfeiture orders) and article 16 (registration of external orders);
(d) Parts 3 and 5 of the POCA Order of 2005 except article 66 (application to give effect to external orders) and article 69 (registration of external orders).
76.28 

(1) An application under the following provisions shall be made by petition:–
(a) section 121(1) of the Act of 2002 (restraint orders);
(b) section 125(1) of the Act of 2002 (management administrators);
(c) section 128(2) of the Act of 2002 (enforcement administrators);
(d) article 6(1) of the Overseas Forfeiture Order of 2005 (restraint orders);
(e) article 10(1) of the Overseas Forfeiture Order of 2005 (management administrators);
(f) article 18(2) of the Overseas Forfeiture Order of 2005 (enforcement administrators);
(g) article 59(1) of the POCA Order of 2005 (restraint orders);
(h) article 63(1) of the POCA Order of 2005 (management administrators); and
(i) article 73(2) of the POCA Order of 2005 (enforcement administrators).
(2) An application under the following provisions shall be made by note in process:–
(a) section 121(5) of the Act of 2002 (recall and variation of restraint orders);
(b) section 134(2) of the Act of 2002 (protection of persons affected);
(c) section 140(1)(b) of the Act of 2002 (variation or discharge of confiscation orders);
(d) article 6(4) of the Overseas Forfeiture Order of 2005 (recall or variation of restraint orders);
(e) article 22(2) of the Overseas Forfeiture Order of 2005 (protection of persons affected);
(f) article 59(4) (recall or variation of restraint orders) of the POCA Order of 2005;
(g) article 81(2) (protection of persons affected) of the POCA Order of 2005.
(3) An application under the following provisions shall be made by motion:–
(a) section 123(1) and (7) of the Act of 2002 (inhibition of property affected by restraint order);
(b) section 124(1) and (6) of the Act of 2002 (arrestment of property affected by restraint order);
(c) section 135(1) of the Act of 2002 (recall and variation of order appointing administrator);
(d) article 8(1) and (7) of the Overseas Forfeiture Order of 2005 (inhibition of property affected by restraint order);
(e) article 9(1) and (6) of the Overseas Forfeiture Order of 2005 (arrestment of property affected by restraint order);
(f) article 23(1) of the Overseas Forfeiture Order of 2005 (recall and variation of order appointing administrator);
(g) article 61(1) and (7) of the POCA Order of 2005 (inhibition of property affected by restraint order);
(h) article 62(1) and (6) of the POCA Order of 2005 (arrestment of property affected by restraint order; and
(i) article 82(1) of the POCA Order of 2005 (recall and variation of order appointing administrator).
(4) Before granting an application under the following provisions, the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit:–
(a) section 121(1) of the Act of 2002 (restraint orders);
(b) section 123(1) of the Act of 2002 (inhibition of property affected by restraint order);
(c) section 124(1) of the Act of 2002 (arrestment of property affected by restraint order);
(d) article 6(1) of the Overseas Forfeiture Order in Council of 2005 (restraint orders);
(e) article 8(1) of the Overseas Forfeiture Order of 2005 (inhibition of property affected by restraint order);
(f) article 9(1) of the Overseas Forfeiture Order of 2005 (arrestment of property affected by restraint order);
(g) article 59(1) of the POCA Order of 2005 (restraint orders);
(h) article 61(1) of the POCA Order of 2005 (inhibition of property affected by restraint order); and
(i) article 62(1) of the POCA Order of 2005 (arrestment of property affected by restraint order).
76.29 

(1) A person who has lodged any document in the process of an application for the appointment of an administrator shall forthwith send a copy of that document to the Accountant of Court.
(2) The clerk of session in the Petition department shall transmit to the Accountant of Court any part of the process as the Accountant of Court may request in relation to an administration which is in dependence before the court unless such part of the process is, at the time of request, required by the court.
76.30 

(1) Rule 61.9 (finding caution in judicial factories) shall, with the necessary modifications, apply to the finding of caution by an administrator under this Part as it applies to the finding of caution by a judicial factor.
(2) A certified copy of the interlocutor appointing an administrator shall not be issued by a clerk of session until the Accountant of Court has given written intimation to the Petition Department that caution has been found or other security given.
76.31 

(1) Where the time within which caution is to be found is not stipulated in the interlocutor appointing the administrator, the time allowed for finding caution shall be, subject to paragraph (2) of this rule, limited to one calendar month from the date of the interlocutor.
(2) The court may, on application made before the expiry of the period for finding caution, and, on cause shown, allow further time for finding caution.
76.32 
An administrator shall not be entitled to act until he has obtained a certified copy of the interlocutor appointing him.
76.33 

(1) An administrator shall maintain accounts of his intromissions with the property in his charge and shall, subject to paragraph (2)–
(a) within six months after the date of his appointment; and
(b) at six monthly intervals after the first account during the subsistence of his appointment,
lodge with the Accountant of Court an account of his intromissions in such form, with such supporting vouchers and other documents, as the Accountant of Court may require.
(2) The Accountant of Court may waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period.
76.34 
An application to the court for the discharge of an administrator shall be made by minute in the process of the application in which the administrator was appointed.
76.35 

(1) An appeal under–
(a) paragraph 9(1) of Schedule 3 to the Act of 2002 (appeal against a determination by the Accountant of Court);
(b) paragraph 9(1) of Schedule 1 to the Overseas Forfeiture Order of 2005 (appeal against a determination by the Accountant of Court); or
(c) paragraph 9(1) of Schedule 1 to the POCA Order of 2005 (appeal against a determination by the Accountant of Court),
shall be made by note in the process in which the administrator was appointed.
(2) Where a note is lodged under paragraph (1), the Keeper of the Rolls shall put the cause out on the By Order Roll on the first available day for a hearing before the Lord Ordinary.
 76.36 

(1) An application for a recovery order under section 244(1) of the Act of 2002 (proceedings for recovery orders in Scotland) or article 144(1) of the POCA Order of 2005 (proceedings for a recovery order pursuant to the registration of an external order) shall be made by petition.
(2) There shall be produced with a petition in respect of an application under article 144 of the POCA Order of 2005 a copy of the external order which is sought to be registered.
(3) Where the court grants an application under article 144 of the POCA Order of 2005 the Deputy Principal Clerk shall enter the external order in the register of orders under the POCA Order of 2005.
(4) An application for a prohibitory property order under section 255A(1) of the Act of 2002 or article 161(1) of the POCA Order of 2005   or for an interim administration order under section 256(1) of the Act of 2002 or article 67(1) of the POCA Order of 2005or a prohibition order under article 141ZD(1) of the POCA Order of 2005 shall be made–
(a) if the application is made before the enforcement authority has commenced proceedings for a recovery order, by petition; or
(b) if it is made after the enforcement authority has commenced such proceedings, by note in process.
(5) An application under the following provisions shall be made by note in process:–
(a) section 260(1) of the Act of 2002 (supervision of interim administrator);
(b) section 283(1) of the Act of 2002 (compensation);
(c) article 171(1) of the POCA Order of 2005 (supervision of interim administrator); and
(d) article 194(1) of the POCA Order of 2005 (compensation).
(6) An application under the following provisions shall be made by motion:–
(a) section 255E(1) and (6) of the Act of 2002 (arrestment of property affected by prohibitory property order);
(b) section 255F(1) and (6) of the Act of 2002 (inhibition of property affected by prohibitory property order);
(c) section 258(1) and (7) of the Act of 2002 (inhibition of property affected by interim administration order);
(d) article 141ZJ(2) or section 265(1) and (7) of the Act of 2002 (arrestment of property affected by interim administration order);
(e) article 165(1) and (6) of the POCA Order of 2005 (arrestment of property affected by prohibitory property order);
(f) article 166(1) and (6) of the POCA Order of 2005 (inhibition of property affected by prohibitory property order);
(g) article 169(1) and (7) of the POCA Order of 2005 (inhibition of property affected by interim administration order); and
(h) article 176(1) and (7) of the POCA Order of 2005 (arrestment of property affected by interim administration order).
(i) article 141ZD(2) of the POCA Order of 2005 (variation and recall of prohibition order);
(j) article 141ZH(1) and (6)(a) of the POCA Order of 2005 (inhibition of property affected by prohibition order);
(k) article 141ZI(1) and (6) of the POCA Order of 2005 (arrestment of property affected by prohibition order).
(7) An application under the following provisions shall be made by motion by any party having an interest:–
(a) sections 255B(1) and 260(3) of the Act of 2002 (variation and recall of order);
(b) articles 162(1) and 171(3) of the POCA Order of 2005 (variation and recall of order).
(8) At the hearing of a motion under paragraph (7) the court may order that the application be made by note; and, in such a case, shall make an order for the lodging of answers to the note in process within such period as the court thinks fit.
(9) Before granting an application under the following provisions, the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit:–
(a) section 255E(1) and (6) of the Act of 2002;
(b) section 255F(1) and (6) of the Act of 2002;
(c) section 258(1) and (7) of the Act of 2002;
(d) section 265 (1) and (7) of the Act of 2002;
(e) article 165(1) and (6) of the POCA Order of 2005;
(f) article 166(1) and (6) of the POCA Order of 2005;
(g) article 169(1) and (7) of the POCA Order of 2005; and
(h) article 176(1) and (7) of the POCA Order of 2005.
(i) article 141ZH(1) and (6)(a) of the POCA Order of 2005;
(j) article 141ZI(1) and (6) of the POCA Order of 2005.
76.37 

(1) An application under section 391(1) of the Act of 2002 or article 50 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013 (disclosure orders) shall be by petition.
(2) Before the court grants an application referred to in paragraph (1), the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit.
(3) An application under section 396(4) of the Act of 2002 or article 55(2) of the Proceeds of Crime Act 2002 (External Investigations) Order 2013 (supplementary)   shall be by motion.
(4) Rule 4.11 (documents not to be borrowed) shall not apply to an application under section 391 of the Act of 2002.
(5) When an application is made under section 391 of the Act of 2002—
(a) the process shall be marked “Restricted Access”;
(b) only the petitioner may borrow or inspect documents lodged in process.
(6) The restrictions referred to in paragraph (5) shall apply for a period of 5 years from the date of the application.
(7) The petitioner may apply to the court by motion for extension of that 5 year period.
(8) Any person affected by a disclosure order may apply to the court by motion to have the restrictions mentioned in paragraph (5) varied.
(9) A motion under paragraph (7) or (8) shall be granted only on cause shown.
76.37A. 
An application under section 282D(4) of the Act of  2002  (evidence overseas: interim receiver or interim administrator) shall be made by note in process.
76.38 

(1) In this rule “the Order of 2002” means The Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002.
(2) An application for registration under paragraph 11 of the Order of 2002 shall be by petition.
(3) Before the court grants an application referred to in paragraph (2), the court may dispense with, postpone or order intimation to be made to such persons as it thinks fit
(4) Where the Court makes an order under paragraph 11 of the Order of 2002, the Deputy Principal Clerk of Session shall–
(a) register the order; and
(b) send a copy of the order to any person affected by it.
(5) An order referred to in the foregoing paragraph shall be final and shall not be subject to review.
CHAPTER 77
77.1 
This Chapter applies to a petition under section 26 of the Act of 1988 (summary trials).
77.2 
The following rules shall not apply to a petition under this Chapter:–
 14.5 (first order in petitions),
 14.6 (period of notice for lodging answers),
 14.7 (intimation and service of petitions),
 14.8 (procedure where answers lodged),
 14.9 (unopposed petitions).
77.3 
A petition for a summary trial shall contain–
(a) a concise narrative in numbered paragraphs of the facts or circumstances in relation to which the dispute or question arises;
(b) where the parties are agreed on the facts–
(i) a statement to that effect; and
(ii) a note of the questions which have arisen between them;
(c) where the parties are not agreed on the facts–
(i) a statement to that effect;
(ii) specification of the facts which are in dispute; and
(iii) a note of any further questions which may arise when the dispute of fact has been determined, or a reservation of such questions; and
(d) a prayer that the dispute or question be referred to a particular Lord Ordinary for his determination.
77.4 

(1) The petition shall be placed before the Lord Ordinary named in the petition on the earliest available day but, subject to paragraph (2), within 7 days after the date of presentation of the petition.
(2) Where the last day of the period specified in paragraph (1) falls in vacation without the petition having been brought before the Lord Ordinary, the petition shall be placed before the Lord Ordinary on the first sederunt day of the following term.
(3) On the petition being placed before the Lord Ordinary, he shall–
(a) where it appears that the parties are agreed on the facts, appoint the cause to be heard before him, in court or in chambers, on a date within 6 weeks (excluding days in vacation) after the date of the interlocutor appointing the hearing;
(b) where it appears that the parties are not agreed on the facts, appoint a proof to be taken before him in court or in chambers.
(4) The Lord Ordinary may take any hearing or proof, or any continuation of such hearing or proof, during session or vacation.
77.5 
Subject to any other provision in this Chapter, the petition shall follow such procedure as the parties may, with the consent of the Lord Ordinary, agree, or, failing such agreement, as the Lord Ordinary shall direct.
77.6 
The evidence led at a proof allowed under rule 77.4(3)(b) shall not be recorded, unless the parties so agree.
77.7 

(1) If at any stage of the cause it appears to the Lord Ordinary that the determination of the petition may affect the status of any person, the Lord Ordinary shall report the matter to the Inner House in accordance with Chapter 34.
(2) On receiving a report under paragraph (1), the Lord President may appoint the parties to show cause before a Division of the Inner House why the petition should proceed under section 26 of the Act of 1988; and the Inner House shall, after hearing parties and subject to any conditions as it thinks fit, direct that the petition shall proceed or refuse the prayer of the petition.
77.8 
Any decision of the Lord Ordinary shall be given effect to in an interlocutor and he may–
(a) pronounce any interlocutor which he thinks fit to enable his decision to be carried into effect; and
(b) dispose of all questions of expenses.
77.9 
An interlocutor of the Lord Ordinary shall be final, binding only on the parties to the petition, and shall not be subject to review.
77.10 

(1) In the event of the death, disability or absence of the Lord Ordinary before the petition has been determined, the petitioners may lodge a joint minute in Form 77.10 in process for the cause to be referred to another Lord Ordinary named in that minute.
(2) On such a joint minute being lodged in process, the cause shall be transferred to the Lord Ordinary named in that minute who shall take up the procedure at the point which had been reached by his predecessor.
(3) The Lord Ordinary to whom the cause is transferred under paragraph (2) may re-hear the evidence of any witness heard by his predecessor.
77.11 

(1) Where the parties to an action propose to adopt summary trial procedure by virtue of section 26(2) of the Act of 1988 (agreement to adopt summary trial procedure in action in dependence), they shall lodge in the process of the action a joint minute in Form 77.11.
(2) On such a joint minute being lodged in process, the Lord Ordinary shall pronounce an interlocutor directing that the action shall proceed as a summary trial.
(3) On an interlocutor being pronounced under paragraph (2), rules 77.3 to 77.10 shall, with the necessary modifications and the following modifications, apply to the further procedure in the action:–
(a) subject to sub-paragraph (b) of this paragraph, in rule 77.4, for the word “petition” there shall be substituted the words “record or other pleading”; and
(b) in rule 77.4, for the words “date of presentation of the petition”, there shall be substituted the words “date of the interlocutor pronounced under rule 77.11(2)”.
CHAPTER 78
78.1 
This Chapter applies to a special case under section 27 of the Act of 1988.
78.2 

(1) A special case shall be lodged with a process in the General Department.
(2) A special case shall, without appearance, be put out for hearing in the Summar Roll before the Inner House.
78.3 

(1) A special case may be amended by consent of the parties.
(2) Where parties seek to amend a special case, any one of them may apply by motion for leave to amend of consent.
78.4 

(1) Where a party to a special case is incapax by reason of nonage, insanity or otherwise, it shall be the duty of the other parties (which duty may be performed by any of them), on the lodging of the special case under rule 78.2(1), to apply by motion for the appointment of a curator ad litem to such incapax.
(2) A curator ad litem appointed under paragraph (1) shall be given all necessary information and facilities by the other parties to enable him to perform his duties.
(3) Where a curator ad litem is satisfied that the special case is fully and accurately stated in relation to the interests of the incapax, he may sign it as curator ad litem.
(4) Where a curator ad litem is not given all necessary information and facilities by the other parties, or is not satisfied that the special case is fully and accurately stated in relation to the interest of the incapax, he shall report the position to the Inner House which may then recall his appointment and dispose of the special case as it thinks fit.
(5) An award of expenses–
(a) may not be made against a curator ad litem; and
(b) may be made in favour of a curator ad litem as the court thinks fit.
CHAPTER 79
79.1 

(1) This Chapter applies to an application under section 8(1) of the Access to Health Records Act 1990 (application for order for holder of health record to comply with requirement of the Act).
(2) In this Chapter–
 “the Act of 1990” means the Access to Health Records Act 1990;
 “the Regulations” means the Access to Health Records (Steps to Secure Compliance and Complaints Procedures) (Scotland) Regulations 1991;
 “complaint” means a written notice of complaint under regulation 3 or 4 of the Regulations;
 “report” means a report under regulation 6 of the Regulations.
79.2 

(1) An application under section 8(1) of the Act of 1990 shall be made by petition.
(2) A petition under paragraph (1) shall state those steps prescribed in the Regulations which have been taken to secure compliance with the Act of 1990.
(3) On presentation of the petition, there shall be lodged in process as productions–
(a) a copy of the application under section 3 (access to health record) or section 6 (correction of inaccurate health record), as the case may be, of the Act of 1990;
(b) a copy of the complaint; and
(c) if applicable, a copy of the report.
79.3 
An application under section 8(1) of the Act of 1990 may not be made unless the petition is presented–
(a) where the applicant has received a report, within one year of the date after the report; or
(b) where the applicant has not received a report, within 18 months after the date of the complaint.
CHAPTER 80
80.1 

(1) This Chapter applies to an application made under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 in respect of a qualified conveyancer or executry practitioner.
(2) In this Chapter, “the Act of 1990” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
(3) The expressions “the Board”, “executry practitioner” and “qualified conveyancer” have the meanings assigned respectively in section 23 of the Act of 1990.
80.2 

(1) Subject to paragraph (4), an application under any of the following provisions of the Act of 1990 shall be made by petition:–
(a) section 17(6) (application following refusal to register as qualified conveyancer);
(b) section 18(7) (application following refusal to register as executry practitioner);
(c) section 20(7) (application for order to require practitioner to comply with direction);
(d) section 20(11)(b) (application following review of certain decisions of Board following misconduct etc.);
(e) section 21(5) (application following direction relating to assets);
(f) section 21(7) (application to secure compliance with direction);
(g) section 21(10) (application by the Board for interdict); and
(h) paragraph 20 of Schedule 1 (application for order to produce documents).
(2) An application under section 17(6), 18(7) or 20(11)(b) of the Act of 1990 shall state the date on which the outcome of the review was intimated to the petitioner.
(3) An application under section 21(5) of the Act of 1990 shall state the date on which the direction was received by the petitioner.
(4) An application for leave under section 21(10) of the Act of 1990 shall be made by motion.
80.3 

(1) A petition to which this Chapter applies shall be brought before a Division of the Inner House in chambers, and the Division may, without hearing parties and subject to the following paragraphs, make such order for intimation and service as it thinks fit.
(2) In an application under any of the following provisions of the Act of 1990, the court shall order service of the petition on the Board:–
(a) section 17(6) (application in respect of review of refusal to register as qualified conveyancer);
(b) section 18(7) (application following review of refusal to register as executry practitioner);
(c) section 20(11)(b) (application following review of certain decisions of the Board following misconduct etc.); and
(d) section 21(5) (application following direction relating to assets).
(3) In an application under any of the following provisions of the Act of 1990, the court shall order service of the petition on the executry practitioner or qualified conveyancer, as the case may be:–
(a) section 20(7) (application for order to require practitioner to comply with directions);
(b) section 21(7) (application to secure compliance with direction); and
(c) paragraph 20 of Schedule 1 (application for order to produce documents).
(4) In an application under section 21(10) of the Act of 1990 (application by the Board for interdict), the court shall order service of the petition on the executry or qualified practitioner, as the case may be, and on the bank, building society or other deposit holder.
80.4 
The court shall, after an order for intimation and service under rule 80.3, proceed on the petition summarily in such manner as it thinks fit.
80.5 

(1) In a petition to which this Chapter applies, the court may remit to any person to make further inquiry into the facts, or to take further evidence and to report to the court.
(2) On completion of a report made under paragraph (1), the person to whom the remit was made shall send his report and three copies of it, and a copy of it for each party, to the Deputy Principal Clerk.
(3) On receipt of such a report, the Deputy Principal Clerk shall–
(a) cause the report to be lodged in process; and
(b) give written intimation to each party that this has been done and that he may uplift a copy of the report from process.
(4) After the lodging of such a report, any party may apply by motion for an order in respect of the report or for further procedure.
CHAPTER 81
81.1 
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81.2 
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81.3 
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81.4 
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81.5 
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81.6 
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81.7 
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81.8 
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81.9 
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81.10 
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81.11 
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81.12 
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81.13 
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81.14 
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81.15 
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81.16 
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81.17 
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81.18 
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CHAPTER 82
82.1 

(1) This Chapter deals with various matters relating to the Human Rights Act 1998.
(2) In this Chapter–
 “the 1998 Act” means the Human Rights Act 1998;
 “declaration of incompatibility” has the meaning given by section 4 of the 1998 Act.
82.2 

(1) Evidence of any judgment, decision, declaration or opinion of which account has to be taken by the court under section 2 of the 1998 Act shall be given by reference to any authoritative and complete report of the said judgment, decision, declaration or opinion and may be given in any manner.
(2) Evidence given in accordance with paragraph (1) shall be sufficient evidence of that judgment, decision, declaration or opinion.
82.3 

(1) Where in any proceedings a party seeks a declaration of incompatibility or the court is considering whether to make such a declaration at its own instance–
(a) notice in Form 82.3-A shall be given as soon as reasonably practicable to such persons as the Lord President may from time to time direct–
(i) by the party seeking the declaration; or
(ii) by the clerk of court,
as the case may be, provided that there shall be no requirement to give such notice to a party or to the representative of a party; and
(b) where notice is given by the party seeking the declaration, the party shall lodge a certificate of notification in process.
(2) Where any–
(a) Minister of the Crown (or person nominated by him);
(b) member of the Scottish Executive;
(c) Northern Ireland Minister;
(d) Northern Ireland department,
wishes to be joined as a party to proceedings in relation to which the Crown is entitled to receive notice under section 5 of the 1998 Act he or, as the case may be, it shall serve notice in Form 82.3—B to that effect on the Deputy Principal Clerk of Session and shall serve a copy of the notice on all other parties to the proceedings.
82.4 
Within 14 days after the date of service of the notice under rule 82.3(2), the person serving the notice shall lodge a minute in the proceedings in Form 82.4 and shall serve a copy of that minute on all other parties to the proceedings.
82.5 
The court may fix a diet for a hearing on the question of incompatibility as a separate hearing from any other hearing in the proceedings and may sist the proceedings if it considers it necessary to do so while the question of incompatibility is being determined.
 Chapter 83 
 83.1  
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 83.2  
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 83.3  
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Chapter 84
84.1 
In this Chapter—
 “the Act of 2000” means the Terrorism Act 2000;
 “administrator” shall be construed in accordance with paragraph 16(1)(b) of Schedule 4 to the Act of 2000; and
 “restraint order” means an order under paragraph 18(1) of Schedule 4 to the Act of 2000.
84.2 

(1) Subject to any condition or exception specified by the court, an administrator appointed under paragraph 16(1)(b) of Schedule 4 to the Act of 2000—
(a) may take possession of the property in respect of which he has been appointed and of any document which—
(i) is in the possession or control of the person in whom the property is vested; and
(ii) relates to the property;
(b) may have access to, and copy, any document relating to the property and not in such possession or control as is mentioned in sub-paragraph (a);
(c) may bring, defend or continue any legal proceedings relating to the property;
(d) may borrow money in so far as it is necessary to do so to safeguard the property and may for the purposes of such borrowing create a security over any part of the property;
(e) may, if the administrator considers that to do so would be beneficial for the management and the realisation of the property, enter into any contract, or execute any deed, with respect to the property;
(f) may effect or maintain insurance policies with respect to the property;
(g) may, where the person in whom the property is vested has not completed title to any of the property, complete title to it: provided that completion of title in the name of the person in whom the property is vested shall not validate by accretion any unperfected right in favour of any person other than the administrator;
(h) may sell (but not to himself or an associate of his) the property and redeem any obligation secured on that property;
(i) may discharge any of his functions through agents or employees: provided that the administrator shall be personally liable to meet the fees and expenses of any such agents or employees out of such remuneration as is payable to the administrator by virtue of paragraph 17(2) of Schedule 4 to the Act of 2000;
(j) may take such professional advice as he considers necessary for the proper discharge of his functions;
(k) may at any time apply to the court for directions with respect to the exercise of his powers and duties;
(l) may exercise any power conferred on him by the court whether such power was conferred at the time of his appointment or on his subsequent application to the court; and
(m) may do anything incidental to the above powers and duties.
(2) Subject to the proviso to sub-paragraph (g) of paragraph (1)—
(a) a person dealing with an administrator in good faith and for value shall not require to determine whether the administrator is acting within the powers mentioned in that sub-paragraph; and
(b) the validity of any title shall not be challengeable by reason only of the administrator having acted outwith those powers.
(3) The exercise of a power mentioned in any of sub-paragraphs (c) to (h) of paragraph (1) shall be in the name of the person in whom the property is vested.
84.3 

(1) An application under paragraph 19(2) (recall or variation of restraint order) of Schedule 4 to the Act of 2000 shall be made by note in the process containing the interlocutor making the restraint order to which the application relates.
(2) Subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to a note under paragraph (1) of this rule by any person affected by a restraint order shall be 14 days.
Chapter 85
85.1 

(1) In this Chapter–
 “the Act of 2001” means the Protection from Abuse (Scotland) Act 2001;
 “documents” includes documents in electronic form; and
 “interdict” includes interim interdict.
 “incoming protection measure” has the meaning given by rule 106.1 (mutual recognition of protection measures: interpretation); 
(2) This Chapter does not apply to an application—
(a) under section 1(2) of the Act of 2001 to attach a power of arrest to an incoming protection measure; or
(b) under section 2(3) or 2(7) of the Act of 2001 relating to a power of arrest attached to an incoming protection measure.
85.2 

(1) An application under section 1(1) of the 2001 Act (application for attachment of power of arrest to interdict)–
(a) shall be made by a conclusion of the summons, the prayer of the petition, the defences, answers or counterclaim in which the interdict to which it relates is applied for, or, if made after the application for interdict, by motion in the process of the action in which the interdict was sought; and
(b) shall be intimated to the person against whom the interdict is sought or obtained.
(2) Where the court attaches a power of arrest under section 1(2)  or (1A) of the Act of 2001 (order attaching power of arrest) the following documents shall be served along with the power of arrest in accordance with section 2(1) of the Act of 2001 (documents to be served along with power of arrest)–
(a) a copy of the application for interdict;
(b) a copy of the interlocutor granting interdict; and
(c) where the application to attach a power of arrest was made after the interdict was granted, a copy of the certificate of service of the interdict.
(3) After the power of arrest has been served, the following documents shall be delivered by the person who obtained the power to the chief constable in accordance with section 3(1) of the Act of 2001 (notification to the police)–
(a) a copy of the application for interdict;
(b) a copy of the interlocutor granting interdict;
(c) a copy of the certificate of service of the interdict; and
(d) where the application to attach a power of arrest was made after the interdict was granted–
(i) a copy of the application for the power of arrest;
(ii) a copy of the interlocutor granting it; and
(iii) 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.
(e) where a determination has previously been made in respect of such interdict under section 3(1) of the Domestic Abuse (Scotland) Act 2011, a copy of the interlocutor making the determination.
85.3 

(1) An application under section 2(3) (extension of duration of power of arrest) or section 2(7) (recall of power of arrest) of the Act of 2001 shall be made by minute in the process of the action in which the power of arrest was attached.
(2) Where the court extends the duration of, or recalls, a power of arrest, the person who obtained the extension or recall must deliver a copy of the interlocutor granting the extension or recall in accordance with section 3(1) of the Act of 2001.
85.4 
Where an interdict to which a power of arrest has been attached under section 1(2) of the Act of 2001 is varied or recalled, the person who obtained the variation or recall must deliver a copy of the interlocutor varying or recalling the interdict in accordance with section 3(1) of that Act.
85.5 
Where a person is ... required to comply with section 3(1) of the Act of 2001, he shall, after such compliance, lodge in process a certificate of delivery in Form 85.5.
CHAPTER 85A
85A.1. 

(1) In this Chapter—
 “the 2011 Act” means the Domestic Abuse (Scotland) Act 2011; and
 “incoming protection measure” has the meaning given by rule 106.1 (mutual recognition of protection measures: interpretation);
 “interdict” includes interim interdict.
(2) This Chapter applies to an application for a determination under section 3(1) of the 2011 Act that an interdict is a domestic abuse interdict.
(3) This Chapter does not apply to an application for a determination under section 3(1) of the 2011 Act that an incoming protection measure is a domestic abuse interdict.
85A.2. 

(1) An application made before the interdict is obtained must be made by a conclusion of the summons, the prayer of the petition, the defences, answers or counterclaim in which the interdict is sought.
(2) An application made after the interdict is obtained must be—
(a) made by motion in process; and
(b) intimated to the person against whom the interdict was obtained.
(3) In respect of a determination of an application under paragraph (2), the following documents must be served along with the interlocutor in accordance with section 3(4) of the 2011 Act—
(a) a copy of the application for interdict;
(b) a copy of the interlocutor granting interdict; and
(c) a copy of the certificate of service of the interdict.
(4) Paragraph (5) applies where, in respect of the same interdict—
(a) a power of arrest under section 1 of the Protection from Abuse (Scotland) Act 2001 is in effect; and
(b) a determination under section 3(1) of the 2011 Act is made.
(5) As soon as possible after the determination has been served under section 3(4) of the 2011 Act, the documents specified in paragraph (6) must be sent by the person who obtained the determination to such chief constable as the court sees fit.
(6) The documents are—
(a) a copy of the application for interdict;
(b) a copy of the interlocutor granting interdict;
(c) a copy of the certificate of service of the interdict; and
(d) where the application for a determination was made after the interdict was granted—
(i) a copy of the application for the determination;
(ii) a copy of the interlocutor granting it; and
(iii) a copy of the certificate of service of the determination.
(7) Where paragraph (5) applies and the determination is recalled under section 3(5) of the 2011 Act, the court must appoint a person to send a copy of the interlocutor recalling the determination to such chief constable as the court sees fit.
(8) Where a person is required by virtue of this Chapter to send documents to a chief constable, such person must, after such compliance, lodge in process a certificate of sending documents in Form 85A.2.
CHAPTER 86
86.1 

(1) This Chapter applies to applications for warrants under section 28, 28A, 62, 62A, 63, 65G or 65H of the Competition Act 1998.
(2) In this Chapter, “the Act of 1998” means the Competition Act 1998.
(3) Words and expressions used in this Chapter and in the Act of 1998 shall have the meanings given in the Act of 1998.
86.2 
The following rules shall not apply to a petition to which this Chapter applies:–
 rule 4.3 (lodging of processes),
 rule 4.4 (steps of process),
 rule 4.5(1)(b) (copy inventory of productions to be sent to other parties),
 rule 4.6 (intimation of steps of process),
 rule 4.11 (documents not to be borrowed),
 rule 4.12 (borrowing and returning documents),
 rule 14.4 (form of petitions),
 rule 14.5 (first order in petitions),
 rule 14.6 (period of notice for lodging answers),
 rule 14.7 (intimation and service of petitions),
 rule 14.8 (procedure where answers lodged),
 rule 14.9 (unopposed petitions).
86.3 

(1) An application for a warrant under section 28, 28A, 62, 62A, 63, 65G or 65H of the Act of 1998 shall be made by petition in Form 86.3.
(2) The petition shall state–
(a) the address or other identification of the premises which are intended to be the subject of the warrant;
(b) the name of the occupier of those premises;
(c) the section of the Act of 1998 under which the application is being made;
(d) the subject matter of the investigation to which the application relates;
(e) a statement of the grounds for the application; and
(f) a prayer indicating the warrant sought.
(3) There shall be lodged with the petition–
(a) a draft warrant;
(b) a signed witness statement in support of the application;
(c) the written authorisation of the OFT containing the name of the officer who it is intended will be the named officer;
(d) in the case of an application under section 62, 62A or 63 of the Act of 1998, the written authorisations of the European Commission containing the names of any of its officials and other persons authorised by it for any of the purposes set out in section 62(10), 62A(12) or 63(10) of the Act of 1998 as applicable who it is intended will accompany the named officer in executing the warrant; and
(e) the written authorisation of the OFT containing the names of any other person who it is intended will accompany the named officer in executing the warrant.
(4) On lodging the petition, the petitioner shall provide the Deputy Principal Clerk with the draft warrant in electronic form compatible with the software used by the court.
(5) The petition and any documents lodged, sent or retained under these Rules in connection with the petition shall be treated as confidential and open only to the court unless the Lord Ordinary otherwise directs.
86.4 

(1) On the lodging of the petition, the Keeper of the Rolls shall appoint the petition to a hearing to determine the petition.
(2) The petition shall be heard and determined in private unless the Lord Ordinary otherwise directs.
86.5 

(1) A warrant issued under section 28, 28A, 62, 62A, 63, 65G or 65H of the Act of 1998 shall indicate–
(a) the address or other identification of the premises subject to the warrant;
(b) the names of the named officer and any other persons authorised by the warrant to accompany the named officer in executing the warrant;
(c) the date on which the warrant was issued; and
(d) that the warrant continues in force until the end of the period of one month beginning with the day on which it is issued.
(2) Subject to paragraph (3), a warrant issued under section 28, 28A, 62, 62A, 63, 65G or 65H of the Act of 1998 may be borrowed by the petitioner.
(3) The petitioner shall give a receipt for any warrant borrowed under paragraph (2) and shall return the warrant to the Deputy Principal Clerk by the end of the period of one month referred to in paragraph (1)(d).
(4) Where a warrant is borrowed under paragraph (2), a certified copy of a warrant issued under section 28, 28A, 62, 62A, 63, 65G or 65H of the Act of 1998 shall be retained by the Deputy Principal Clerk.
86.6 
Within 7 days after the date of first execution of a warrant which has been issued by the court under section 28, 28A, 62, 62A, 63, 65G or 65H of the Act of 1998, the petitioner shall serve on the occupier of the premises which are the subject of the warrant and such other persons as may be specified by the court in the interlocutor granting the prayer of the petition–
(a) a copy of the petition; and
(b) a certified copy of the interlocutor granting the prayer of the petition.
CHAPTER 87
87.1 

(1) In this rule–
 “The Treaty” means the Treaty on the Functioning of the European Union, as referred to in section 1(2)(s) of the European Communities Act 1972;
 “the OFT” means the Office of Fair Trading.
(2) In an action where an issue under  Article 101 or 102  of the Treaty is raised:–
(a) by the pursuer or petitioner in the summons or petition;
(b) by the defender or respondent in the defences or answers; or
(c) by any party in the pleadings;
intimation of the action shall be given to the OFT by the party raising the issue, by a notice of intimation in Form 87.1.
(3) Where the issue under  Article 101 or 102  of the Treaty is raised in the summons or petition, a warrant for intimation shall be inserted in the summons or petition in the following terms: ‘Warrant to intimate to the Office of Fair Trading’.
(4) Where the issue under  Article 101 or 102  of the Treaty is raised in defences, answers or in any other part of the pleadings, the party raising the issue shall apply by motion for an order for intimation to the OFT.
(5) A certified copy of an interlocutor granting a motion under paragraph (4) shall be sufficient authority for the party to intimate by notice in Form 87.1.
(6) The notice of intimation shall be served on the OFT within such period as the court shall specify in the interlocutor allowing intimation.
(7) There shall be attached to the notice of intimation–
(a) a copy of the pleadings (including any adjustments and amendments);
(b) a copy of the interlocutor allowing intimation of the notice; and
(c) where the pleadings have not been amended in accordance with a minute of amendment, a copy of that minute.
CHAPTER 88
88.1 
In this Chapter —
 “the Council Regulation” means Council Regulation (E.C.) No. 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;
 “foreign court” means a court in a Member State other than the United Kingdom;
 “parental responsibility” has the same meaning as in Article 2(7) of the Council Regulation;
 “Member State” has the same meaning as in Article 2(3) of the Council Regulation;
 ...
88.2 
Where the court receives a request under Article 15(1) (request for transfer to court better placed to hear the case) or an application under Article 15(2)(c) (application for transfer of case involving parental responsibilities to foreign court) of the Council Regulation, the request or application, as the case may be, shall–
(a) contain a detailed statement on the particular connection the child is considered to have with either Scotland or the Member State of the foreign court;
(b) contain the full name, designation and address of all the parties to the action involving parental responsibilities, including any Scottish agent instructed to represent any of the parties;
(c) in the case of a request under Article 15(1), be accompanied by any order of the foreign court confirming that at least one of the parties has accepted the request;
(d) be accompanied by any other documents considered by the foreign court to be relevant to the action involving parental responsibilities including any papers forming part of the process in the foreign court.
88.3 

(1) Where  an application under Article 15(2)(c) of the Council Regulation (application for transfer of case involving parental responsibilities to foreign court) is received  and states that proceedings involving the same parties and matters involving parental responsibility are ongoing in a sheriff court, the Deputy Principal Clerk shall, within four days after the  application  is received, transmit the request to the sheriff clerk of the sheriff court specified in the application.
(2) When transmitting  an application  under paragraph (1) the Deputy Principal Clerk shall give written intimation of the transmission to–
(a) the parties; and
(b) to the  foreign court.
(3) Failure by the Deputy Principal Clerk to comply with paragraph (2) shall not affect the validity of a transfer under paragraph (1).
88.4 
Where any document received under rule 88.2 (transfer of cases involving matters of parental responsibility) is in a language other than English, there shall be lodged with that document a translation into English certified as correct by the translator; and the certificate shall include his full name, address and qualifications.
88.5 

(1) A request to the court to accept jurisdiction of an action involving parental responsibilities under rule 88.2 (request to transfer a case) shall be lodged with a summons in Form 13.2-A.
(2) When the summons lodged under paragraph (1) is signetted the pursuer shall request the Keeper of the Rolls to allocate a hearing within 14 days of the signetting, to determine whether the court will accept jurisdiction in the action.
(3) On allocation of the date of the hearing the pursuer shall serve a copy of the summons on the defender and at the same time intimate the date and time of the hearing on the defender by serving on him a notice in Form 88.5 (form of notice of intimation of a hearing to determine jurisdiction), not less than 7 days before the date of the hearing.
(4) The pursuer shall lodge a certificate of intimation in Form 16.2 (certificate of intimation furth of United Kingdom), 16.3 (certificate of service by messenger-at-arms) or 16.4 (certificate of service by post), as appropriate, at least 2 days before the date of the hearing.
(5) Where the court orders that it will accept jurisdiction of an action after a hearing under paragraph (2) the Deputy Principal Clerk shall, within seven days, send a copy of the interlocutor to the  foreign court.
88.6 
Where  an application under Article 15(2)(c) of the Council Regulation (application for transfer of case involving parental responsibilities to foreign court) is received  the Deputy Principal Clerk shall—
(a) on receipt of the request and any accompanying documents, give written intimation of the  application  to each party to the action and to any Scottish agents identified in the application as being instructed to represent any of the parties; and
(b) within two sederunt days of receipt of the application, cause it to be put out on the By Order Roll before the Lord Ordinary.
88.7 

(1) Where the court requires to obtain the consent of a competent authority in another Member State to the placement of a child under Article 56 of the Council Regulation it shall send a request in Form 88.7 and any other documents it considers to be relevant to the Scottish central authority for transmission to the central authority in the other Member State.
(2) In this rule “central authority” means an authority designated under Article 53 of the Council Regulation.
Chapter 89
89.1. 

(1) In this Chapter—
 “the Act of 2011” means the Terrorism Prevention and Investigation Measures Act 2011;
 “Advocate General” means the Advocate General for Scotland;
 “affected person” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice;
 “appeal proceedings” means proceedings in the Inner House on an appeal relating to TPIM proceedings;
 “legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the Act of 2011;
 “measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the Act of 2011);
 “relevant party” means any party to the TPIM proceedings or appeal proceedings other than the Secretary of State;
 “special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the Act of 2011;
 “TPIM notice” has the same meaning as in section 2(1) of the Act of 2011; and
 “TPIM proceedings” has the same meaning as in section 30(1) of the Act of 2011.
(2) This Chapter applies to TPIM proceedings and appeal proceedings.
89.2. 

(1) The following shall be made by lodging a petition with the Deputy Principal Clerk—
(a) an application made under section 6(1)(b) of the Act of 2011 for permission to impose measures on an individual;
(b) a reference under paragraph 3(1) of Schedule 2 to the Act of 2011.
(2) The following rules do not apply to the petition:—
 rule 4.3 (lodging of processes),
 rule 4.4 (steps of process),
 rule 4.5(1)(b) (copy inventory of productions to be sent to other parties),
 rule 4.6 (intimation of steps of process),
 rule 4.11 (documents not to be borrowed),
 rule 4.12 (borrowing and returning of documents),
 rule 14.5 (first order in petitions),
 rule 14.6 (period of notice for lodging answers),
 rule 14.7 (intimation and service of petitions),
 rule 14.8 (procedure where answers lodged),
 rule 14.9 (unopposed petitions).
(3) Subject to rule 89.7 (permission not to disclose relevant material etc.), a petition referred to in paragraph (1)(a) shall include, in numbered paragraphs, statements of reasons—
(a) to support the application; and
(b) for imposing each of the measures under the proposed TPIM notice.
(4) Subject to rule 89.7, a petition referred to in paragraph (1)(b) shall include, in numbered paragraphs, statements of reasons—
(a) to support the making of the TPIM notice; and
(b) for imposing each of the measures contained in that notice.
(5) Subject to rule 89.7, the following documents shall be lodged with the petition—
(a) the productions of the Secretary of State;
(b) in the case of an application under section 6(1)(b) of the Act of 2011 for permission to impose measures on an individual, a draft of the proposed TPIM notice; and
(c) in the case of a reference under paragraph 3(1) of Schedule 2 to the Act of 2011, a copy of the TPIM notice.
89.3. 

(1) On receipt of a petition under rule 89.2 (TPIM notices and imposed measures: petitions), the Deputy Principal Clerk shall allocate an initial diet for the court’s consideration to begin.
(2) The Deputy Principal Clerk shall notify the date and time of an initial diet to the Secretary of State and, unless the Lord Ordinary orders otherwise, the affected person, any legal representative of the affected person and any special advocate.
(3) The affected person shall, not later than the date of the initial diet, lodge with the Deputy Principal Clerk and serve on the Secretary of State a copy of any answers and productions that are to be founded upon by the affected person at the initial diet.
(4) Where a special advocate is appointed for the purposes of the initial diet, he or she shall lodge with the Deputy Principal Clerk and serve on the Secretary of State a copy of any answers that are to be founded upon by the special advocate at the initial diet.
(5) At the initial diet, the parties present shall state their proposals for further procedure in respect of any directions hearing under section 8 of the Act of 2011 and any subsequent review hearing under section 9 of the Act of 2011.
(6) An interlocutor of the Lord Ordinary giving directions for a directions hearing under section 8 of the Act of 2011 shall include such order for further procedure as he or she thinks fit, subject to the requirements set out in section 8 of the Act of 2011.
(7) An interlocutor of the Lord Ordinary giving directions for a review hearing under section 9 of the Act of 2011 shall include such order for further procedure as he or she thinks fit, subject to the requirements set out in section 9 of the Act of 2011.
(8) Where an initial diet has been held in the absence of the affected person the Deputy Principal Clerk shall serve a copy of the interlocutor of the Lord Ordinary on that person.
89.4. 

(1) Subject to paragraphs (2) and (3) and to the modifications set out in rule 41.51 (application of Parts II and III to Part IX of Chapter 41), Part III of Chapter 41 (appeals in Form 41.25) applies to appeals under section 16 of the Act of 2011.
(2) An appeal under section 16 of the Act of 2011 shall be lodged with the Deputy Principal Clerk and served on the Secretary of State within 28 days after the date on which the affected person received notice of—
(a) the decision by the Secretary of State to extend or revive a TPIM notice;
(b) the decision of the Secretary of State to vary measures specified in a TPIM notice without the consent of the affected person;
(c) the decision of the Secretary of State on an application for the variation of measures specified in a TPIM notice;
(d) the decision of the Secretary of State on an application for the revocation of the TPIM notice; or
(e) the decision of the Secretary of State on an application for permission for the purposes of measures specified in a TPIM notice.
(3) In a case where the Secretary of State has failed to determine an application for the revocation of the TPIM notice, for the variation of measures specified in such a notice, or for permission in connection with a measure specified in such a notice, any appeal under section 16 of the Act of 2011 shall be lodged—
(a) not earlier than 28 days; and
(b) not later than 42 days,
after the date on which the application was made.
89.5. 

(1) Subject to paragraph (2), the Secretary of State shall give notice to the Advocate General, upon—
(a) making any application or reference under the Act of 2011;
(b) making any motion in respect of TPIM proceedings or appeal proceedings; or
(c) being served with a note of appeal, reclaiming motion or other application in respect of TPIM proceedings or appeal proceedings.
(2) Paragraph (1) applies unless—
(a) the Secretary of State does not intend to—
(i) oppose the appeal, reclaiming motion or other application; or
(ii) make an application under rule 89.7 (permission not to disclose relevant material etc.); or
(b) a special advocate has already been appointed to represent the interests of the affected person in the proceedings.
(3) Where notice is given to the Advocate General under paragraph (1), the Advocate General may appoint a special advocate to represent the interests of the affected person in the proceedings.
(4) Where there are any TPIM proceedings or appeal proceedings but no special advocate has been appointed, the affected person or the Secretary of State may at any time request the Advocate General to appoint a special advocate.
(5) On the appointment of any special advocate, the Advocate General shall intimate the name of the special advocate to the Deputy Principal Clerk in writing.
(6) The special advocate may address the court in any TPIM proceedings or appeal proceedings from which the affected person (and any legal representative of the affected person) is excluded.
89.6. 

(1) A special advocate upon whom material has been served under rule 89.7(7)(a) shall not communicate about the TPIM proceedings or appeal proceedings or any matter connected with such proceedings except in accordance with this rule or with the authority of the court.
(2) The special advocate may, without the authority of the court, communicate about the TPIM proceedings or appeal proceedings with—
(a) the court;
(b) the Secretary of State, or any person acting for the Secretary of State;
(c) the Advocate General, or any person acting for the Advocate General;
(d) any other person, except for the relevant party or his or her legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.
(3) The special advocate may apply by motion for authority to communicate with any relevant party to the proceedings or his or her legal representative or with any other person about the proceedings or a matter connected to the proceedings.
(4) A notice of any opposition to a motion under paragraph (3) shall be intimated to the special advocate and the relevant party.
(5) The relevant party shall not communicate with a special advocate upon whom material has been served under rule 89.7(7) other than through a legal representative in writing.
(6) The special advocate may, without the authority of the court, send a written acknowledgement of receipt of a communication under paragraph (5).
89.7. 

(1) In this rule, “relevant material” means—
(a) material on which the Secretary of State relies; and
(b) material which adversely affects the Secretary of State’s case; and
(c) material which supports the case of another party to the proceedings.
(2) Subject to paragraph (3), the Secretary of State shall lodge all relevant material as productions.
(3) The Secretary of State may apply by motion for permission not to disclose relevant material.
(4) The Secretary of State shall not be required to disclose to the affected person any relevant material which is the subject of an application under paragraph (3).
(5) Subject to paragraph (6), the Secretary of State shall not rely upon any relevant material which is the subject of an application under paragraph (3) unless a special advocate has been appointed.
(6) Paragraph (5) does not apply in respect of an initial diet where the Court has ordered the Deputy Principal Clerk not to notify the affected person of the date and time of the initial diet.
(7) Where the Secretary of State makes an application under paragraph (3) and a special advocate has been appointed, the Secretary of State shall lodge with the Deputy Principal Clerk and serve on the special advocate—
(a) the relevant material;
(b) a statement of the reasons for the application for permission not to disclose the relevant material; and
(c) if and to the extent that it is possible to do so without disclosing information contrary to the public interest, a summary of the relevant material which can be served on the affected person.
(8) On the making of an application under paragraph (3), the court shall, unless paragraph (9) applies, direct the Deputy Principal Clerk to allocate a diet for a hearing of the application and the Deputy Principal Clerk shall intimate the date and time in writing to the Secretary of State and to any special advocate appointed under rule 89.5.
(9) This paragraph applies where—
(a) the special advocate gives notice that he or she does not oppose an application under paragraph (3);
(b) the court has previously considered an application by the Secretary of State for prohibition of disclosure of the same or substantially the same matters, and is satisfied that it would be just to prohibit disclosure without a hearing; or
(c) the Secretary of State and the special advocate consent to the court deciding the issue without a hearing.
(10) An application under paragraph (3) shall be considered in the absence of the affected person and his or her legal representative.
(11) The Court must grant the application under paragraph (3) where it considers that the disclosure of the material would be contrary to the public interest.
(12) On granting an application under paragraph (3), the court shall order the Secretary of State to serve upon every relevant party (and their legal representatives) a copy of the summary lodged under paragraph (7)(c) unless the court considers that the summary contains information or other material the disclosure of which would be contrary to the public interest.
(13) Paragraph (14) applies where the court—
(a) does not grant permission to the Secretary of State to withhold relevant material; or
(b) requires the Secretary of State to provide a relevant party to the proceedings with a summary of relevant material that is withheld.
(14) In a case where the Secretary of State elects not disclose the relevant material or (as the case may be) not to provide the summary—
(a) if the court considers that the relevant material or anything that is required to be summarised might adversely affect the Secretary of State’s case or support the case of a relevant party to the proceedings, the court may direct that the Secretary of State is not to rely on such points in the proceedings or is to make such concessions or take such other steps as the court may specify; or
(b) in any other case, the court shall ensure that the Secretary of State does not rely in the proceedings on the material or (as the case may be) on what is required to be summarised.
89.8. 

(1) The Secretary of State or the affected person may apply for an order requiring anonymity for the affected person—
(a) in TPIM proceedings or appeal proceedings, by motion;
(b) where there are no TPIM proceedings or appeal proceedings, by lodging a petition with the Deputy Principal Clerk.
(2) The reference in this rule to an order requiring anonymity for the affected person is to be construed in accordance with paragraph 6(3) of Schedule 4 to the Act of 2011.
89.9. 

(1) If the court considers it necessary for the affected person and his or her legal representative, or any other relevant party, to be excluded from a diet or hearing or part of a diet or hearing to secure that information is not disclosed contrary to the public interest, it shall—
(a) make an order in that respect; and
(b) conduct the diet or hearing, or that part of it from which the affected person and his or her legal representative or other relevant party are excluded, in private.
(2) The court may otherwise order a diet or hearing to be conducted in private if it thinks fit.
(3) When the court issues an opinion in any proceedings to which this Chapter applies, the court may withhold any or part of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.
(4) Where an opinion of the court does not include the full reasons for its decision—
(a) the court shall prepare a separate opinion including those reasons; and
(b) the Deputy Principal Clerk shall serve that separate opinion on the Secretary of State and the special advocate.
89.10. 

(1) TPIM proceedings and appeal proceedings shall be recorded.
(2) The record of proceedings shall include—
(a) any objection to a question or line of evidence;
(b) any submission made in relation to such an objection; and
(c) the ruling of the court in relation to the objection and submission.
(3) Any transcript of the record of the proceedings shall only be made on the direction of the court and shall be subject to such order as to the cost of the transcript as the court thinks fit.
(4) The court may make such alterations to a transcript of the record of the proceedings as appear to it to be necessary after hearing the parties; and where such alterations are made, the court shall authenticate the alterations.
CHAPTER 90
90.1 

(1) In this rule—
 “the Act of 2000” means the Freedom of Information Act 2000; and
 “the Act of 2002” means the Freedom of Information (Scotland) Act 2002.
(2) An application under section 54(3) of the Act of 2000 or section 53(3) of the Act of 2002 for the court to deal with a public authority as if it had committed a contempt of court shall be by petition.
(3) There shall be attached to a petition mentioned in paragraph (2)–
(a) where the application is under the Act of 2000, a certificate under section 54(1) of that Act (certificate by Information Commissioner of failure to comply with notice);
(b) where the application is under the Act of 2002, a certificate under section 53(1) of that Act (certificate by Scottish Information Commissioner of failure to comply with notice).
CHAPTER 91
91.1 
In this Chapter–
 “the Act of 2004” means the Gender Recognition Act 2004;
 “full gender recognition certificate” has the same meaning as in section 25 of the Act of 2004; and
 “Gender Recognition Panel” is to be construed in accordance with Schedule 1 to the Act of 2004.
91.2 

(1) A reference by the Secretary of State under section 8(5) of the Act of 2004 shall be made by petition.
(2) Where the court quashes a decision by the Gender Recognition Panel to grant an application for a gender recognition certificate under section 1(1) or section 5(2), the Deputy Principal Clerk shall send a certified copy of the interlocutor to the Registrar General for Scotland.
91.3. 

(1) An application under section 8(5B) of the Act of 2004 shall be made by petition.
(2) Where, on an application under section 8(5B) of the Act of 2004, the court quashes a decision to issue a gender recognition certificate, the Deputy Principal Clerk shall send a certified copy of the interlocutor to—
(a) the Registrar General for Scotland, and
(b) the Gender Recognition Panel.
CHAPTER 92
92.1 

(1) In this rule “the Act of 2005” means the Inquiries Act 2005.
(2) An application under section 36(2) of the Act of 2005 for the court to make such order by way of enforcement, or otherwise as it could make if the matter had arisen in proceedings before the court, shall be by petition.
(3) There shall be attached to a petition mentioned in paragraph (2) a certificate under section 36(1) of the Act of 2005 (certificate by chairman of inquiry or Minister).
Chapter 93
93.1 

(1) On cause shown, a party may apply by motion for authority for the whole or part of–
(a) the evidence of a witness or the party to be given; or
(b) a submission to be made,
through a live link.
(2) in paragraph (1)–
 “witness” means a person who has been or may be cited to appear before the court as a witness;
 “submission” means any oral submission which would otherwise be made to the court by the party or his representative in person including an oral submission in support of a motion;
 “live link” means a live television link or such other arrangement as may be specified in the motion by which the witness, party or representative, as the case may be, is able to be seen and heard in the proceedings or heard in the proceedings and is able to see and hear or hear the proceedings while at a place which is outside the courtroom.
CHAPTER 94
94.1 
In this Chapter, “the CEHR” means the Commission for Equality and Human Rights.
94.2 

(1) The CEHR may apply to the court for leave to intervene in proceedings in accordance with this Chapter.
(2) An application under paragraph (1) above may be made in relation to any proceedings (including a petition for judicial review or an appeal in connection with such a petition).
(3) This Chapter is without prejudice to–
(a) rule 58.8 (application by compearing party to enter process of a judicial review); and
(b) any other entitlement of the CEHR, by virtue of having title and interest in relation to the subject matter of any proceedings by virtue of section 30(2) of the Equality Act 2006 or any other enactment, to seek to be sisted as a party in those proceedings.
(4) Nothing in this Chapter shall affect the power of the court to make such other direction as it considers appropriate in the interests of justice.
(5) Any decision of the court in proceedings under this Chapter shall be final and not subject to review.
94.3 

(1) An application for leave to intervene shall be by way of a minute of intervention in Form 94.3, and the CEHR shall–
(a) send a copy of it to all the parties; and
(b) lodge it in process, certifying that sub paragraph (a) above has been complied with.
(2) A minute of intervention shall set out briefly–
(a) the CEHR’s reasons for believing that the proceedings are relevant to a matter in connection with which the CEHR has a function;
(b) the issue in the proceedings which the CEHR wishes to address; and
(c) the propositions to be advanced by the CEHR and the CEHR’s reasons for believing that they are relevant to the proceedings and that they will assist the court.
(3) The court may–
(a) refuse leave without a hearing;
(b) grant leave without a hearing unless a hearing is requested under paragraph (4) below; or
(c) refuse or grant leave after such a hearing.
(4) A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (5)(c) below, may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.
(5) Any diet in pursuance of paragraph (4) shall be fixed by the Keeper of the Rolls who shall give written intimation of the diet to the CEHR and all the parties.
(6) The court may grant leave only if satisfied that–
(a) the proceedings are relevant to a matter in connection with which the CEHR has a function;
(b) the propositions to be advanced by the CEHR are relevant to the proceedings and are likely to assist the court; and
(c) the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.
(7) In granting leave, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.
(8) The clerk of court shall give written intimation of a grant or refusal of leave to the CEHR and all the parties.
94.4 

(1) An intervention shall be by way of a written submission which (including any appendices) does not exceed 5000 words.
(2) The CEHR shall lodge the submission and send a copy of it to all the parties by such time as the court may direct.
(3) The court may in exceptional circumstances–
(a) allow a longer written submission to be made;
(b) direct that an oral submission is to be made.
(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the Keeper of the Rolls who shall give written intimation of the diet to the CEHR and all the parties.
CHAPTER 95
95.1 
In this Chapter–
 “the Act of 2006” means the Scottish Commission for Human Rights Act 2006; and
 “the SCHR” means the Scottish Commission for Human Rights.
95.2 
A report to the court for the purposes of  paragraph 4(3)  of schedule 2, or paragraph 3(1) of schedule 3, to the Act of 2006, shall be made by petition.
95.3 

(1) An application for leave to intervene under section 14(2)(a) of the Act of 2006 shall be by way of a minute of intervention in Form 95.3, and the SCHR shall –
(a) send a copy of it to all the parties; and
(b) lodge it in process, certifying that sub paragraph (a) above has been complied with.
(2) In granting leave, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.
(3) Any decision of the court in proceedings under this Chapter shall be final and not subject to review.
(4) The clerk of court shall give written intimation of a grant or refusal of leave to the SCHR and all the parties.
95.4 

(1) An invitation to intervene under section 14(2)(b) of the Act of 2006 shall be in Form 95.4, and the clerk of court shall send a copy of it to the SCHR and all the parties.
(2) An invitation under paragraph (2) shall be accompanied by–
(a) a copy of the pleadings in the proceedings; and
(b) such other documents relating to that proceedings as the court thinks relevant.
(3) In issuing an invitation under section 14(2)(b) of the Act of 2006, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.
95.5 

(1) An intervention shall be by way of a written submission which (including any appendices) does not exceed 5000 words.
(2) The SCHR shall lodge the submission and send a copy of it to all the parties by such time as the court may direct.
(3) The court may in exceptional circumstances–
(a) allow a longer written submission to be made;
(b) direct that an oral submission is to be made.
(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the Keeper of the Rolls who shall give written intimation of the diet to the SCHR and all the parties.
CHAPTER 96
96.1 

(1) In this Chapter–
 “the 2008 Act” means the Counter-Terrorism Act 2008;
 “financial restrictions decision” means a decision mentioned in section 63(1) of the 2008 Act;
 “financial restrictions proceedings” means proceedings in the Court of Session on an application under section 63(2) of the 2008 Act or on a claim arising from any matter to which such an application relates;
 “special advocate” means, in relation to financial restrictions proceedings, a person who is appointed under section 68 of the 2008 Act to represent the interests of a party to those proceedings.
(2) In this Chapter–
(a) references to a party to the proceedings do not include the Treasury;
(b) references to a party’s legal representative do not include a person appointed as a special advocate.
(3) This Chapter applies to a reclaiming motion in financial restrictions proceedings as well as to financial restrictions proceedings at first instance.
96.2 

(1) An application under section 63(2) of the 2008 Act to set aside a financial restrictions decision shall be made by lodging a petition with the Deputy Principal Clerk.
(2) The petition shall include, in numbered paragraphs, statements of reasons setting out–
(a) the details of the financial restrictions decision; and
(b) the grounds on which the petitioner seeks to set aside that decision.
(3) There shall be lodged with the petition–
(a) a copy of the financial restrictions decision;
(b) all relevant documents in the petitioner’s possession and within the petitioner’s control.
96.3 
A process lodged under rule 4.3 in financial restrictions proceedings shall be lodged with the Deputy Principal Clerk.
96.4 

(1) Subject to rule 96.5, the Treasury shall disclose to every other party in financial restrictions proceedings–
(a) material on which they rely;
(b) material which adversely affects their case; and
(c) material which supports the case of a party to the proceedings.
(2) The Treasury shall disclose the material on being served with a petition or summons in financial restrictions proceedings or, when the material comes to the Treasury’s notice after such service, as soon as practicable after that.
96.5 

(1) This rule applies to an application by the Treasury in financial restrictions proceedings for permission not to disclose material otherwise than to the court and any special advocate.
(2) The following shall not apply to the application:–
 rule 4.5(1)(b) (copy inventory of productions to be sent to other parties),
 rule 4.6 (intimation of steps of process),
 rule 4.11 (documents not to be borrowed),
 Chapter 23 (motions).
(3) The application shall be made by motion to the Deputy Principal Clerk.
(4) The motion shall be intimated to any special advocate.
(5) The Treasury shall not rely upon any material which the court has granted permission not to be disclosed on an application unless a special advocate has been appointed under section 68 of the 2008 Act.
(6) At the same time as making the application the Treasury shall–
(a) lodge with the Deputy Principal Clerk; and
(b) serve on any special advocate,
the documents mentioned in paragraph (7) but such documents shall not be intimated to the petitioner or pursuer or any other party to the proceedings.
(7) Those documents are–
(a) the material;
(b) a statement of the reasons for the application for permission not to disclose the material; and
(c) a draft summary of the material.
(8) The draft summary mentioned in paragraph (7)(c) shall be prepared with rule 96.7 in mind.
(9) Where the special advocate intends to oppose an application he shall lodge notice of opposition within 14 days of the date of service by the Treasury under paragraph (6).
(10) Where the special advocate does not intend to oppose an application he shall give notice to the court within 14 days of the date of service by the Treasury under paragraph (6).
(11) Documents lodged in relation to an application shall be kept separately from the process by the Deputy Principal Clerk.
(12) Documents lodged in relation to an application shall not be borrowed or inspected by any party other than by a legal representative of the Treasury or by any special advocate.
96.6 

(1) On the making of an application under rule 96.5, the Deputy Principal Clerk shall, unless paragraph (2) applies–
(a) allocate a diet for a hearing of such an application; and
(b) intimate that date and time in writing to–
(i) the Treasury; and
(ii) any special advocate.
(2) This paragraph applies where–
(a) the special advocate has given notice that he does not oppose the application;
(b) the court has previously considered an application by the Treasury for prohibition of disclosure of the same or substantially the same matters, and is satisfied that it would be just to prohibit disclosure without a hearing; or
(c) the Treasury and the special advocate have consented to the court deciding the issue without a hearing.
(3) Where paragraph (2) applies, the Deputy Principal Clerk shall place the application before the court in chambers, and it shall determine whether to–
(a) decide the application without a hearing; or
(b) hear the Treasury and any special advocate.
(4) A hearing on the application shall take place in the absence of every party to the proceedings and every party’s legal representative, in private.
(5) The court shall grant the application where it considers that the disclosure of the material would be contrary to the public interest.
96.7 

(1) On granting an application made under rule 96.5, the court must consider ordering the Treasury to serve upon every party a summary of the material.
(2) The court is required to ensure that any such summary does not contain material the disclosure of which would be contrary to the public interest.
(3) Where the court is of the view that such a summary should be provided it shall consider the draft summary mentioned in rule 96.5(7)(c).
(4) Having done so, the court may–
(a) order the Treasury to serve a copy of the summary on every party and every party’s representative; or
(b) order the Treasury to lodge with the Deputy Principal Clerk within a specified time period a revised summary with such changes as the court directs.
(5) Where paragraph (4)(b) applies, the court shall–
(a) consider that revised summary and make any further revisals that it considers necessary; and
(b) order the Treasury to serve a copy of the summary as revised by the court on every party to the proceedings and every party’s legal representative.
96.8 

(1) Paragraphs (2) and (3) apply where, in relation to an application made under rule 96.5–
(a) the Treasury  does  not receive the court’s permission to withhold material, but  elects  not to disclose it; or
(b) the Treasury  is  required to provide a party to the proceedings with a summary of material that is withheld, but  elects  not to provide the summary.
(2) The Treasury shall, within 7 days, notify the Deputy Principal Clerk of that matter in writing.
(3) The court shall–
(a) if it considers that the material or anything that is required to be summarised might adversely affect the Treasury’s case or support the case of a party to the proceedings, in relation to a matter under consideration by the court, order that the Treasury shall not rely on such points in their case, or shall make such concessions or take such other steps as the court may specify;
(b) in any other case, ensure that the Treasury does not rely in the proceedings on the material or (as the case may be) on what is required to be summarised.
96.9 

(1) Subject to paragraphs (2) and (3), the Treasury shall, upon–
(a) being served with any application;
(b) making any motion;
(c) a reclaiming motion being intimated or on intimating a reclaiming motion; or
(d) being served with or serving any other application,
in financial restrictions proceedings give notice of that matter to the Advocate General for Scotland, so that he may consider whether to appoint a special advocate to represent the interests of any party to the proceedings.
(2) Paragraph (1) applies only where there is at least one party to the proceedings in respect of whom a special advocate has not been appointed under section  68  of the 2008 Act to represent their interests in the proceedings.
(3) Paragraph (1) does not apply where the Treasury does not intend to–
(a) oppose the application concerned; or
(b) make an application under rule 96.5.
(4) Any party may at any time request the Advocate General to appoint a special advocate to represent the interests of a party in financial restrictions proceedings.
(5) On the appointment of any special advocate, the Advocate General shall intimate the name of the special advocate to the Deputy Principal Clerk in writing.
(6) The special advocate may address the court in any financial restrictions proceedings from which the petitioner or pursuer is excluded.
96.10 

(1) A special advocate shall not communicate about the proceedings or any matter connected with the proceedings except in accordance with this rule.
(2) The special advocate may, without the authority of the court, communicate with–
(a) the court;
(b) the Treasury or  its  legal representative;
(c) the Advocate General for Scotland or any person acting for him;
(d) any other person, except the petitioner or pursuer or his legal representative or any other party to the proceedings, with whom it is necessary for administrative purposes for him to communicate about matters not connected with the substance of the proceedings.
(3) The special advocate may apply by motion for authority to communicate with the petitioner or pursuer or his legal representative or with any other person.
(4) The motion shall be intimated to the Treasury only.
(5) A notice of opposition to the motion shall be intimated by the Treasury–
(a) to the special advocate only; and
(b) within 7 days of intimation of the motion.
(6) Where the Treasury  opposes  the motion, the court shall fix a hearing.
(7) The hearing shall take place in the absence of every party to the proceedings and every party’s legal representative, in private.
(8) The petitioner or pursuer or any other party to the proceedings shall not communicate with the special advocate upon whom material has been served under rule 96.5(6) other than through a legal representative in writing.
(9) The special advocate may, without the authority of the court, send a written acknowledgement of receipt of a communication under paragraph (8).
96.11 

(1) If the court considers it necessary for the petitioner or pursuer and his legal representative, or any other party to the proceedings, to be excluded from any hearing in relation to financial restrictions proceedings or any part of such a hearing to secure that information is not disclosed contrary to the public interest, it shall–
(a) make an order in that respect; and
(b) conduct that hearing, or that part of it from which the petitioner or pursuer and his legal representative, or any other party to the proceedings, are excluded, in private.
(2) The court may otherwise order any hearing in relation to financial restrictions proceedings to be conducted in private if it thinks fit.
(3) Where the court considers it necessary under this rule to exclude any party to the proceedings from any hearing or part of a hearing it shall make such order as it considers appropriate in relation to access to the process or inspection of documents, or in relation to any other matter, to secure that information is not disclosed contrary to the public interest.
96.12 

(1) When the court issues an opinion in financial restrictions proceedings, the court may withhold any or part of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.
(2) Where an opinion of the court does not include the full reasons for its decision–
(a) the court shall prepare a separate opinion including those reasons; and
(b) the Deputy Principal Clerk shall serve that separate opinion on the Treasury and the special advocate.
96.13 

(1) Financial restrictions proceedings shall be recorded by–
(a) a shorthand writer to whom the oath de fideli administratione officii has been administered on his appointment as a shorthand writer in the Court of Session; or
(b) tape recording or other mechanical means approved by the Lord President.
(2) The record of the proceedings shall include–
(a) any objection to a question or line of evidence;
(b) any submission made in relation to such an objection; and
(c) the ruling of the court in relation to the objection and submission.
(3) A transcript of the record of the proceedings shall only be made on the direction of the court and shall be subject to such order as to the cost of the transcript as the court thinks fit.
(4) The transcript of the record of the proceedings shall be certified as a faithful record of the proceedings by–
(a) the shorthand writer or shorthand writers, if more than one, who recorded the evidence; or
(b) where the evidence was recorded by tape recording or other mechanical means, the person who transcribed the record.
(5) The court may make such alterations to the transcript of the record of the proceedings as appear to it to be necessary after hearing the parties; and where such alterations are made, the court shall authenticate the alterations.
CHAPTER 97
97.1. 

(1) This Chapter applies to applications for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008.
(2) In this Chapter, unless the context otherwise requires—
 “the 2007 Act” means the Adoption and Children (Scotland) Act 2007;
 “the 2008 Act” means the Human Fertilisation and Embryology Act 2008;
 “Her Majesty’s Forces” means the regular forces as defined in section 374 of the Armed Forces Act 2006;
 “parental order” means an order under section 54 of the 2008 Act;
 “Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland; and
 “the Regulations” means the Human Fertilisation and Embryology (Parental Orders) Regulations 2010.
97.2. 
Unless otherwise provided in this Chapter, the following rules do not apply to a petition or note:—
 rule 14.5 (first order in petitions);rule 14.6(1)(d) (period of notice for lodging answers where service by advertisement);rule 14.7 (intimation and service of petitions);rule 14.8 (procedure where answers lodged);rule 14.9 (unopposed petitions).
97.3. 

(1) An application for a parental order is to be made by petition in Form 97.3.
(2) The following documents must be lodged in process along with the petition—
(a) an extract or a certified copy of any entry in the Register of Births relating to the child who is the subject of the application;
(b) extracts or certified copies of any entries in the Register of Births relating to the birth of each of the petitioners;
(c) in the case of an application under section 54(2)(a) of the 2008 Act, an extract or a certified copy of the entry in the Register of Marriages relating to the marriage of the petitioners;
(d) in the case of an application under section 54(2)(b) of the 2008 Act, an extract or a certified copy of the entry in the Register of Civil Partnerships relating to the civil partnership of the petitioners; and
(e) any other document founded on by the petitioners in support of the terms of the petition.
97.4. 

(1) Unless the court otherwise directs, all documents lodged in process (including the reports by the curator ad litem and reporting officer)—
(a) are to be available only to the court, the curator ad litem, the reporting officer and the parties; and
(b) must be treated as confidential by any persons involved in, or a party to, the proceedings and by the clerk of court.
(2) The curator ad litem and reporting officer—
(a) must treat all information obtained in the exercise of their duties as confidential; and
(b) must not disclose any such information to any person unless disclosure of such information is necessary for the purpose of their duties.
97.5. 

(1) The court may, before determining the cause, order—
(a) production of further documents (including affidavits); or
(b) parole evidence.
(2) A party may apply by motion for the evidence of a person to be received in evidence by affidavit; and the court may make such order as it thinks fit.
97.6. 
The court may make such order as to expenses, including the expenses of a reporting officer, a curator ad litem, or any other person who attended a hearing, as it thinks fit.
97.7. 

(1) Where persons who propose to apply for a parental order wish to prevent their identities being disclosed to any person whose agreement to the parental order is required, they may, before presenting the petition, apply by letter to the Deputy Principal Clerk for a serial number to be assigned to them for all purposes connected with the petition.
(2) On receipt of an application under paragraph (1), the Deputy Principal Clerk must—
(a) assign a serial number to the applicants; and
(b) enter a note of the number opposite the names of the applicants in a register of serial numbers.
(3) The contents of the register of serial numbers and the names of the persons to whom each number relates must be treated as confidential by the Deputy Principal Clerk and disclosed only to the court.
(4) Where a serial number has been assigned under paragraph (2)(a), any form of agreement to a parental order under section 54(6) of the 2008 Act—
(a) must refer to the petitioners by means of the serial number assigned to them;
(b) must not contain the names and designation of the petitioners; and
(c) must specify the year in which the serial number was assigned.
97.8. 

(1) The court must, on the presentation of a petition under rule 97.3, appoint a curator ad litem and reporting officer.
(2) The same person may be appointed as curator ad litem and reporting officer in the same petition, if the court considers that doing so is appropriate in the circumstances.
(3) Where the court appoints a reporting officer and a curator ad litem, and there is an established panel of persons from whom the appointment may be made, the reporting officer and curator ad item must be selected from that panel unless the court considers that it would be appropriate to appoint a person who is not on the panel.
(4) A person may, before presenting the petition, apply by letter to the Deputy Principal Clerk for the appointment of a reporting officer.
(5) An application under paragraph (4) does not require to be intimated to any person, but must—
(a) set out the reasons for which the appointment is sought;
(b) be accompanied by an interlocutor sheet; and
(c) be placed by the Deputy Principal Clerk before the Lord Ordinary for his or her decision.
(6) The Deputy Principal Clerk must intimate the appointment of a curator ad litem and reporting officer under paragraph (1) or (4) to the petitioners and to the person or persons appointed.
(7) The decision of the Lord Ordinary on an application under paragraph (4) is final and not subject to review.
(8) The letter and the interlocutor sheet in an application under paragraph (4) must be kept in the Petition Department and subsequently placed in the process of the petition.
97.9. 

(1) The other duties of a reporting officer appointed under  rule 97.8  prescribed for the purposes of section 108(1)(b) of the 2007 Act as modified and applied in relation to applications for parental orders by regulation 4 of, and Schedule 3 to the Regulations (rules: appointment of curators ad litem and reporting officers) are—
(a) to ascertain the whereabouts of all persons whose agreement to the making of a parental order in respect of the child is required;
(b) to ascertain whether there is any person other than those mentioned in the petition upon whom notice of the petition should be served;
(c) in the case of each person who is not a petitioner and whose agreement to the making of a parental order is required under section 54(6) of the 2008 Act—
(i) to ascertain whether that person understands the effect of the parental order;
(ii) to ascertain whether alternatives to a parental order have been discussed with that person;
(iii) to confirm that that person understands that he or she may withdraw his or her agreement at any time before an order is made;
(iv) to ascertain whether that person suffers or appears to suffer from a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
(d) to ascertain whether the conditions in subsections (2) to (8) of section 54 of the 2008 Act have been satisfied;
(e) to draw to the attention of the court any matter which may be of assistance; and
(f) to report in writing on the matters mentioned in subparagraphs (a) to (e) to the court within 4 weeks from the date of the interlocutor appointing the reporting officer, or within such other period as the court may allow.
(2) A curator ad litem appointed under rule 97.8(1) must—
(a) have regard to safeguarding the interests of the child as his or her paramount duty;
(b) enquire, so far as he or she considers necessary, into the facts and circumstances averred in the petition;
(c) establish that the petitioners understand the nature and effect of a parental order and in particular that the making of the order will render them responsible for the maintenance and upbringing of the child;
(d) ascertain whether any money or other benefit which is prohibited by section 54(8) of the 2008 Act (prohibition on gift or receipt of money or other benefit) has been received or agreed upon;
(e) ascertain whether it may be in the interests of the welfare of the child that the court should make the parental order subject to particular terms and conditions or require the petitioners to make special provision for the child and, if so, what provision;
(f) ascertain whether it would be better for the child that the court should make the order than it should not make the order;
(g) ascertain whether the proposed parental order is likely to safeguard and promote the welfare of the child throughout the child’s life; and
(h) ascertain from the child whether he or she wishes to express a view and, where a child indicates his or her wish to express a view, ascertain that view.
(3) Subject to paragraph (4), the curator ad litem must report in writing on the matters mentioned in paragraph (2) to the court within 4 weeks from the date of the interlocutor appointing the curator, or within such other period as the court in its discretion may allow.
(4) Subject to any order made by the court under rule 97.11(1), the views of the child ascertained in terms of paragraph (2)(h) may, if the curator ad litem considers appropriate, be conveyed to the court orally.
(5) The reporting officer must, on completion of his or her report in terms of paragraph (1), in addition send to the Deputy Principal Clerk—
(a) a copy of his or her report for each party; and
(b) any agreement for the purposes of section 54(6) of the 2008 Act.
(6) The curator ad litem must, on completion of his or her report in terms of paragraph (3), in addition send a copy of it for each party to the Deputy Principal Clerk.
97.10. 

(1) The agreement of a person required by section 54(6) of the 2008 Act is to be in Form 97.10.
(2) The form of agreement mentioned in paragraph (1) must be witnessed—
(a) where it is executed in Scotland, by the reporting officer appointed under  rule 97.8;
(b) where it is executed outwith Scotland but within the United Kingdom, by a justice of the peace or commissioner for oaths; or
(c) where it is executed outwith the United Kingdom—
(i) if the person who executes the form is serving in Her Majesty’s Forces, by an officer holding a commission in those forces; or
(ii) in any other case, by a British diplomatic or consular official or any person authorised to administer an oath or affirmation under the law of the place where the agreement is executed.
97.11. 

(1) Where a child to whom section 54(11) of the 2008 Act applies indicates his or her wish to express a view, the court, without prejudice to rule 97.9(2)(h)—
(a) may order such procedural steps to be taken as the court considers appropriate to ascertain the views of that child; and
(b) must not make a parental order unless an opportunity has been given for the views of that child to be obtained or heard.
(2) Where the views of the child, whether under this rule or under rule 97.9(2)(h) have been recorded in writing, the court may direct that such a written record is to—
(a) be sealed in an envelope marked “Views of the child – confidential”;
(b) be available to the court only;
(c) not be opened by any other person; and
(d) not form a borrowable part of process.
97.12. 

(1) On receipt of the reports referred to in rule 97.9, the Deputy Principal Clerk shall—
(a) cause the reports and any other documents to be lodged in process;
(b) give written intimation to each party of the lodging of those documents and make them available to each party; and
(c) within 7 days thereafter, cause—
(i) the petition to be put out on the By Order Roll before the Lord Ordinary; and
(ii) written intimation of the date of the hearing on the By Order Roll to be given to each party.
(2) At the hearing on the By Order Roll, the court—
(a) must pronounce an interlocutor appointing the petition to a hearing to determine the petition; and
(b) may, in such interlocutor—
(i) order any person whose agreement is required to attend such hearing;
(ii) order intimation of the date of the hearing to any person not mentioned in paragraph 3(a), (b) or (c); and
(iii) order the reporting officer or curator ad litem to perform additional duties to assist the court in determining the petition.
(3) The petitioners or, where a serial number has been assigned under rule 97.7(1) the Deputy Principal Clerk, must intimate a copy of the petition along with a notice of intimation in Form 97.12 to—
(a) every person whose whereabouts are known to them and whose agreement is required;
(b) the reporting officer appointed under  rule 97.8;
(c) the curator ad litem appointed under rule 97.8(1); and
(d) any person on whom intimation has been ordered under paragraph (2)(b)(ii).
(4) At the hearing ordered under paragraph (2)(a)—
(a) the petitioners, the reporting officer and the curator ad litem must, if required by the court, appear and may be represented;
(b) any person required by the court to attend the hearing must appear and may be represented; and
(c) any person to whom intimation was made under paragraph (3)(a) or (d) may appear or be represented.
97.13. 
An application under section 22(3) (restrictions on removal: application for parental order pending), section 24(1) (return of child removed in breach of certain provisions) or section 24(2) (order directing person not to remove child) of the 2007 Act all as modified and applied in relation to applications for parental orders by regulation 4 of, and Schedule 3 to, the Regulations, is to be made by note in the process of the petition for a parental order to which it relates.
97.14. 

(1) An application under paragraph 7 of Schedule 1 to the 2007 Act, as modified and applied in relation to parental orders by regulation 4 of, Schedule 3 to, the Regulations (amendment of orders and rectification of registers), is to be made by petition.
(2) The court may order the petitioners to intimate the petition to such persons as it considers appropriate.
(3) Subject to paragraph (4), rule 97.2 does not apply to an application mentioned in paragraph (1).
(4) An application mentioned in paragraph (1) shall not be intimated on the walls of the court or advertised.
97.15. 
The communication to the Registrar General of a parental order required to be made by the clerk of court under paragraph 4(1) of Schedule 1 to the 2007 Act, as modified and applied in relation to parental orders by regulation 4 of, and Schedule 3 to, the Regulations (registration of parental orders), is to be made by sending a certified copy of the order to the Registrar General in a sealed envelope marked “Confidential”.
97.16. 
An extract of a parental order must not be issued except by order of the court on an application to it—
(a) where there is a petition for the parental order depending before the court, by motion in that process; or
(b) where there is no such petition depending before the court, by petition.
97.17. 

(1) Immediately after the communication is made under rule 97.15 or immediately upon an extract of the order being issued under rule 97.16 the clerk of court or the Extractor, as the case may be, must—
(a) place the whole process in an envelope bearing only—
(i) the name of the petitioners;
(ii) the full name of the child to whom the process relates; and
(iii) the date of the order; and
(b) seal the envelope and mark it “confidential”.
(2) The envelope referred to in paragraph (1) is not to be unsealed by the clerk of court or any other person having control of the records of the court, and the process is not to be made accessible to any person for one hundred years after the date for the granting of the order, except—
(a) to the person who is the subject of the parental order after he or she has reached the age of 16 years;
(b) to a person on an application made by petition presented by him or her to the court setting forth the reason for which access to the process is required.
CHAPTER 98
98.1. 

(1) An application under section 166(5) of the Coroners and Justice Act 2009 for the court to determine that an exploitation proceeds order is to cease to have effect or to reduce the recoverable amount by such amount (if any) as it considers just and reasonable shall be made by motion.
CHAPTER 99
99.1. 

(1) Paragraph (2) applies to applications for interdict under sections 12 or 26 of the Energy Act 2008.
(2) Interdict may be granted against a person whose identity is unknown to the applicant and “the respondent” is the person against whom interdict is sought.
(3) Paragraphs (4) to (8) apply where an interdict is sought against such a person.
(4) An application for interdict under this Chapter is to be made by petition.
(5) The statement of facts must include averments stating—
(a) that the applicant has been unable to ascertain the respondent’s identity within the time reasonably available to the applicant;
(b) the steps taken by the applicant to ascertain the respondent’s identity;
(c) a description of the respondent and, where relevant, the means by which the respondent is described in the petition;
(d) that the description of the respondent is the best the applicant is able to provide.
(6) The court shall order the taking of such steps to make the respondent aware of the application as the court considers appropriate in the circumstances, having regard to the importance of the respondent being so aware; and the taking of such steps will constitute service.
(7) Such steps may include—
(a) service in accordance with Part I of Chapter 16 (service and intimation);
(b) intimation to a person;
(c) publication in a newspaper;
(d) publication using electronic means; or
(e) affixing relevant documentation prominently in a particular place or on a particular structure, vehicle or vessel.
(8) The applicant must lodge in process such documentary evidence as may be ordered by the court to show that those steps have been carried out.
CHAPTER 100
100.1. 

(1) In this Chapter—
 “the 2010 Act” means the Arbitration (Scotland) Act 2010;
 “Convention award” means an award made in pursuance of a written arbitration agreement in a territory of a state (other than the United Kingdom) which is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
 “Scottish Arbitration Rules” means the Scottish Arbitration Rules set out in schedule 1 to the 2010 Act;
 “tribunal” means a sole arbitrator or panel of arbitrators.
(2) Subject to paragraph (3), this Chapter applies to applications and appeals made under the 2010 Act (including applications and appeals made under the Scottish Arbitration Rules).
(3) Rules 100.5 and 100.7 do not apply to an application under section 19(2) of the 2010 for enforcement of a Convention award.
100.2. 
All proceedings in the Outer House in a cause to which this Chapter applies shall be brought before a judge of the court nominated by the Lord President as an arbitration judge or, where no such judge is available, any other judge of the court (including the vacation judge).
100.3. 
Subject to the provisions of the Scottish Arbitration Rules and this Chapter, the procedure in a cause under the Scottish Arbitration Rules shall be such as the judge dealing with the cause shall determine.
100.4. 
The following rules shall not apply to a cause under this Part—
 rule 6.2 (fixing and allocation of diets in Outer House);rule 14.5 (first order in petitions);rule 14.6 (period of notice for lodging answers);rule 14.8 (procedure where answers lodged).
100.5. 

(1) Subject to paragraph (2), an application or appeal under the 2010 Act shall be made by petition.
(2) If proceedings are depending before the court under paragraph (1) in relation to the same arbitration process, an application under the 2010 Act shall be made by note in the process of the petition.
(3) Upon lodging a petition or note under paragraph (1) or (2), the petitioner or noter must enrol a motion for intimation and service of the petition or note and the court may make such order as is appropriate in the circumstances of the case.
(4) The court may make an order for intimation and service of the petition or note at the address of a party’s agent or other person acting for that party in the arbitration process and the service will be effective if carried out in accordance with that order.
(5) Upon expiry of any period of notice following intimation and service of the petition or note, the petitioner or noter shall enrol a motion for further procedure and the court may make such order as is appropriate in the circumstances of the case, including, where appropriate, an order disposing of the petition or note.
100.6. 
In relation to a petition or note lodged under rule 45 of the Scottish Arbitration Rules (court’s power to order attendance of witnesses and disclosure of evidence), intimation and service of the petition or note is not required.
100.7. 

(1) The petitioner or noter must set out in the petition or note the facts and circumstances on which the petition or note is founded and the relief claimed.
(2) In particular, any—
(a) application under rule 22 (referral of point of jurisdiction) or rule 41 (referral of point of law) of the Scottish Arbitration Rules, or
(b) appeal under rule 67(1) (jurisdictional appeal), rule 68(1) (serious irregularity appeal) or rule 69(1) (legal error appeal) of the Scottish Arbitration Rules,
should, so far as is necessary, identify the matters referred to in paragraph (3).
(3) The following matters should be identified—
(a) the parties to the cause and the arbitration from which the cause arises;
(b) the relevant rule of the Scottish Arbitration Rules or other provision of the 2010 Act under which the petition or note has been lodged;
(c) any special capacity in which the petitioner or noter is acting or any special capacity in which any other party to the proceedings is acting;
(d) a summary of the circumstances out of which the application or appeal arises;
(e) the grounds on which the application or appeal proceeds;
(f) in the case of an appeal under rule 67(1), whether the appellant seeks the variation or the setting aside of an award (or part of it);
(g) in the case of an appeal under rule 69(1), whether the appeal is made with the agreement of the parties to the arbitration;
(h) any relevant requirements of the Scottish Arbitration Rules which have been met.
100.8. 

(1) In addition to complying with rule 100.5(3) and (5), upon lodging a petition or note under rule 69 of the Scottish Arbitration Rules (legal error appeal), the petitioner or noter shall at the same time—
(a) except in a case where an appeal is made with the agreement of the parties, enrol a motion for leave to appeal; and
(b) lodge any documents that the petitioner or noter intends to rely on in the application for leave (if applicable) and in the appeal.
(2) A motion for leave to appeal under paragraph (1) shall—
(a) identify the point of law concerned; and
(b) set out the grounds that are relied on for the giving of leave.
(3) Within 14 days of service of the petition or note, or such other time as the court may allow, a respondent may lodge and intimate to all other parties grounds of opposition, including any evidence to be relied upon in opposition to the application for leave.
(4) The application for leave to appeal shall be dealt with without a hearing unless the court considers that a hearing is required.
(5) Where the court considers that a hearing is required, it may give such further directions as it considers necessary.
(6) Rule 41.2 (applications for leave to appeal), rule 41.3 (determination of applications for leave to appeal) and rule  41.5  (competency of appeals) do not apply to an application for leave to appeal under this rule.
100.9. 

(1) Where a petition or note is lodged under the 2010 Act, any application to the court under section 15 of the 2010 Act (anonymity in legal proceedings) shall be made not later than the hearing of a motion for further procedure under rule 100.5(5).
(2) Until an application under section 15 of the 2010 Act has been determined or, where no such application has been made, the time at which a motion for further procedure is made under rule 100.5(5) and, thereafter, if the court grants an order under section 15 of the 2010 Act—
(a) the petition or note shall not be available for inspection, except by court staff and the parties;
(b) the petition or note shall be referred to publicly, including in the rolls of court, as “Arbitration Application” or “Arbitration Appeal” (as the case may be) and by reference to a number and the year in which it was lodged;
(c) the court proceedings shall be heard in private.
(3) Unless the court grants an order under section 15 of the 2010 Act, all applications and appeals made under the 2010 Act shall be heard in public.
100.10. 

(1) A petition or note under section 12 of the 2010 Act for enforcement of a tribunal’s award shall—
(a) identify the parties to the cause and the arbitration process from which the cause arises;
(b) specify that the award is not currently the subject of—
(i) an appeal under Part 8 of the Scottish Arbitration Rules (challenging awards);
(ii) any arbitral process of appeal or review; or
(iii) a process of correction under rule 58 of the Scottish Arbitration Rules; and
(c) specify the basis on which the tribunal had jurisdiction to make the award.
(2) There shall be produced with such a petition or note—
(a) the original tribunal’s award or a certified copy of it; and
(b) the documents founded upon or adopted as incorporated in the petition or note.
CHAPTER 101
101.1. 
In this Chapter—
 “the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;
 “asset-freezing proceedings” means proceedings in the Court of Session on—
(a) an application under section 27(2) of the 2010 Act, a reclaiming motion in respect of such an application or a claim arising from any matter to which such an application relates; or
(b) an appeal under section 26(2) of the 2010 Act or a claim arising from any matter to which such an appeal relates.
101.2. 

(1) An application under section 27(2) of the 2010 Act shall be made by lodging a petition with the Deputy Principal Clerk.
(2) The petition shall include, in numbered paragraphs, statements of reasons setting out—
(a) the details of the decision to be set aside; and
(b) the grounds on which the petitioner seeks to set aside that decision.
(3) There shall be lodged with the petition—
(a) a copy of the decision; and
(b) all relevant documents in the petitioner’s possession and within the petitioner’s control.
101.3. 
Notwithstanding rule 41.26(1)  (lodging of appeal in the General Department), an appeal under section 26(2) of the 2010 Act shall be lodged with the Deputy Principal Clerk.
101.4. 

(1) A process lodged under rule 4.3 in an application under section 27(2) of the 2010 Act or on a claim arising from any matter to which such an application relates shall be lodged with the Deputy Principal Clerk.
(2) A process lodged in an appeal under section 26(2) of the 2010 Act or on a claim arising from any matter to which such an appeal relates shall be lodged with the Deputy Principal Clerk.
101.5. 

(1) Subject to paragraphs (2) and (3), rules 96.4 to 96.13 apply to asset-freezing proceedings as they apply to financial restrictions proceedings, as defined in rule 96.1(1).
(2) In the application of rules 96.4 to 96.13 under paragraph (1)—
(a) “special advocate” means, in relation to asset-freezing proceedings, a person who is appointed under section 68 of the Counter-Terrorism Act 2008 to represent the interests of a party to those proceedings;
(b) references to a party to the proceedings do not include the Treasury;
(c) references to a party’s legal representative do not include a person appointed as a special advocate;
(d) references to financial restrictions proceedings shall be read as references to asset-freezing proceedings; and
(e) references to the petitioner shall include references to the appellant.
(3) In the application of rule 96.4 under paragraph (1), the reference to a petition shall include a reference to an appeal.
CHAPTER 102
102.1. 
In this Chapter, “the 1981 Act” means the Contempt of Court Act 1981.
102.2. 

(1) Paragraph (2) applies where the court makes an order under section 4(2) of the 1981 Act (order postponing publication of report of legal proceedings).
(2) The clerk of court shall immediately arrange—
(a) for a copy of the order to be sent to those persons who have asked to see any such order made by the court and whose names are on the list kept by the Lord President for that purpose;
(b) for the publication of the making of the order on the website used to provide official information about the Scottish courts.
102.3. 

(1) A person aggrieved by the terms of an order made under section 4(2) of the 1981 Act may apply to the court for its variation or revocation.
(2) An application shall be made by note in process.
(3) On an application being made the court shall—
(a) appoint the application for a hearing;
(b) provide written intimation of the date and time of the hearing, together with a copy of the application, to the parties to the proceedings.
(4) The hearing shall—
(a) unless there are exceptional circumstances or a later date is requested by the applicant, take place within 48 hours of the application being lodged;
(b) so far as reasonably practicable, be before the judge or judges who made the order.
(5) The decision of the court is final.
CHAPTER 103
103.1. 
In this Chapter, “the 2011 Act” means the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011.
103.2. 

(1) An application for a forced marriage protection order under the 2011 Act shall be made by petition.
(2) Where leave of the court is required under section 3(2) of the 2011 Act to make an application for a forced marriage protection order, the person seeking such an order shall apply by motion for leave to make the application at the time when the petition is presented to the Petition Department.
(3) A motion under paragraph (2) shall be heard in chambers.
(4) Where such leave is granted, a copy of the interlocutor allowing leave shall be attached to the copy of the petition served on the respondent.
103.3. 

(1) An application for variation, recall or extension of a forced marriage protection order under the 2011 Act shall be made by note.
(2) Where leave of the court is required under section 7(1)(d) or 8(3)(d) of the 2011 Act before an application for variation, or recall or extension of a forced marriage protection order may be made, the applicant must lodge along with the note a motion stating the grounds upon which leave is sought.
(3) A motion under paragraph (2) shall not be served or intimated unless the court otherwise directs.
(4) The court may hear the applicant on the motion and may grant or refuse it or make such other order in relation to it as it considers appropriate prior to the determination.
(5) Where such a motion is granted, a copy of the interlocutor shall be intimated along with the note of application.
CHAPTER 104
104.1. 

(1) In this Chapter—
 “the Act of 2013” means the Justice and Security Act 2013;
 “Advocate General” means the Advocate General for Scotland;
 “closed material application” means an application of the kind mentioned in section 8(1)(a) of the Act of 2013;
 “legal representative” is to be construed in accordance with section 14(1) of the Act of 2013;
 “relevant civil proceedings” is to be construed in accordance with section 14(1) of the Act of 2013;
 “relevant person” is to be construed in accordance with section 14(1) of the Act of 2013;
 “section 6 proceedings” is to be construed in accordance with section 14(1) of the Act of 2013;
 “sensitive material” is to be construed in accordance with section 14(1) of the Act of 2013;
 “special advocate” means a person appointed under section 9(1) of the Act of 2013;
 “specially represented party” means a party whose interests a special advocate represents.
(2) This Chapter applies to closed material proceedings under Part 2 of the Act of 2013.
104.2. 

(1) This rule applies where the Secretary of State is not a party to relevant civil proceedings and a declaration under section 6 of the Act of 2013 has not been applied for or made.
(2) Where it appears to a party that they may be required to disclose material which might be damaging to the interests of national security the party shall notify the court in writing.
(3) Where the court has been notified in accordance with paragraph (2), or it appears to the court that a party may be required to disclose material which might be damaging to the interests of national security, the court shall—
(a) notify the Secretary of State in writing;
(b) order that the material is not to be disclosed.
(4) Within 14 days of being notified in accordance with paragraph (3) the Secretary of State shall respond in writing to the court—
(a) confirming that the Secretary of State intends to apply for a declaration under section 6 of the Act;
(b) confirming that the Secretary of State does not intend to apply for such a declaration; or
(c) requesting further time to consider whether to apply for such a declaration.
(5) The court may make such orders as it thinks necessary pending the Secretary of State’s response.
104.3. 

(1) An application under the following provisions of the Act of 2013 shall be made by lodging a note in process with the Deputy Principal Clerk—
(a) section 6(2)(a) (declaration permitting closed material applications in proceedings);
(b) section 7(4)(a) (review and revocation of declaration under section 6).
(2) The note shall include, in numbered paragraphs, statements of reasons in support of the application.
(3) Where, in relation to an application under section 6(2)(a) of the Act of 2013, the applicant is the Secretary of State, the note shall include the Secretary of State’s reasons for not making, or not advising another person to make, a claim for public interest immunity in relation to the material in question.
(4) An application mentioned in paragraph (1)(a) shall be intimated to those persons mentioned in paragraph (6) no later than 14 days before the application is made.
(5) An application mentioned in paragraph (1)(b) shall be intimated to those parties mentioned in paragraph (6) no later than 28 days before the application is made.
(6) An application shall be intimated to—
(a) the Deputy Principal Clerk;
(b) the parties to the proceedings;
(c) where the Secretary of State is not a party to the proceedings, the Secretary of State;
(d) where a special advocate has been appointed, the special advocate.
(7) The court may vary the period of notice mentioned in paragraph (4) or (5) on cause shown.
104.4. 

(1) On receipt of an application under rule 104.3(1) (closed material declaration: applications), or where directed to do so by the court acting of its own motion under section 6(2)(b) or 7(4)(b) of the Act of 2013, the Deputy Principal Clerk shall allocate an initial diet for the court’s consideration to begin.
(2) The Deputy Principal Clerk shall, unless the court otherwise directs, notify the time and date of the initial diet to those parties mentioned in rule 104.3(6)(b) to (d).
(3) Where the court is acting of its own motion the notification mentioned in paragraph (2) shall be on a period of notice of 28 days.
(4) Parties shall, no later than the date of the initial diet, lodge with the Deputy Principal Clerk any answers or, as the case may be, written submissions that are to be founded upon at the initial diet.
(5) Where the application is unopposed the court may determine the application in chambers.
(6) At the initial diet parties shall state their proposals for further procedure and the court shall make such orders for further procedure as it thinks fit.
(7) The court may discharge the initial diet and make such orders for further procedure as it thinks fit.
104.5. 

(1) Where the court has fixed a hearing on the application under rule 104.4(6) or (7), the Deputy Principal Clerk shall, unless the court otherwise directs, notify the time and date to those parties mentioned in rule 104.3 (6)(b) to (d).
(2) The hearing shall take place in the absence of the specially represented party and the specially represented party’s legal representatives.
(3) Within seven days of the application being determined, the applicant shall serve a copy of the interlocutor on the parties to the proceedings.
104.6. 
Subject to the provisions of the Act of 2013—
(a) where the court hears any evidence it shall do so in accordance with existing law and practice as to the taking of evidence in civil proceedings in Scotland; and
(b) Chapter 35 (recovery of evidence) continues to apply.
104.7. 

(1) For the purposes of section 7(3) of the Act of 2013 a formal review shall take place after the court has fixed a hearing to determine the merits of the proceedings.
(2) Where paragraph (1) applies the court shall proceed as mentioned in rule 104.4 (initial diets).
104.8. 

(1) This rule applies where there is a declaration under section 6 of the Act of 2013.
(2) The relevant person may apply to the court for permission not to disclose sensitive material otherwise than to—
(a) the court;
(b) any person appointed as a special advocate;
(c) where the Secretary of State is not the relevant person but is a party to the proceedings, the Secretary of State.
(3) The application shall be made by lodging a note in process with the Deputy Principal Clerk.
(4) The note shall include, in numbered paragraphs, statements of reasons in support of the application and the sensitive material in question.
(5) A copy of the note in process shall be served only on the special advocate and, where the Secretary of State is not the relevant person, the Secretary of State.
(6) The relevant person may at any time amend or supplement material lodged under this rule, but only with the agreement of the special advocate or the permission of the court.
(7) The relevant person may not rely on sensitive material at a hearing unless a special advocate has been appointed to represent the interests of the specially represented party.
(8) Documents lodged in relation to an application shall be kept separately from the process by the Deputy Principal Clerk.
(9) Documents lodged in relation to an application shall not be borrowed or inspected by any party other than by a legal representative of the Secretary of State or by any special advocate.
(10) The following shall not apply to the application—
(a) rule 4.5(1)(b) (copy of inventory of productions to be sent to other parties);
(b) rule 4.6 (intimation of steps of process);
(c) rule 4.11 (documents not to be borrowed).
104.9. 

(1) This rule applies where—
(a) the relevant person has applied under rule 104.8 (closed material procedure: application); or
(b) the Secretary of State has objected under rule 104.13(6) (special advocate: communicating about proceedings) to a proposed communication by the special advocate.
(2) The court shall fix a hearing for the relevant party, the Secretary of State and the special advocate to make representations.
(3) The court may determine an application or objection in chambers where—
(a) the special advocate gives notice that he or she does not challenge the application or objection;
(b) the court has previously, in determining the application for a declaration under section 6 of the Act of 2013, found that the first condition in that section is met in relation to the same or substantially the same material and is satisfied that it would be just to give permission without a hearing;
(c) the court has previously considered—
(i) an application under rule 104.8 for permission to withhold the same or substantially the same material; or
(ii) an objection under rule 104.13(6) to the same or substantially the same proposed communication; and
is satisfied that it would be just to give permission or uphold the objection without a hearing; or
(d) the relevant person, the Secretary of State and the special advocate consent to the court deciding the case without a hearing.
(4) Where the special advocate does not challenge the application or the objection, he or she must give notice of that fact to the court, the relevant person and the Secretary of State no later than—
(a) 14 days after being notified in accordance with rule 104.8(5), or
(b) such other period as the court may direct.
(5) Where the court fixes a hearing under this rule, the relevant person, the Secretary of State and the special advocate shall, before the hearing, lodge with the Deputy Principal Clerk a joint minute identifying the issues which cannot be agreed between them.
(6) A hearing under this rule shall take place in the absence of the specially represented party and the specially represented party’s legal representatives.
(7) Where the court has, in determining an application for a declaration under section 6 of the Act of 2013, found that the first condition in that section is met in relation to any material, it may give permission to withhold that material without a hearing in relation to that material.
104.10. 

(1) Where the court gives permission to the relevant person not to disclose sensitive material, the court must—
(a) consider whether to direct the relevant person to serve a summary of that material on the specially represented party and the specially represented party’s legal representative; but
(b) ensure that any such summary does not contain information or other material the disclosure of which would be damaging to the interests of national security.
(2) If the court is satisfied that the relevant person does not intend to rely on sensitive material, and that that material does not adversely affect the relevant person’s case or support the case of another party to the proceedings, the court may direct that the relevant person must not rely in the proceedings on that material, without first requiring the relevant person to serve a summary of that material on the specially represented party and the specially represented party’s legal representative.
(3) Where the court has not given permission to the relevant person not to disclose sensitive material to, or has directed the relevant person to serve a summary of that material on, the specially represented party and the specially represented party’s legal representative—
(a) the relevant person shall not be required to serve that material or summary; but
(b) if the relevant person does not do so, at a hearing the court may—
(i) if it considers that the material or anything that is required to be summarised might be of assistance to the specially represented party in relation to a matter under consideration by the court, direct that the matter is withdrawn from its consideration or that the relevant person makes such concessions or takes such other steps as the court may direct; and
(ii) in any other case, direct that the relevant person must not rely in the proceedings on that material or, as the case may be, on what is required to be summarised.
(4) The court must give permission to the relevant person not to disclose sensitive material where it considers that disclosure of that material would be damaging to the interests of national security.
104.11. 

(1) Where the Secretary of State has given or received notification of an application under rule 104.3(1) (closed material declaration: applications) he or she shall give notice of the proceedings to the Advocate General (who, under section 9(1) of the Act of 2013, has the power to appoint a special advocate).
(2) Paragraph (1) applies unless a special advocate has already been appointed and that special advocate is not prevented from communicating with the specially represented party by virtue of rule 104.13.
(3) Where a special advocate has not been appointed any party or, as the case may be, the Secretary of State may request that the Advocate General appoint a special advocate.
(4) On the appointment of any special advocate, the Advocate General shall intimate the name of the special advocate to the Deputy Principal Clerk in writing.
104.12. 
The functions of a special advocate are to represent the interests of a specially represented party by—
(a) making submissions to the court at any hearing or part of a hearing from which the specially represented party and the specially represented party’s legal representatives are excluded;
(b) leading evidence and cross-examining witnesses at any such hearing, or part of a hearing;
(c) making written submissions to the court.
104.13. 

(1) The special advocate may communicate with the specially represented party or the specially represented party’s legal representative at any time before a relevant person serves sensitive material on the special advocate.
(2) After the relevant person serves sensitive material on the special advocate, the special advocate shall not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or with a direction of the court pursuant to a request under paragraph (4).
(3) The special advocate may, without directions from the court, communicate about the proceedings with—
(a) the court;
(b) the relevant person (where this is not the Secretary of State);
(c) the Secretary of State or any person acting for the Secretary of State;
(d) the Advocate General or any person acting for the Advocate General; or
(e) any other person, except the specially represented party or the specially represented party’s legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.
(4) The special advocate may request directions from the court authorising the special advocate to communicate with the specially represented party or the specially represented party’s legal representative or with any other person.
(5) Where the special advocate makes a request for directions under paragraph (4) the court must notify the relevant person and (where the relevant person is not the Secretary of State) the Secretary of State of the request, and of the content of the proposed communication and the form in which it is proposed to be made.
(6) The relevant person or the Secretary of State shall, within a period specified by the court, lodge with the court and serve on the special advocate notice of any objection which the relevant person or the Secretary of State has to the proposed communication or to the form in which it is proposed to be made.
(7) Paragraph (2) does not prohibit the specially represented party from communicating with the special advocate after the relevant person has served material on the special advocate but—
(a) the specially represented party may only communicate with the special advocate through the specially represented party’s legal representative in writing; and
(b) the special advocate must not reply to the communication other than in accordance with directions of the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the specially represented party’s legal representative.
104.14. 

(1) Where the court issues an opinion in any proceedings to which this Chapter applies, it may withhold any or part of its reasons if and to the extent that it would not be possible to give those reasons without disclosing information which would be damaging to the interests of national security.
(2) Where an opinion of the court does not include the full reasons for its decision—
(a) the court shall prepare a separate opinion including those reasons; and
(b) the Deputy Principal Clerk shall serve that separate opinion on the relevant person, the Secretary of State (where not the relevant person) and the special advocate.
104.15. 

(1) Where the court makes a declaration under section 6 of the Act of 2013 and the Secretary of State is not already a party to the relevant civil proceedings, the court shall sist the Secretary of State as a party to the proceedings.
(2) Paragraph (1) does not apply where the Secretary of State has informed the court in writing that he or she does not wish to be sisted as a party to the proceedings.
104.16. 

(1) Unless otherwise provided for in this Chapter, if the court considers it necessary for any party and that party’s legal representative to be excluded from any hearing or part of a hearing in order to secure that information is not disclosed where disclosure would be damaging to the interests of national security, it must—
(a) direct accordingly; and
(b) conduct the hearing, or that part of it from which that party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.
(2) The court may conduct a hearing or part of a hearing in private for any other good reason.
(3) In this rule “hearing” includes initial diet.
CHAPTER 105
105.1. 
In this Chapter—
 “the 2012 Act” means the Land Registration etc. (Scotland) Act 2012;
 “plot of land” has the meaning given by section 3(4) and (5) of the 2012 Act;
 “proprietor” has the meaning given by section 113(1) of the 2012 Act.
105.2. 

(1) An application under section 67(2) (warrant to place a caveat) of the 2012 Act shall be made by motion.
(2) The motion shall—
(a) identify, by reference to section 67(1) of the 2012 Act, the type of civil proceedings constituted by the cause;
(b) in respect of each plot of land, contain—
(i) a description of the registered plot of land;
(ii) the title number; and
(iii) the name and address of the proprietor;
(c) where the caveat is to apply only to part of a plot of land, be accompanied by a plan indicating the part so affected.
(3) An application under the following provisions of the 2012 Act shall be made by motion—
(a) section 69(1) (renewal of caveat);
(b) section 70(1) (restriction of caveat);
(c) section 71(1) (recall of caveat).
105.3. 

(1) An order under section 67(3) or 69(2) of the 2012 Act shall be in Form 105.3-A.
(2) An order under section 70(2) of the 2012 Act shall be in Form 105.3-B.
(3) An order under section 71(2) of the 2012 Act shall be in Form 105.3-C.
105.4. 
A certified copy of the order in Form 105.3-A may be registered in the Registers of Inhibitions and Adjudications.
105.5. 
Where a deed mentioned in section 46A(2) of the Conveyancing (Scotland) Act 1924 is reduced, the decree of reduction shall be in Form 105.5.
105.6. 
An order for rectification under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 in respect of a document which has been registered in the Land Register of Scotland shall be in Form 105.6.
CHAPTER 106
106.1. 
In this Chapter—
 “Article 5 certificate” means a certificate issued under Article 5 of the Regulation;
 “Article 14 certificate” means a certificate issued under Article14 of the Regulation;
 “incoming protection measure” means a protection measure that has been ordered in a Member State other than the United Kingdom or Denmark;
 “Member State” means a Member State of the European Union;
 “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.
106.2. 
An application for the issue of an Article 5 certificate shall be made by lodging Form 106.2 in process.
106.3. 
The court shall issue an Article 5 certificate where—
(a) the order in respect of which the certificate is sought is a protection measure;
(b) the person applying for the certificate is a protected person in respect of the protection measure;
(c) the first condition specified in rule 106.4 is satisfied; and
(d) the second condition specified in rule 106.4 is satisfied, if the protection measure is an interim interdict.
106.4. 

(1) The first condition is that—
(a) at the hearing when the interlocutor granting the protection measure was pronounced, the person causing the risk was—
(i) personally present in court; or
(ii) represented by counsel or other person having a right of audience; or
(b) the interlocutor granting the protection measure has been intimated to the person causing the risk.
(2) The second condition is that either paragraph (3) or (4) applies.
(3) This paragraph applies where—
(a) the writ seeking interdict was intimated to the person causing the risk before interim interdict was granted;
(b) interim interdict was granted pursuant to a motion intimated on the person causing the risk; and
(c) the person causing the risk had a sufficient opportunity to oppose the motion, whether or not he or she did so.
(4) This paragraph applies where the court is satisfied that the person causing the risk has had a sufficient opportunity to apply for recall of the interim interdict.
(5) Where the court requires to be satisfied that any writ, motion or interlocutor has been intimated for the purposes of this rule, it is for the person on whose behalf intimation has been given to lodge in process a certificate of intimation if such a certificate is not already in process.
106.5. 

(1) Where the court issues an Article 5 certificate, the Deputy Principal Clerk shall—
(a) send the protected person—
(i) the certificate, and
(ii) a certified copy of the interlocutor granting the protection measure; and
(b) give the person causing the risk notice of the issue of the certificate in accordance with paragraphs (2) to (4).
(2) Where the address of the person causing the risk is known, notice shall be given by sending that person—
(a) a notice in Form 106.5‒A,
(b) a copy of the certificate; and
(c) a copy of the interlocutor granting the protection measure.
(3) Where the address of the person causing the risk is outwith the United Kingdom, the Deputy Principal Clerk shall send the documents mentioned in paragraph (2) by a registered post service.
(4) 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 106.5‒B.
(5) In this rule, “Article 5 certificate” includes a rectified Article 5 certificate issued under Article 9(1)(a) of the Regulation.
106.6. 
Where the order in respect of which an Article 5 certificate is sought has been varied prior to the issue of a certificate—
(a) the reference to the order in rule 106.3(a) is to the order as so varied; and
(b) the references to the interlocutor in rule 106.5 include a reference to any interlocutor varying the order.
106.7. 

(1) An application to the court under Article 9 of the Regulation for rectification or withdrawal of an Article 5 certificate shall be made by lodging Form 106.7 in process.
(2) The court may determine an application without a hearing unless it considers that a hearing is required.
106.8. 

(1) An application for the issue of an Article 14 certificate shall be made by letter addressed to the Deputy Principal Clerk.
(2) Where the court issues an Article 14 certificate, the Deputy Principal Clerk shall send the certificate to the party on whose application the certificate was issued.
106.9. 

(1) The following applications shall be made by petition—
(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 note in that process.
106.10. 

(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 court considers that a hearing is required, the court may—
(a) dispense with intimation of the application; and
(b) determine the application without a hearing.
(3) Where necessary, the court may grant decree in accordance with Scots law.
(4) The Deputy Principal 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 person—
(a) a notice in Form 106.10‒A;
(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 Deputy Principal 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 106.10‒B.
(8) Paragraph (9) applies where—
(a) the court has dispensed with intimation to the person causing the risk of an application for the adjustment of the factual elements of an incoming protection measure under Article 11 of the Regulation; and
(b) the person causing the risk reclaims against the interlocutor adjusting the incoming protection measure.
(9) Rule 38.2(1) (reclaiming days) applies as if there was substituted for the reference to the date on which the interlocutor was pronounced, a reference to the date on which notice was given under paragraph (4).
106.11. 

(1) In this rule, “the Act of 2001” means the Protection from Abuse (Scotland) Act 2001.
(2) Where the court attaches a power of arrest to an incoming protection measure under section 1(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 the Member State of origin; and
(c) a copy of any interlocutor adjusting the factual elements of the protection measure.
(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 the Member State of origin;
(c) a copy of any interlocutor adjusting the factual elements of the protection measure;
(d) a copy of the application for 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 note in the process of the petition 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 court 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 court pronounces an interlocutor granting an application mentioned in rule 106.9(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 Form 106.11.
106.12. 

(1) This rule applies where the court makes a determination that an incoming protection measure is a domestic abuse interdict.
(2) A protected person who serves under section 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 an incoming 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 containing 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 106.12.
APPENDIX
Rule 1.4
FORM 5.2
Rule 5.2(1)
          Form 6.2
        

          Rule 6.2(7A)
        
Form 6.3
          
         . . . . . .  . . . . . . . . . .  . . . . . . . 

FORM 7.1
Rule 7.1(3)
FORM 7.6
Rule 7.6
Form 12.A-A
Rule 12A.1(4)
FORM 12B.2
Rule 12B.2(2)(a)
 FORM 13.2–A
Rule 13.2(1)
FORM 13.2–B
Rule 13.2(2)
FORM 13.7
Rule 13.7(1)
FORM 13.12
Rule 13.12(1)
FORM 14.4
Rule 14.4(1)
FORM 14.7
Rule 14.7(2)
FORM 14A.2
Rule 14A.2(2)
FORM 15.1
Rule 15.1(4)
FORM 15.2
Rule 15.2(3)
FORM 16.2
Rule 16.2(5)(b)
FORM 16.3
Rule 16.3(1)(b)
FORM 16.4
Rule 16.4(4)(b)
FORM 16.5
Rule 16.5(3)(a)
FORM 16.7
Rule 16.7(2)(a)
FORM 16.15-A
Rule 16.15(1)(a)(i)
SCHEDULE OF ARRESTMENT TO FOUND JURISDICTION

Date: (date of execution)

Time: (time arrestment executed)

To: (name and address of arrestee)

IN HER MAJESTY'S NAME AND AUTHORITY, I, (name), Messenger-at-Arms, by virtue of a summons containing a warrant for arrestment to found jurisdiction, at the instance of (name and address of pursuer) against (name and address of defender) and signeted on (date), arrest to found jurisdiction against (name of defender) in your hands: (i) the sum of (amount), more or less, due by you to (name of defender) or to any other person on his [or her] [or its] [or their] behalf; and (ii) all moveable subjects in your hands and belonging or pertaining to (name of defender).

This I do in the presence of (name, occupation and address of witness).
 (Signed)
 Messenger-at-Arms
 (Address)

(Do not use this note where arrestment to found jurisdiction is combined with arrestment on the dependence in one schedule)
This schedule arrests in your hands debts due by you to the defender mentioned in the schedule and goods and other moveables held by you on his behalf. It does so solely for the purpose of establishing the jurisdiction of the Court of Session over the defender.
IF YOU ARE UNCERTAIN ABOUT THE EFFECT OF THIS DOCUMENT, you should consult a solicitor, Citizens Advice Bureau or other local advice agency or adviser immediately.
FORM 16.15-AA
Rule 16.15(l)(a)(ii)
SCHEDULE OF ARRESTMENT OF SHIP TO FOUND JURISDICTION

Date: (date of execution)

Time: (time arrestment executed)

IN HER MAJESTY'S NAME AND AUTHORITY, I, (name), Messenger-at-Arms, by virtue of a summons containing a warrant for arrestment to found jurisdiction, at the instance of (name and address of pursuer) against (name and address of defender) and signeted on (date), arrest to found jurisdiction against (name of defender) the ship (name) presently lying in (describe location) and belonging to the defender.

This I do in the presence of (name, occupation and address of witness).
 (Signed)
 Messenger-at-Arms
 (Address)

NOTE

You should consult your legal adviser about the effect of this arrestment.

(The name, address and twenty-four hour contact telephone number of the agent for the party on whose behalf the arrestment was executed are to be inserted here.)

(Name of agent)

(address)

(telephone number).

FORM 16.15-B
Rule 16.15(1)(b) and (e)(i)
SCHEDULE OF ARRESTMENT ON THE DEPENDENCE

Date: (date of execution)

Time: (time arrestment executed)

To: (name and address of arrestee)

IN HER MAJESTY'S NAME AND AUTHORITY, I, (name), Messenger-at-Arms, by virtue of

* a summons containing a warrant for arrestment on the dependence of the action at the instance of (name and address of pursuer) against (name and address of defender) signeted on (date),

* a counterclaim containing a warrant which has been granted for arrestment on the dependence of the claim by (name and address of creditor) against (name and address of debtor) and dated (date of warrant),

* an order of [Lord (name) in] the Court of Session dated (date of order) granting warrant [for arrestment on the dependence of the action raised at the instance of (name and address of pursuer) against (name and address of defender)] [or for arrestment on the dependence of the claim in the counterclaim [or third party notice] by (name and address of creditor) against (name and address of debtor)] [or to arrest in the petition of (name and address of petitioner) against (name and address of respondent), arrest in your hands (i)  the sum of (amount), in excess of the Protected Minimum Balance, where applicable (see Note), more or less, due by you to (defender’s name) [or name and address of common debtor if common debtor is not the defender] or to any other person on his [or her] [or its] [or their] behalf and  (ii) all moveable things in your hands belonging or pertaining to the said (name of common debtor), to remain in your hands under arrestment until they are made furthcoming to (name or pursuer) [or name and address of creditor if he is not the pursuer] or until further order of the court.

This I do in the presence of (name, occupation and address of witness).
 (Signed)
 Messenger-at-Arms
 (Address)

NOTE

This schedule arrests in your hands (i) debts due by you to (name of common debtor); and (ii) goods and other moveables held by you for him. You should not pay any debts to him or hand over any goods or other moveables to him without taking legal advice.

IF YOU ARE UNCERTAIN ABOUT THE EFFECT OF THIS DOCUMENT, you should consult a solicitor, Citizens Advice Bureau or other local advice agency or adviser immediately.

The Protected Minimum Balance is the sum referred to in section 73F(4) of the Debtors (Scotland) Act 1987. This sum is currently set at [insert current sum]. The Protected Minimum Balance applies where the arrestment attaches funds standing to the credit of a debtor in an account held by a bank or other financial institution and the debtor is an individual. The Protected Minimum Balance does not apply where the account is held in the name of a company, a limited liability partnership or an unincorporated association or where the amount is operated by the debtor as a trading account. 

Under section 73G of the Debtors (Scotland) Act 1987 you must also, within the period of 3 weeks beginning with the day on which the arrestment is executed, disclose to the creditor the nature and value of the funds and/or moveable property which have been attached. This disclosure must be in the form set out in Schedule 8 to the Diligence (Scotland) Regulations 2009. Failure to comply may lead to a financial penalty under section 73G of the Debtors (Scotland) Act 1987 and may also be dealt with as a contempt of court. You must, at the same time, send a copy of the disclosure to the debtor and to any person known to you who owns (or claims to own) attached property, or to whom attached funds are (or are claimed to be) due, solely or in common with the debtor.

* Delete where not applicable.

FORM 16.15-BB
Rule 16.15(1) (e)(ii)
SCHEDULE OF ARRESTMENT OF SHIP ON THE DEPENDENCE

Date: (date of execution)

Time: (time arrestment executed)

IN HER MAJESTY'S NAME AND AUTHORITY, I, (name), Messenger-at-Arms, by virtue of–

* a summons containing a warrant for arrestment on the dependence of the action at the instance of (name and address of pursuer) against (name and address of defender) signeted on (date),

* a counterclaim containing a warrant which has been granted for arrestment on the dependence of the claim by (name and address of creditor) against (name and address of debtor) and dated (date of warrant),

* an order of [Lord (name) in] the Court of Session dated (date of order) granting warrant [for arrestment on the dependence of the action raised at the instance of (name and address of pursuer) against (name and address of defender)] [or for arrestment on the dependence of the claim in the counterclaim [or third party notice] by (name and address of creditor) against (name and address of debtor)] [or to arrest in the petition of (name and address of petitioner) against (name and address of respondent), arrest the ship (name of ship) presently lying in (describe current location e.g. the port of X) to remain in that (more precisely if required) under arrestment on the dependence of the action [or claim] until further order of the court.

This I do in the presence of (name, occupation and address of witness).
 (Signed)
 Messenger-at-Arms
 (Address)

NOTE

You should consult your legal adviser about the effect of this arrestment.

(The name, address and twenty-four hour contact telephone number of the agent for the party on whose behalf the arrestment was executed are to be inserted here.)

(Name of agent)

(address)

(telephone number),

* Delete where not applicable.

FORM 16.15-C
Rule 16.15(1)(c)
SCHEDULE OF ARRESTMENT IN REM IN ADMIRALTY ACTION IN REM

Date: (date of execution)

Time: (time of arrestment executed)

IN HER MAJESTY'S NAME AND AUTHORITY, I, (name), Messenger-at-Arms, by virtue of a summons containing a warrant for arrestment in rem of the ship (name of ship) [or cargo (describe)] [or other maritime res (describe)] in an Admiralty action in rem at the instance of (name and address of pursuer) against (name and address of defender) and signeted on (date), arrest the ship (name) presently lying in (describe current location e.g. the port of.X) with her boats, furniture, appurtenances and apparelling [or cargo] [or other maritime res] (describe location)], to remain in that (specify, more precisely if required) under arrestmentin rem until sold or until this arrestment is recalled or until other order of the court.

This I do in the presence of (name, occupation and address of witness).
 (Signed)
 Messenger-at-Arms
 (Address)

NOTE

You should consult your legal adviser about the effects of this arrestment.

(The name, address and twenty-four hour contact telephone number of the agent for the party on whose behalf the arrestment was executed are to be inserted here.)

(Name of agent)

(Address)

(Telephone number)

FORM 16.15-D
Rule 16.15(1)(d)
SCHEDULE OF ARRESTMENT IN REM OF SHIP UNDER THE ADMINISTRATION OF JUSTICE ACT 1956, SECTION 47(3)(b)

Date: (date of execution)

Time: (time of arrestment executed)

IN HER MAJESTY'S NAME AND AUTHORITY, I, (name), Messenger-at-Arms, by virtue of–

* an order of Lord (name) in the Court of Session dated (date of order) granting warrant for arrestment in rem under section 47(3)(b) of the Administration of Justice Act 1956 of the ship (name of ship) in an action,

* a summons containing a warrant for arrestment in rem under section 47(3)(b) of the Administration of Justice Act 1956 of the ship (name of ship), at the instance of (name and address of pursuer) against (name and address of defender) and signeted on (date), arrest the [ship] [or vessel] (name) presently lying in (describe current location e.g. the port of X) with her boats, furniture, appurtenances and apparelling to remain in that place (specify, more precisely if required) under arrestment in rem until this arrestment is recalled or other order of the court.

This I do in the presence of (name, occupation and address of witness).
 (Signed)
 Messenger-at-Arms
 (Address)

NOTE

You should consult your legal adviser about the effects of this arrestment.

(The name, address and twenty-four hour contact telephone number of the agent for the party on whose behalf the arrestment was executed are to be inserted here.)

(Name of agent)

(Address)

(Telephone number)

* Delete where not applicable.

FORM 16.15–E . . . . . . . . . . . . . . .

FORM 16.15–F . . . . . . . . . . . . . . .

FORM 16.15–G
Rule 16.15(1)(i)
FORM 16.15–H
Rule 16.15(1)
FORM 16.15-HH
Rule 16.15(1)(a)(ii)
CERTIFICATE OF EXECUTION OF ARRESTMENT OF SHIP TO FOUND JURISDICTION

I, (name), Messenger-at-Arms, certify that I, by virtue of a summons containing a warrant for arrestment to found jurisdiction, executed an arrestment of the ship (name) at the instance of (name and address of pursuer) against (name and address of defender) by affixing the schedule of arrestment to the mainmast [or as the case may be] of the ship (name) and marked the initials ER above that affixed schedule at (place) on (date).

I did this in the presence of (name, occupation and address of witness).
 (Signed)
 Messenger-at-Arms
 (Address)
 (Signed)
 Witness

FORM 16.15–I
Rule 16.15(1)(c) and (d)
FORM 16.15–J
Rule 16.15(1)(e)
FORM 16.15–K
Rule 16.15(1)(i)
Form 16.16
Rule 16.16
Form 23.1C
Rules 23.1C(1), 23.1F(2) and 23.1G(2)
Form 23.1D
Rules 23.1D(1) and 23.1G(2)
FORM 23.2
Rule 23.2(2)
FORM 23.4
Rule 23.4(1)
FORM 23.5
Rule 23.5
FORM 24.3
Rule 24.3(2)
Form 25A.5To: (name and address of relevant authority)
1. You are given notice that an action has been raised in the Court of Session which includes a conclusion or prayer in respect of a devolution issue. A copy of the pleadings in the case (as adjusted) is enclosed.
2. If you wish to take part as a party to the proceedings in so far as they relate to a devolution issue you must lodge with the Deputy Principal Clerk of Session, Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ a notice in writing stating that you intend to take part as a party in the proceedings. The notice must be lodged within 14 days of (insert date on which intimation was given).
 Date (insert date)
 (Signed)
 Solicitor
 for
 Pursuer/Defender/Petitioner/Respondent.

FORM 25A.5A
Rule 25A.5A
FORM 25A.7
Rule 25A.7(2)
 Form 25A.12To: (name and address of relevant authority)
1. You are given notice that in an action raised in the Court of Session, the court has decided [that an Act/provision of an Act of the Scottish Parliament is not within the legislative competence of the Parliament] [a member of the Scottish Executive does not have the power to make, confirm or approve a provision of subordinate legislation he has purported to make, confirm or approve]. A copy of the relevant opinion/interlocutor is enclosed.
2. The court is considering whether to make an order [removing or limiting the retrospective effect of the decision/suspending the effect of the decision to allow the defect to be corrected].
3. If you wish to take part as a party to the proceedings so far as they relate to the making of the order mentioned in paragraph 2 you must lodge with the Deputy Principal Clerk of Session, Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ a notice in writing stating that you intend to take part as a party in the proceedings. The notice must be lodged within 7 days of (date on which intimation was given).
 Date (insert date)
 (Signed)
 Deputy Principal Clerk of Session.

FORM 26.1–A
Rule 26.1(1)
FORM 26.1–B
Rule 26.1(2)
FORM 26.1–C
Rule 26.1(2)
FORM 30.2
Rule 30.2(2)
FORM 33.12
Rule 32.12(4)
Form 34A.2 . . . . . . . . . . . . . .  . . . . .

Form 34A.4 . . . . . . . . . . . . . .  . . . . .

Form 34A.5 . . . . . . . . . . . . . .  . . . . .

FORM 35.3-A
Rule 35.3(2)
FORM 35.3-B
Rule 35.3(4)(a)
FORM 35.3-C
Rule 35.3(4)(b)
FORM 35.3-D
Rule 35.3(6)(b)
FORM 35.3A-A
Rule 35.3A(3)
FORM 35.4–A
Rule 35.4(3)
FORM 35.4–B
Rule 35.4(4)
FORM 35.4–C
Rule 35.4(4)(b)
FORM 35.4–D
Rule 35.4(8)(b) and 35.11(8)(b)
FORM 35.4–E
Rule 35.4(8)(b) 35.11(8)(b)
FORM 35.11–A
Rule 35.11(5)
FORM 35.11–B
Rule 35.11(6)(a)
FORM 35.11–C
Rule 35.11(6)(b)
FORM 35.15–A
Rule 35.15(3)
FORM 35.15–B
Rule 35.15(3)
FORM 35.16–A
Rule 35.16(3)
FORM 35.16–B
Rule 35.16(8)
FORM 35.16–C
Rule 35.16(8)
FORM 35A.2
Rule 35A.2
FORM 35A.3
Rule 35A.3
FORM 35A.4
Rule 35A.4
FORM 35A.6
Rule 35A.6
FORM 35A.7
Rule 35A.7
FORM 36.2-A
FORM 36.2–B
Rule 36.2(3)(a)
FORM 36.2–C
Rule 36.2(3)(b)
FORM 36.10–A
Rule 36.10
FORM 36.10–B
Rule 36.10
FORM 37.2–A
Rule 37.2(3)
FORM 37.2-B
Rule 37.2(5)
FORM 37.6–A
Rule 37.6(1)
FORM 37.6–B
Rule 37.6(2)
Form 38.5
Rule 38.5(1)
Form 38.12
Rule 38.12(1)
Form 38.13
Rule 38.13(1)(a)
Form 39.3
Rule 39.3(1)
Form 39.4
Rule 39.4(1)
FORM 40.2
Rule 40.2(2) and 41.2(3)
FORM 40.4
Rule 40.4(2)
Form 40.10
Rule 40.10(1)
Form 40.11
Rule 40.11(1)(a)
Form 40.15
Rule 40.15(5)(a)
FORM 41.9
Rule 41.9(1)
Form 41.5
Rule 41.5(1)
Form 41.12
Rule 41.12(1)
Form 41.17
Rule 41.17(2)
Form 41.25
Rule 41.25(1)
Form 41.29
Rule 41.18(1)(a) Rule 41.29(1)(a)
FORM 41.52C
Rule 41.52C
Form 41.55
Rule 41.55
FORM 42.7
Rule 42.7(5)(c)
Form 43.1A
Rule 43.1A(1)
FORM 43.2-A
Rule 43.2(1)
FORM 43.2-B
Rule 43.2(4)
FORM 43.3
FORM 43.6
Form 43.6A

          Rule 43.6(5C)
        
FORM 43.9
FORM 43.10
FORM 43.13-A
FORM 43.13-B
FORM 43.15
FORM 44.2–A
Rule 44.2(1)
FORM 44.2–B
Rules 44.2(1), 44.3(1) and 44.4(1)
FORM 44.3
Rule 44.3(4)
FORM 45A.2
Rule 45A.2(2)
FORM 46.6
Rule 46.6(5) and (6)
FORM 46.9
Rule 46.9(4)
FORM 49.8–A
Rule 49.8(3)(a)
FORM 49.8–B
Rule 49.8(3)(b)
FORM 49.8–C
Rule 49.8(3)(c)
FORM 49.8–D
Rule 49.8(3)(d)
FORM 49.8–E
Rule 49.8(3)(e)
FORM 49.8–F
Rule 49.8(3)(f)
FORM 49.8-G
Rule 49.8(3)(g)Date: (date of posting or other method of intimation)
To: (name and address as in warrant for intimation)
TAKE NOTICE
(Pursuer’s name and address), pursuer, has brought an action against (defender’s name and address), defender, in the Court of Session, Edinburgh. The pursuer is seeking a section 11 order in respect of the child (child’s name and address). A copy of the summons in the action is attached.
If you wish to oppose this action, and oppose the granting to the pursuer of a section 11 order in respect of the child, you may apply to the court by minute to become a party to the action. You must do so at the Office of Court, Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ within [21] days after the date of intimation to you of the summons [or if the warrant for intimation is executed before calling of the summons, within 7 days after the summons calls in court. The summons will not call in court earlier than [21] days after the date of intimation to you of the summons]. The date of intimation is the date stated at the top of this notice unless intimation has been made by post in which case the date of intimation is the day after that date.
IF YOU ARE UNCERTAIN ABOUT THE EFFECT OF THIS NOTICE, you should consult a solicitor, Citizens Advice Bureau or other local advice agency or adviser immediately.
(Signed)
Messenger-at-Arms
[or Solicitor [or Agent] for pursuer]
(Address)

FORM 49.8-H
Rule 49.8(3)(h), 49.8(4) and 49(11)Date: (date of posting or other method of intimation)
To: (name and address as in warrant for intimation)
TAKE NOTICE
(Pursuer’s name and address), pursuer, has brought an action against (defender’s name and address), defender, in the Court of Session, Edinburgh.
The pursuer is seeking a residence order in respect of the child (name and address of child). A copy of the summons in the action is attached.
You are requested to submit to the court a report on all the circumstances of the child and on the proposed arrangements for the care and upbringing of the child without delay. On completion of the report please send it, with a copy for each party, to the Deputy Principal Clerk of Session, Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ.
(Signed)
Messenger-at-Arms
[or Solicitor [or Agent] for pursuer]
(Address)

Form 49.8-I . . . . . . . . . . . . . . . .  .

FORM 49.8–J
Rule 49.8(3)(j)
FORM 49.8–K
Rule 49.8(3)(k)
FORM 49.8–L
Rule 49.8(3)(l)
Form 49.8-M
Rule 49.8(3)(m)
FORM 49.8–MA
Rule 49.8(3)(m)
FORM 49.8-N
Rule 49.8(7) and Rule 70.16
FORM 49.8–O
Rule 49.8(3)(m)
FORM 49.8–P
Rule 49.8(3)(o)
FORM 49.9
Rule 49.9(3)
FORM 49.13–A
Rule 49.13(1)(b)
FORM 49.13–B
Rule 49.13(1)(b)(iii) and (2)
FORM 49.14–A
Rule 49.14(1)(a)(i)
FORM 49.14–B
Rules 49.14(1)(a)(i) and 49.19(1)
FORM 49.14–C
Rule 49.14(1)(a)(ii)
FORM 49.14–D
Rules 49.14(1)(a)(ii) and 49.19(1)
FORM 49.14–E
Rule 49.14(1)(b)(i)
FORM 49.14–F
Rule 49.14(1)(b)(i)
FORM 49.14–G
Rule 49.14(1)(c)
FORM 49.14A–A
Rule 49.14A(1)(i)
FORM 49.14A–B
Rule 49.14A(1)(i)
FORM 49.14A–C
Rule 49.14A(1)(a)(ii)
FORM 49.14A–D
Rule 49.14A(1)(a)(ii)
FORM 49.14A–E
Rule 49.14A(1)(b)(i)
FORM 49.14A–F
Rule 49.14A(1)(b)(ii)
FORM 49.14A–G
Rule 49.14A(1)(c)
Form 49.20 . . . . . . . . .  . . . . . . . .  . . . . 

FORM 49.29–A
Rule 49.29(1)
FORM 49.29–B
Rule 49.29(2)(b)
Form 49.37 . . . . . . . . .  . . . . . . . .  . . . . 

Form 49.38 . . . . . . . . .  . . . . . . . .  . . . . 

Form 49.62-A . . . . . . . . .  . . . . . . . .  . . . . 

Form 49.62-B . . . . . . . . .  . . . . . . . .  . . . . 

Form 49.70 . . . . . . . . .  . . . . . . . .  . . . . 

 FORM 49.73-A
Rule 49.73(2)
FORM 49.73–B
Rule 49.73(2)
Form 49.73–C
Rule 49.73
FORM 49.76–A
Rule 49.76(3)
FORM 49.76–B
Rule 49.76(3)
FORM 49.76–BA
Rule 49.76
FORM 49.76–C
Rule 49.73
FORM 49.76–D
Rule 49.76(5)
FORM 49.76–E
Rule 49.76(5)
FORM 49.80B–A
Rule 49.80B(1)
FORM 49.80B–B
Rule 49.80B(2)
FORM 49.80B–C
Rule 49.80B(3)
FORM 49.80E–A
Rule 49.80E(3)
FORM 49.80E–B
Rule 49.80E(3)
FORM 49.80E–C
Rule 49.80E(3)
FORM 49.80E–D
Rule 49.80E(4)
FORM 49.80E–E
Rule 49.780E(5)
FORM 49.80E–F
Rule 49.780E(5)
FORM 49.83–A
Rule 49.83
FORM 49.83–B
Rule 49.83
FORM 49.84–A
Rule 49.84(1)
FORM 49.84–B
Rule 49.84(2)
FORM 50.2–A
Rule 50.2(3)
FORM 50.2–B
Rule 50.2(5)
FORM 51.5
Rule 51.5(3)
Form 52.3
Rule 52.3
FORM 53.2
Rule 53.2(3)
FORM 58.6
Rule 58.6(1)
Form 58.8A
FORM 59.1–A
Rule 59.1(1)(a)
FORM 59.1–B . . . . . . . . . . . . . . . . . . . . . .

FORM 59.1–C . . . . . . . . . . . . . . . . . . . . . .

FORM 59.1–D . . . . . . . . . . . . . . . . . . . . . .

Form 59.1-E . . . . . . . . . . . . . . . . . . . . . .

FORM 59.1-F . . . . . . . . . . . . . . . . . . . . . .

Form 61.2Unto The Right Honourable
The Lords of Council and Session
Petition
of
The Accountant of Court
Under section 9(5)(a) of the Children (Scotland) Act 1995 for the appointment of a judicial factor to [C.D.] (name of child as in birth certificate)
HUMBLY SHEWETH:—
1. That an application has been made to the petitioner under section 9(2) or (3) of the Children (Scotland) Act 1995 for a direction as to the administration of the property of [C.D.] [name and address of child].
2. That [C.D.] [name of child] was born on [date of birth of child].
3. That the property is of the following description:- [description of property].
4. That the property’s value is not less than [minimum value of property].
5. That the property is for the time being held by [name, address and designation of person holding property owned by or due to the child].
6. That for the following reason[s] the appointment of a judicial factor is more appropriate than the making of a direction under paragraph (b) or (c) of section 9(5) of the Children (Scotland) Act 1995; that is to say [statement of reason[s]].
 MAY IT THEREFORE please your Lordships to appoint (name and address of proposed judicial factor), or such other person as the court shall think proper, to be judicial factor to [name and address of child] to administer, in terms of section 9(5)(a) of the Children (Scotland) Act 1995, the property owned by or due to the child, as described at paragraph 4 above.
 According To Justice etc.
 (Signed)
 Accountant of Court.

FORM 61.5–A
Rule 61.5(2)
FORM 61.5–B
Rule 61.5(2)
FORM 61.18
Rule 61.18(a)
FORM 61.20
Rule 61.20(1)
FORM 61.25
Rule 61.25(1)(c)
FORM 61.31
Rule 61.31(2)
FORM 61.33
Rule 61.33(2)(a)
FORM 62.2
Rule 62.(2)(1)(b)
FORM 62.9
Rule 62.9
FORM 62.11
Rule 62.11(2)
FORM 62.16
Rule 62.16
FORM 62.28
Rule 62.28
FORM 62.33
Rule 62.33
FORM 62.38
Rule 62.38(1)
FORM 62.40–A
Rule 62.40(1)(a)
FORM 62.40–B
Rule 62.40(3)
FORM 62.41–A
Rule 62.41(1)
FORM 62.41–B
Rule 62.41(3)
FORM 62.42–A
Rule 62.42(1)
FORM 62.42–B
Rule 62.42(4)
FORM 62.42C–A
Rule 62.42C(1)
FORM 62.42C–B
Rule 62.42C(2)
FORM 62.42C–C
Rule 62.42C(3)
FORM 62.51
Rule 62.51
Form 62.59
Rule 62.59
FORM 62.65
Rule 62.65
FORM 62.69
Rule 62.69(1)
FORM 62.73
Rule 62.73
FORM 62.98
Rule 62.98(1)
FORM 62.101
Rule 62.101
Form 64.6
Form  64.9
FORM 65.3REQUEST
for
PRELIMINARY RULING
of
THE COURT OF JUSTICE OF THE  EUROPEAN UNION
from
THE COURT OF SESSION IN SCOTLAND
in the cause
[A.B.] (designation and address)
Pursuer [or Petitioner or Appellant]
against
[C.D.] (designation and address)
Defender [or Respondent]
[Here set out a clear and succinct statement of the case giving rise to the request for the ruling of the European Court in order to enable the European Court to consider and understand the issues of  EU  law raised and to enable governments of Member States and other interested parties to submit observations. The statement of the case should include:
(a) particulars of the parties;
(b) the history of the dispute between the parties;
(c) the history of the proceedings;
(d) the relevant facts as agreed by the parties or found by the court or, failing such agreement or finding, the contentions of the parties on such facts;
(e) the nature of the issues of law and fact between the parties;
(f) the Scots law, so far as is relevant;
(g) the Treaty provisions or other acts, instruments or rules of EU law concerned; and
(h) an explanation of why the reference is being made.]
The preliminary ruling of the Court of Justice of the  European Union  is accordingly requested on the following questions:
1, 2, etc. [Here set out the questions on which the ruling is sought, identifying the Treaty provisions or other acts, instruments or rules of EU law concerned.]
Dated the  day  of 19.

Rule 67.8(1)
Rule 67.8(2)
Rule 67.13(1)
Rule 67.13(2)
Rule 67.14(1)(b) and (c)
Rule 67.14(1)(d)
Rule 67.25
Rule 67.28
Rule 67.30(1)(b) and (c)(i)
Rule 67.30(1)(c)(ii)
Rule 67.35(3)(b)
Rule 67.35(3)(c)
Rule 67.39(1)
Rule 67.39(2)
Rule 67.43(1)(b)
Rule 67.43(2)
Rule 67.43(10)
FORM 69.2
Rule 69.2(1)
FORM 69.4
Rule 69.4(3)
FORM 69.5
Rule 69.5(2)
FORM 69.15
Rule 64.15
FORM 69.19–A
Rule 69.19(1)
FORM 69.19–B
Rule 69.19(4)
FORM 69.23
Rule 69.23(1)
FORM 72.4
Rule 72.4
FORM 76.9
Rule 76.9
FORM 77.10
Rule 77.10(1)
FORM 77.11
Rule 77.11(1)
FORM 81.5 . . . . . . . .  . . . . . . . . . . . .

FORM 81.9 . . . . . . . .  . . . . . . . . . . . .

FORM 81.12 . . . . . . . .  . . . . . . . . . . . .

 FORM 82.3—A
FORM 82.3—B
FORM 82.4
Rule 82.4
FORM 85.5
Rule 85.5
Form 85A.2
Rule 85A.2(8)
FORM 86.3
Rule 86.3(1)
FORM 87.1
Rule 87.1(2)
FORM 88.5
Rule 88.5(3)
FORM 88.7
Rule 88.7(1)
FORM 94.3
Rule 94.3
FORM 95.3
Rule 95.3
FORM 95.4
Rule 95.4
Form 97.3
Rule 97.3(1)
Form 97.10
Rule 97.10(1)
Form 97.12
Rule 97.12(3)
Form 105.3-A
Rule 105.3(1)
Form 105.3-B
Rule 105.3(2)
Form 105.3-C
Rule 105.3(3)
Form 105.5
Rule 105.5
Form 105.6
Rule 105.6
Form 106.2
Rule 106.2
Form 106.5-A
Rule 106.5(2)(a)
Form 106.5-B
Rule 106.5(2)(a)
Form 106.7
Rule 106.7(1)
Form 106.10-A
Rule 106.10(5)(a)
Form 106.10-B
Rule 106.10(7)
Form 106.11
Rule 106.11(7)
Form 106.12
Rule 106.12(5)
ANNEX

 
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SCHEDULE 3
Paragraph 3(1)
In section 4(3) of the Presumption of Death (Scotland) Act 1977 (person having an interest seeking determination or appointment in application for variation order), for the words “lodge a minute”, substitute the words “make an application to the court”.

SCHEDULE 4
Paragraph 3(2)


Year of Session and Chapter Short title Extent of repeal Rules of the Court of Session 1994
c.10(S.) Citation Act 1540 The whole Act r. 16.1
c.21 (S.) Citation Act 1693 The whole Act Ch. 16
6 Geo. 4, c.120 Court of Session Act 1825 Section 53 r. 16.12(4)
1 & 2 Vict., c.114 Debtors (Scotland) Act 1838 Sections 16, 18 and 20 r. 13.6(c) r. 3.5(4) r. 13.11
31 & 32 Vict., c.100 Court of Session Act 1868 Section 39 r. 29.1(2)(b)
31 & 32 Vict., c.101 Titles to Land Consolidation Act 1868 Section 158 and Schedule QQ r. 13.11 r. 59.1
45 & 46 Vict., c.77 Citation Amendment (Scotland) Act 1882 Sections 3, 4(1) to (4), 5 and 6 and Schedules 1 and 2 in their application to any cause or proceedings in the Court of Session r. 16.4
57 & 58 Vict., c.40 Nautical Assessors (Scotland) Act 1894 Sections 2, 3, 4 and 5 in their application to the Court of Session r. 12.1(3) r. 12.8 r. 12.5 r. 12.9
58 & 59 Vict., c.19 Court of Session Consignations (Scotland) Act 1895 In section 3, the words from “, and the Clerk of Court” to “such Clerk” r. 35.11(2)
SCHEDULE 5
Paragraph 3(3)


Statutory Instrument Year and Number Title of Act of Sederunt Extent of Revocation
1949/1896 Act of Sederunt (Court of Session Jury Trials) 1949 The whole of the Act of Sederunt
1964/1901 Act of Sederunt (Rules of Court Amendment No.5) 1964 The whole of the Act of Sederunt
1965/321 Act of Sederunt (Rules of Court, consolidation and amendment) 1965 The whole of the Act of Sederunt
1965/1090 Act of Sederunt (Rules of Court Amendment No.1) 1965 The whole of the Act of Sederunt
1965/1266 Act of Sederunt (Rules of Court Amendment No.2) 1965 The whole of the Act of Sederunt
1965/1405 Act of Sederunt (Rules of Court Amendment No.3) 1965 The whole of the Act of Sederunt
1966/335 Act of Sederunt (Rules of Court Amendment No.1) 1966 The whole of the Act of Sederunt
1966/868 Act of Sederunt (Rules of Court Amendment No.2) 1966 The whole of the Act of Sederunt
1966/1283 Act of Sederunt (Rules of Court Amendment No.3) 1966 The whole of the Act of Sederunt
1966/1531 Act of Sederunt (Rules of Court Amendment No.4) 1966 The whole of the Act of Sederunt
1966/1620 Act of Sederunt (Rules of Court Amendment No.5) 1966 The whole of the Act of Sederunt
1967/387 Act of Sederunt (Rules of Court Amendment No.1) 1967 The whole of the Act of Sederunt
1967/487 Act of Sederunt (Appointment of Judicial Factors and Rules of Court Amendment No.2) 1967 Paragraphs 5, 6, 7 and 8
1967/1090 Act of Sederunt (Rules of Court Amendment No.3) 1967 The whole of the Act of Sederunt
1967/1789 Act of Sederunt (Rules of Court Amendment No.4) 1967 The whole of the Act of Sederunt
1968/1016 Act of Sederunt (Rules of Court Amendment No.1) 1968 The whole of the Act of Sederunt
1968/1122 Act of Sederunt (Form of Extract Decree of Divorce) 1968 The whole of the Act of Sederunt
1968/1150 Act of Sederunt (Rules of Court Amendment No.2) 1968 The whole of the Act of Sederunt
1968/1602 Act of Sederunt (Rules of Court Amendment No.3) 1968 The whole of the Act of Sederunt
1968/1759 Act of Sederunt (Rules of Court Amendment No.4) 1968 The whole of the Act of Sederunt
1968/1760 Act of Sederunt (Rules of Court Amendment No.5) 1968 The whole of the Act of Sederunt
1969/474 Act of Sederunt (Rules of Court Amendment No.1) 1969 The whole of the Act of Sederunt
1969/475 Act of Sederunt (Rules of Court Amendment No.2) 1969 The whole of the Act of Sederunt
1969/1702 Act of Sederunt (Rules of Court Amendment No.3) 1969 The whole of the Act of Sederunt
1969/1703 Act of Sederunt (Rules of Court Amendment No.4) 1969 The whole of the Act of Sederunt
1969/1819 Act of Sederunt (Rules of Court Amendment No.5) 1969 The whole of the Act of Sederunt
1970/96 Act of Sederunt (Rules of Court Amendment No.1) 1970 The whole of the Act of Sederunt
1970/134 Act of Sederunt (Rules of Court Amendment No.2) 1970 The whole of the Act of Sederunt
1970/682 Act of Sederunt (Rules of Court Amendment No.3) 1970 The whole of the Act of Sederunt
1970/1058 Act of Sederunt (Rules of Court Amendment No.4) 1970 The whole of the Act of Sederunt
1970/1746 Act of Sederunt (Rules of Court Amendment No.5) 1970 The whole of the Act of Sederunt
1971/66 Act of Sederunt (Rules of Court Amendment No.1) 1971 The whole of the Act of Sederunt
1971/201 Act of Sederunt (Rules of Court Amendment No.1) (Alteration of Operative Date) 1971 The whole of the Act of Sederunt
1971/202 Act of Sederunt (Rules of Court Amendment No.2) 1971 The whole of the Act of Sederunt
1971/203 Act of Sederunt (Rules of Court Amendment No.3) 1971 The whole of the Act of Sederunt
1971/265 Act of Sederunt (Rules of Court Amendment No.4) 1971 The whole of the Act of Sederunt
1971/1161 Act of Sederunt (Rules of Court Amendment No.5) 1971 The whole of the Act of Sederunt
1971/198 Act of Sederunt (Rules of Court Amendment No.5) 1970 (Alteration of Fees to Shorthand Writers) 1971 The whole of the Act of Sederunt
1971/1162 Act of Sederunt (Rules of Court Amendment No.6) 1971 The whole of the Act of Sederunt
1971/1165 Act of Sederunt (Edictal Citations, Commissary Petitions and Petitions of Service) 1971 Paragraph 1
1971/1215 Act of Sederunt (Rules of Court Amendment No.7) 1971 The whole of the Act of Sederunt
1971/1714 Act of Sederunt (Rules of Court Amendment No.8) 1971 The whole of the Act of Sederunt
1971/1797 Act of Sederunt (Rules of Court Amendment No.9) 1971 The whole of the Act of Sederunt
1971/1809 Act of Sederunt (Rules of Court Amendment No.10) 1971 The whole of the Act of Sederunt
1972/164 Act of Sederunt (Rules of Court Amendment No.1) 1972 The whole of the Act of Sederunt
1972/1530 Act of Sederunt (Rules of Court Amendment No.2) 1972 The whole of the Act of Sederunt
1972/1672 Act of Sederunt (Rules of Court Amendment No.3) 1972 (Alteration of Fees to Shorthand Writers) 1972 The whole of the Act of Sederunt
1972/1835 Act of Sederunt (Rules of Court Amendment No.4) 1972 The whole of the Act of Sederunt
1972/1981 Act of Sederunt (Rules of Court Amendment No.5) 1972 The whole of the Act of Sederunt
1972/1982 Act of Sederunt (Rules of Court Amendment No.6) 1972 The whole of the Act of Sederunt
1972/2021 Act of Sederunt (Rules of Court Amendment No.7) 1972 The whole of the Act of Sederunt
1972/2022 Act of Sederunt (Rules of Court Amendment No.8) 1972 The whole of the Act of Sederunt
1973/145 Act of Sederunt (Rules of Court Amendment No.1) 1973 The whole of the Act of Sederunt
1973/360 Act of Sederunt (Rules of Court Amendment No.2) 1973 The whole of the Act of Sederunt
1973/540 Act of Sederunt (Rules of Court Amendment No.3) 1973 The whole of the Act of Sederunt
1973/541 Act of Sederunt (Rules of Court Amendment No.4) 1973 The whole of the Act of Sederunt
1973/984 Act of Sederunt (Rules of Court Amendment No.5 1973) (Alteration of fees to Shorthand Writers) 1973 The whole of the Act of Sederunt
1973/1991 Act of Sederunt (Rules of Court Amendment No.6) 1973 The whole of the Act of Sederunt
1974/845 Act of Sederunt (Rules of Court Amendment) 1974 The whole of the Act of Sederunt
1974/945 Act of Sederunt (Rules of Court Amendment No.2) 1974 The whole of the Act of Sederunt
1974/946 Act of Sederunt (Rules of Court Amendment No.3) 1974 The whole of the Act of Sederunt
1974/1603 Act of Sederunt (Rules of Court Amendment No.4) 1974 The whole of the Act of Sederunt
1974/1628 Act of Sederunt (Rules of Court Amendment No.5) (Alteration of Fees to Shorthand Writers) 1974 The whole of the Act of Sederunt
1974/1686 Act of Sederunt (Rules of Court Amendment No.6) 1974 The whole of the Act of Sederunt
1974/2090 Act of Sederunt (Rules of Court Amendment No.7) 1974 The whole of the Act of Sederunt
1975/89 Act of Sederunt (Rules of Court Amendment) 1975 The whole of the Act of Sederunt
1975/1106 Act of Sederunt (Rules of Court Amendment No.2) 1975 The whole of the Act of Sederunt
1975/1585 Act of Sederunt (Rules of Court Amendment No.3) (Alteration of Fees to Shorthand Writers) 1975 The whole of the Act of Sederunt
1976/137 Act of Sederunt (Rules of Court Amendment) 1976 The whole of the Act of Sederunt
1976/282 Act of Sederunt (Rules of Court Amendment No.2) 1976 The whole of the Act of Sederunt
1976/372 Act of Sederunt (Rules of Court Amendment No.3) (Alteration of Fees to Shorthand Writers) 1976 The whole of the Act of Sederunt
1976/745 Act of Sederunt (Rules of Court Amendment No.4) (Transmission of Records) 1976 The whole of the Act of Sederunt
1976/779 Act of Sederunt (Rules of Court Amendment No.5) (Appeals under Social Security Acts) 1976 The whole of the Act of Sederunt
1976/847 Act of Sederunt (Rules of Court Amendment No.6) (Appeals under Consumer Credit Act 1974) 1976 The whole of the Act of Sederunt
1976/867 Act of Sederunt (Rules of Court Amendment No.7) (Solicitor’s Admission Fees) 1976 The whole of the Act of Sederunt
1976/1605 Act of Sederunt (Rules of Court Amendment No.9) (Alteration of Fees to Shorthand Writers No.2) 1976 The whole of the Act of Sederunt
1976/1849 Act of Sederunt (Rules of Court Amendment No.10) (Revenue Appeals) 1976 The whole of the Act of Sederunt
1976/1994 Act of Sederunt (Rules of Court Amendment No.11) (Consistorial Actions) 1976 The whole of the Act of Sederunt
1976/2196 Act of Sederunt (Rules of Court Amendment No.13) (Medical Witnesses' Fees) 1976 The whole of the Act of Sederunt
1976/2197 Act of Sederunt (Rules of Court Amendment No.14) (Third Party Procedure) 1976 The whole of the Act of Sederunt
1977/472 Act of Sederunt (Rules of Court Amendment No.2) (Adoption Proceedings) 1977 The whole of the Act of Sederunt
1977/974 Act of Sederunt (Rules of Court Amendmen t No.3) (Applications under Companies and Insolvency Acts 1976) 1977 The whole of the Act of Sederunt
1977/978 Act of Sederunt (Rules of Court Amendment No.4) (Shorthand Writers' Fees) 1977 The whole of the Act of Sederunt
1977/1621 Act of Sederunt (Rules of Court Amendment No.5) (Miscellaneous Amendments) 1977 The whole of the Act of Sederunt
1978/106 Act of Sederunt (Rules of Court Amendment No.1) (Consistorial Causes) 1978 The whole of the Act of Sederunt
1978/161 Act of Sederunt (Rules of Court Amendment No.3) (Presumption of Death) 1978 The whole of the Act of Sederunt
1978/690 Act of Sederunt (Rules of Court Amendment No.4) (Commercial Causes) 1978 The whole of the Act of Sederunt
1978/799 Act of Sederunt (Rules of Court Amendment No.5) (Depute Clerks of Session) 1978 The whole of the Act of Sederunt
1978/925 Act of Sederunt (Rules of Court Amendment No.6) (Shorthand Writers' Fees) 1978 The whole of the Act of Sederunt
1978/955 Act of Sederunt (Rules of Court Amendment No.8) (Patent Rules) 1978 The whole of the Act of Sederunt
1978/1373 Act of Sederunt (Rules of Court Amendment No.9) (Convention Adoption Rules) 1978 The whole of the Act of Sederunt
1978/1804 Act of Sederunt (Rules of Court Amendment No.10) (Induciae) 1978 The whole of the Act of Sederunt
1979/516 Act of Sederunt (Rules of Court Amendment No.2) (European Assembly Election Petitions) 1979 The whole of the Act of Sederunt
1979/670 Act of Sederunt (Rules of Court Amendment No.3) (International Oil Pollution Compensation Fund) 1979 The whole of the Act of Sederunt
1079/1033 Act of Sederunt (Rules of Court Amendment No.4) (Shorthand Writers' Fees) 1979 The whole of the Act of Sederunt
1979/1410 Act of Sederunt (Rules of Court Amendment No.5) 1979 The whole of the Act of Sederunt
1980/290 Act of Sederunt (Rules of Court Amendment No.1) (Adoption Proceedings) 1980 The whole of the Act of Sederunt
1980/891 Act of Sederunt (Rules of Court Amendment No.3) (Protection of Trading Interests Act 1980) 1980 The whole of the Act of Sederunt
1980/892 Act of Sederunt (Rules of Court Amendment No.4) (Applications under section 85 of Fair Trading Act 1973) 1980 The whole of the Act of Sederunt
1980/909 Act of Sederunt (Rules of Court Amendment No.5) (Witnesses' Fees) 1980 The whole of the Act of Sederunt
1980/1016 Act of Sederunt (Rules of Court Amendment No.6) (Shorthand Writers' Fees) 1980 The whole of the Act of Sederunt
1980/1144 Act of Sederunt (Rules of Court Amendment No.7) (Miscellaneous Amendments) 1980 The whole of the Act of Sederunt
1980/1754 Act of Sederunt (Rules of Court Amendment No.8) (Leave to appeal and appeals from Social Security Commissioners) 1980 The whole of the Act of Sederunt
1980/1801 Act of Sederunt (Rules of Court Amendment No.9) (Remits from Sheriff Court) 1980 The whole of the Act of Sederunt
1981/1137 Act of Sederunt (Rules of Court Amendment No.3) (Shorthand Writers' Fees) 1981 The whole of the Act of Sederunt
1982/654 Act of Sederunt (Rules of Court Amendment No.3) (Court Fees) 1982 The whole of the Act of Sederunt
1982/804 Act of Sederunt (Rules of Court Amendment No.4) (Shorthand Writers' Fees) 1982 The whole of the Act of Sederunt
1982/1381 Act of Sederunt (Rules of Court Amendment No.5) (Application under Matrimonial Homes (Family Protection) (Scotland) Act 1981) 1982 The whole of the Act of Sederunt
1982/1679 Act of Sederunt (Rules of Court Amendment No.6) (Simplified Divorce Procedure) 1982 The whole of the Act of Sederunt
1982/1723 Act of Sederunt (Rules of Court Amendment No.7) (Witnesses' Fees) 1982 The whole of the Act of Sederunt
1982/1824 Act of Sederunt (Rules of Court Amendment No.8) (Court Fees in Simplified Divorce Procedure) 1982 The whole of the Act of Sederunt
1982/1825 Act of Sederunt (Rules of Court Amendment No.9) (Miscellaneous Amendments) 1982 The whole of the Act of Sederunt
1983/397 Act of Sederunt (Rules of Court Amendment No.1) (Appeals under Social Security Acts) 1983 The whole of the Act of Sederunt
1983/398 Act of Sederunt (Rules of Court Amendment No.2) (Interest in Decrees or Extracts) 1983 The whole of the Act of Sederunt
1983/656 Act of Sederunt (Rules of Court Amendment No.3) (Letters of Request) 1983 The whole of the Act of Sederunt
1983/826 Act of Sederunt (Rules of Court Amendment No.4) (Taxation of Accounts) 1983 The whole of the Act of Sederunt
1983/1210 Act of Sederunt (Rules of Court Amendment No.6) (Simplified Divorce Procedure) 1983 The whole of the Act of Sederunt
1984/1642 Act of Sederunt (Rules of Court Amendment No.7) (Shorthand Writers' Fees) 1983 The whole of the Act of Sederunt
1984/235 Act of Sederunt (Rules of Court Amendment No.1) (Court Fees) 1984 The whole of the Act of Sederunt
1984/472 Act of Sederunt (Rules of Court Amendment No.2) (Miscellaneous) 1984 The whole of the Act of Sederunt
1984/499 Act of Sederunt (Rules of Court Amendment No.3) (Summary Decree and Other Amendments) 1984 The whole of the Act of Sederunt
1984/919 Act of Sederunt (Amendment of Rules of Court No.4) (Provisional Damages) 1984 The whole of the Act of Sederunt
1984/920 Act of Sederunt (Amendment of Rules of Court No.5) (Intimation in fatal accident cases) 1984 The whole of the Act of Sederunt
1984/997 Act of Sederunt (Rules of Court Amendment No.6) (Adoption Proceedings) 1984 The whole of the Act of Sederunt
1985/1133 Act of Sederunt (Rules of Court Amendment No.8) (Shorthand Writers' Fees) 1984 The whole of the Act of Sederunt
1985/227 Act of Sederunt (Rules of Court Amendment No.1) (Optional Procedure in Certain Actions of Reparation) 1985 The whole of the Act of Sederunt
1985/500 Act of Sederunt (Rules of Court Amendment No.2) (Judicial Review) 1985 The whole of the Act of Sederunt
1985/760 Act of Sederunt (Rules of Court Amendment No.4) (Shorthand Writers' Fees) 1985 The whole of the Act of Sederunt
1985/1178 Act of Sederunt (Rules of Court Amendment No.5) (Interest in Decrees or Extracts) 1985 The whole of the Act of Sederunt
1985/1426 Act of Sederunt (Rules of Court Amendment No.6) (Election Petitions) 1985 The whole of the Act of Sederunt
1986/1600 Act of Sederunt (Rules of Court Amendment No.7) (Miscellaneous Amendments) 1985 The whole of the Act of Sederunt
1986/514 Act of Sederunt (Rules of Court Amendment No.1) (Bankruptcy Forms) 1986 The whole of the Act of Sederunt
1986/515 Act of Sederunt (Rules of Court Amendment No.2) (Custody of Children) 1986 The whole of the Act of Sederunt
1986/694 Act of Sederunt (Rules of Court Amendment No.3) (Companies and Insolvency) 1986 The whole of the Act of Sederunt
1986/799 Act of Sederunt (Rules of Court Amendment No.4) (Liner Conferences) 1986 The whole of the Act of Sederunt
1986/9678 Act of Sederunt (Rules of Court Amendment No.5) (Solicitors' Fees) 1986 The whole of the Act of Sederunt
1986/1128 Act of Sederunt (Rules of Court Amendment No.6) (Shorthand Writers' Fees) 1986 The whole of the Act of Sederunt
1986/1231 Act of Sederunt (Rules of Court Amendment No.7) (Consistorial Causes) 1986 The whole of the Act of Sederunt
1986/1937 Act of Sederunt (Rules of Court Amendment No.8) (Miscellaneous) 1986 The whole of the Act of Sederunt
1986/1941 Act of Sederunt (Rules of Court Amendment No.9) (Jurisdiction and Enforcement) 1986 The whole of the Act of Sederunt
1986/1955 Act of Sederunt (Rules of Court Amendment No.10) (Miscellaneous Amendments) 1986 The whole of the Act of Sederunt
1987/2298 Act of Sederunt (Rules of Court Amendment No.11) (Companies) 1986 The whole of the Act of Sederunt
1987/12 Act of Sederunt (Rules of Court Amendment No.1) (Drug Trafficking) 1987 The whole of the Act of Sederunt
1987/871 Act of Sederunt (Rules of Court Amendment No.2) (Solicitors' Fees) 1987 The whole of the Act of Sederunt
1987/1079 Act of Sederunt (Rules of Court Amendment No.3) (Shorthand Writers' Fees) 1987 The whole of the Act of Sederunt
1987/1206 Act of Sederunt (Rules of Court Amendment No.4) (Miscellaneous) 1987 The whole of the Act of Sederunt
1988/2160 Act of Sederunt (Rules of Court Amendment No.5) (Miscellaneous) 1987 The whole of the Act of Sederunt
1988/615 Act of Sederunt (Rules of the Court of Session Amendment No.1) (Family Law) 1988 The whole of the Act of Sederunt
1988/684 Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1988 The whole of the Act of Sederunt
1988/1032 Act of Sederunt (Rules of the Court of Session Amendment No.3) (Shorthand Writers' Fees) 1988 The whole of the Act of Sederunt
1988/1521 Act of Sederunt (Rules of the Court of Session Amendment No.4) (Commercial Actions) 1988 The whole of the Act of Sederunt
1988/2059 Act of Sederunt (Form of charge for payment) 1988 The whole of the Act of Sederunt in its application to the Court of Session
1988/2060 Act of Sederunt (Rules of the Court of Session Amendment No.5) (Time to pay directions) 1988 The whole of the Act of Sederunt
1988/435 Act of Sederunt (Rules of the Court of Session Amendment No.1) (Written Statements) 1989 The whole of the Act of Sederunt
1988/445 Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1989 The whole of the Act of Sederunt
1989/778 Act of Sederunt (Rules of the Court of Session Amendment No.3) (Shorthand Writers' Fees) 1989 The whole of the Act of Sederunt
1990/705 Act of Sederunt (Rules of the Court of Session Amendment No.1) (Miscellaneous) 1990 The whole of the Act of Sederunt
1990/717 Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1990 The whole of the Act of Sederunt
1990/798 Act of Sederunt (Rules of the Court of Session Amendment No.3) (Shorthand Writers' Fees) 1990 The whole of the Act of Sederunt
1990/1262 Act of Sederunt (Rules of the Court of Session Amendment No.4) (Solicitors' Fees) 1990 The whole of the Act of Sederunt
1990/272 Act of Sederunt (Rules of the Court of Session Amendment No.1) (Fees of Solicitors) 1991 The whole of the Act of Sederunt
1991/1157 Act of Sederunt (Rules of the Court of Session Amendment No.2) (Miscellaneous) 1991 The whole of the Act of Sederunt
1991/846 Act of Sederunt (Rules of the Court of Session Amendment No.3) (Solicitors' Fees) 1991 The whole of the Act of Sederunt
1991/1158 Act of Sederunt (Rules of the Court of Session Amendment No.4) (Shorthand Writers' Fees) 1991 The whole of the Act of Sederunt
1991/1183 Act of Sederunt (Rules of the Court of Session Amendment No.5) (Prevention of Terrorism) 1991 The whole of the Act of Sederunt
1991/1621 Act of Sederunt (Rules of the Court of Session Amendment No.7) (Patents Rules) 1991 The whole of the Act of Sederunt
1991/1915 Act of Sederunt (Rules of the Court of Session Amendment No.8) (Discharge of Judicial Factors) 1991 The whole of the Act of Sederunt
1991/2213 Act of Sederunt (Rules of the Court of Session Amendment No.9) (International Commercial Arbitration) 1991 The whole of the Act of Sederunt
1991/2483 Act of Sederunt (Rules of the Court of Session Amendment No.10) (Miscellaneous) 1991 The whole of the Act of Sederunt
1991/2652 Act of Sederunt (Rules of the Court of Session Amendment No.11) (Applications under the Access to Health Records Act 1990) 1991 The whole of the Act of Sederunt
1992/88 Act of Sederunt (Rules of the Court of Session Amendment) (Optional Procedure and Miscellaneous) 1992 The whole of the Act of Sederunt
1992/894 Act of Sederunt (Rules of the Court of Session Amendment No.2) (Solicitors' Fees) 1992 The whole of the Act of Sederunt
1992/1433 Act of Sederunt (Rules of the Court of Session Amendment No.3) (Taxation of Accounts) 1992 The whole of the Act of Sederunt
1992/1422 Act of Sederunt (Rules of the Court of Session Amendment No.4) (Solicitors, Notaries Public, Qualified Conveyancers and Executry Practitioners) 1992 The whole of the Act of Sederunt
1992/1533 Act of Sederunt (Rules of the Court of Session Amendment No.5) (Public Trusts) 1992 The whole of the Act of Sederunt
1992/1905 Act of Sederunt (Rules of the Court of Session Amendment No.6) (Shorthand Writers' Fees) 1992 The whole of the Act of Sederunt
1992/1906 Act of Sederunt (Rules of the Court of Session Amendment No.7) (Witnesses' Fees) 1992 The whole of the Act of Sederunt
1992/1898 Act of Sederunt (Rules of the Court of Session Amendment No.8) (Fees of Solicitors in Speculative Actions) 1992 The whole of the Act of Sederunt
1992/2289 Act of Sederunt (Rules of the Court of Session Amendment No.9) (Miscellaneous) 1992 The whole of the Act of Sederunt
1993/770 Act of Sederunt (Rules of the Court of Session Amendment) (Interest in Decrees and Extracts) 1993 The whole of the Act of Sederunt
1993/899 Act of Sederunt (Rules of the Court of Session Amendment) (Register of Insolvencies) 1993 The whole of the Act of Sederunt
1993/900 Act of Sederunt (Rules of the Court of Session Amendment No.2) (Fees of Solicitors) 1993 The whole of the Act of Sederunt
1993/1357 Act of Sederunt (Rules of the Court of Session Amendment No.3) (Shorthand Writers' Fees) 1993 The whole of the Act of Sederunt
1994/1139 Act of Sederunt (Rules of the Court of Session Amendment No.1) (Fees of Solicitors) 1994 The whole of the Act of Sederunt
1994/1140 Act of Sederunt (Rules of the Court of Session Amendment No.2) (Shorthand Writers' Fees) 1994 The whole of the Act of Sederunt
TABLE OF DERIVATIONS

(1) The following abbreviations are used in this Table:–
 A.S. –Act of Sederunt
 P.N. –Practice Note
 R.C.S. 1994 –The Rules of the Court of Session 1994 in Schedule 2 to this Act of Sederunt.
(2) Unless otherwise stated, a reference to a rule in the derivation column of this Table is a reference to that rule in the Rules of the Court of Session in the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 [S.I. 1965/321].

R.C.S. 1994 rule Derivation
Chapter 1, r. 1.3(2) r. 168(3)
r. 1.3(3) r. 68G
Chapter 2, r.2.1 A.S. (Rules of Court, consolidation and amendment) 1965, para. (4)
Chapter 3, r. 3.1 r. 12(a) (part) and (b) (part)
r. 3.2(1) r. 12(b) (part)
r. 3.2(2) r. 13(a) as amended by S.I. 1982/1679
r. 3.2(3) r. 15
r. 3.3(1) r. 12(b) (part)
r. 3.3(2) r. 13(b)
r. 3.4(2) r. 14
r. 3.5(1) r. 12(b) (part)
r. 3.5(4) A.S. (Edictal Citations, Commissary Petitions and Petitions of Service) 1971 [S.I. 1971/1165]
r. 3.6(1) r. 12(b) (part)
r. 3.6(2) r. 13(c)
Chapter 4, r. 4.1 r. 19
r. 4.2(1) and (7) r. 73(a) as amended by S.I. 1991/2483
r. 4.2(2) r. 73(b)
r. 4.2(3), (4) and (8) r. 28(1) as amended by S.I. 1991/2483
r. 4.2(3) and (4) r. 193 as amended by S.I. 1986/514 and 1991/2483
r. 4.2(9) r. 28(2) inserted by S.I. 1991/2483
r. 4.3 P.N. No.3 of 1976, para. 3(i)
r. 4.4(1) and (2) r. 20
r. 4.4(3) r. 78(d) as amended by S.I. 1990/705, and r. 194
r. 4.5 r. 25
r. 4.6 r. 21
r. 4.6(1)(b) r. 83(d)
r. 4.7 r. 26(b)
r. 4.8 r. 26(a)
r. 4.9 r. 27
r. 4.10 r. 29
r. 4.11(1) and (2) r. 31(a)
r. 4.12(1) to (4) r. 32(a)
r. 4.12(5) r. 32(b)
r. 4.14 r. 23
r. 4.15(2) and (5) r. 30(1) substituted by S.I. 1984/472
r. 4.15(3) r. 93A inserted by S.I. 1978/799 and as amended by S.I. 1984/472
r. 4.15(4) r. 30(3) substituted by S.I. 1984/472
r. 4.15(6) r. 30(2) substituted by S.I. 1984/472
r. 4.16(2), (3) and (5) r. 295
r. 4.16(4) r. 30(3) inserted by S.I. 1986/1937
r. 4.16(6) r. 30(1) substituted by S.I. 1984/472
r. 4.16(7) r. 30(2) substituted by S.I. 1984/472
Chapter 5, r. 5.1 r. 68H inserted by S.I. 1990/2118
r. 5.1(d) r. 218A(1)
r. 5.2 r. 68I inserted by S.I. 1990/2118
Chapter 6, r. 6.1 r. 18
r. 6.2(2) r. 17
r. 6.2(3) r. 94(a)
r. 6.2(4) P.N. 5th May 1972
r. 6.2(5) to (11) r. 91C inserted by S.I. 1987/1206 and as amended by S.I. 1990/2118
r. 6.2(12) P.N. No.2 of 1987, para. 5
r. 6.2(13) and (14) P.N. 29th May 1975
r. 6.3(2) to (7), (9) and (10) r. 294C inserted by S.I. 1987/1206
r. 6.3(8) P.N. No.2 of 1987, para. 5
r. 6.4 r. 16
Chapter 7, r. 7.1 P.N. 9th July 1980, regs. 1 and 3
r. 7.2(1) r. 168(11) substituted by S.I. 1978/106
r. 7.2(2) r. 170K inserted by S.I. 1982/1679
r. 7.2(3) P.N. 9th July 1980, regs. 6, 7 and 8
r. 7.3 P.N. 9th July 1980, reg. 1
r. 7.4 P.N. 9th July 1980, reg. 2
r. 7.5 P.N. 9th July 1980, reg. 5A
r. 7.6 P.N. 9th July 1980, reg. 5
r. 7.7 r. 66 as amended by S.I. 1969/1819, 1974/2090, 1983/398, 1985/1178 and 1993/770
r. 7.8 r. 63A inserted by S.I. 1986/1937
r. 7.9(2) and (3) r. 63 substituted by S.I. 1986/1937
r. 7.10 r. 64
r. 7.11(2) r. 170D(6) inserted by S.I. 1976/1994
Chapter 8, r. 8.1 r. 36
Chapter 9, r. 9.1 r. 32A inserted by S.I. 1976/745 and as amended by S.I. 1982/1825
r. 9.2 r. 34
Chapter 10, r. 10.1(2) and (3) r. 68B inserted by S.I. 1987/2160
r. 10.2 r. 68C inserted by S.I. 1987/2160
r. 10.3 r. 68D inserted by S.I. 1987/2160
r. 10.5 r. 68E inserted by S.I. 1987/2160
r. 10.6 r. 68F inserted by S.I. 1987/2160
Chapter 11, r. 11.1 r. 1 as amended by S.I. 1987/1206
Chapter 12, r. 12.1(1) r. 37 as amended by S.I. 1978/955, and r. 38
r. 12.1(2) r. 40
r. 12.1(3) Nautical Assessors (Scotland) Act 1894 (c. 40), s. 2; r. 41
r. 12.2 r. 44(c)
r. 12.3 r. 39(a)
r. 12.4 r. 39(c)
r. 12.5 Nautical Assessors (Scotland) Act 1894, s. 4; rr. 38 and 46(a)
r. 12.6 r. 43
r. 12.7(1) r. 146
r. 12.7(2) to (4) r. 42
r. 12.8 Nautical Assessors (Scotland) Act 1894, s. 3; r. 45
r. 12.9 Nautical Assessors (Scotland) Act 1894, s. 5; r. 44(b)
Chapter 13, r. 13.1 r. 69 (part)
r. 13.2(1) to (3) and (5) r. 70(1)(a) and (b) as amended by S.I. 1984/472
r. 13.2(4) r. 70(1)(c) inserted by S.I. 1986/1941 and as amended by S.I. 1987/1206
r. 13.3 r. 71
r. 13.4(1)(a) to (c) and (3) r. 72(1) and (3) substituted by S.I. 1986/1941
r. 13.4(1)(d) r. 75(7) substituted by S.I. 1986/1941
r. 13.5(1) and (2) r. 74 (preamble (part))
r. 13.5(2) to (5) P.N. No.3 of 1976
r. 13.6 Debtors (Scotland) Act 1838 (c. 114), s. 16; r. 70(2)(b) inserted by S.I. 1984/472, and r. 74 (preamble (part)) as amended by S.I. 1986/1941
r. 13.7(2) A.S. 8th July 1831, para. III
r. 13.8(1) r. 74(d)
r. 13.8(2) r. 74(f) (part)
r. 13.8(3) r. 74(d) and (f) (part)
r. 13.9(1) r. 70(2)(a) inserted by S.I. 1984/472, and r. 74(e) (as amended by S.I. 1984/472) and (f)
r. 13.9(2) and (3) r. 74(e) (as amended by S.I. 1984/472) and (f)
r. 13.10(1) and (2) Debtors (Scotland) Act 1838, s. 20; r. 74(g) as amended by S.I. 1990/705 and 1991/2483
r. 13.10(3) r. 74(h) as amended by S.I. 1990/705
r. 13.11 r. 74(g) and (h), and r. 140(d) and (dd), as amended by S.I. 1990/705
r. 13.12 r. 76 as amended by S.I. 1991/2483
r. 13.13(1) and (2) r. 78; P.N. No.3 of 1976, para. 3(vi)
r. 13.13(1) to (5) r. 78(a) to (c) and (e)
r. 13.13(6) A.S. 8th July 1831, para. III
r. 13.14 r. 80(a)
Chapter 14, r. 14.2 r. 69 and r. 189(a) (preamble) (as amended by S.I. 1970/134), (i), (ii), (iii) (substituted by S.I. 1987/1206), (iv) (as amended by S.I. 1987/1206) and (xxxvii) (inserted by S.I. 1990/705)
r. 14.3(a) to (j) r. 190 (preamble) (as amended by S.I. 1970/134), (i) (as amended by S.I. 1980/1144), (iv) (as amended by S.I. 1992/1422), (v) and (vi) (as amended by S.I. 1976/283 and 1987/1206), (vii) (as amended by S.I. 1976/283 and 1977/1621), (viii)–(x) (substituted by S.I. 1987/1206) and (xi) (inserted by S.I. 1992/1422)
r. 14.4 r. 191 as amended by S.I. 1987/1206
r. 14.5 r. 195(a) (part)
r. 14.6(1)(a) to (c) r. 192(1) substituted by S.I. 1986/1941
r. 14.6(2) r. 192(3) substituted by S.I. 1986/1941
r. 14.7(1) r. 195(a) (part)
r. 14.7(2) r. 195(c) as amended by S.I. 1986/1941
r. 14.9(1) r. 197 (preamble) as amended by S.I. 1986/1941
r. 14.9(2) r. 197(a) substituted by S.I. 1986/1941
r. 14.9(3) r. 197(b) substituted by S.I. 1986/1941
r. 14.9(4) r. 197(c) substituted by S.I. 1986/1941
r. 14.9(5) r. 197(d)
Chapter 16, r. 16.1(1) r. 74A(1) inserted by S.I. 1984/472 and as amended by S.I. 1985/1600, 1986/1941 and 1990/705
r. 16.1(3) r. 74A(3) inserted by S.I. 1984/472, and r. 77
r. 16.1(4) r. 195(d)
r. 16.2(2) r. 74B(1) inserted by S.I. 1986/1941
r. 16.2(3) r. 74B(4) inserted by S.I. 1986/1941
r. 16.2(4) r. 74B(5) inserted by S.I. 1986/1941
r. 16.2(5) r. 74B(6) inserted by S.I. 1986/1941
r. 16.3(1), (2), (3) and (5) r. 74A(4) inserted by S.I. 1984/472 and as amended by S.I. 1990/705 and 1991/1157
r. 16.3(4) r. 74(i)
r. 16.4(2) r. 68A inserted by S.I. 1968/1150, and r. 74A(5) (inserted by S.I. 1984/472) and (6) (inserted by S.I. 1984/472 and as amended by S.I. 1991/2483), and r. 74B(3)(a) (part) inserted by S.I. 1986/1941 and as amended by S.I. 1991/2483
r. 16.4(3) r. 74B(7)(b) inserted by S.I. 1986/1941
r. 16.4(4) r. 74(a) (part), r. 74A(7) inserted by S.I. 1984/472, and r. 74B(3)(b) inserted by S.I. 1986/1941
r. 16.4(6) r. 72(2), and r. 192(2), substituted by S.I. 1986/1941
r. 16.4(7) r. 74A(8) substituted by S.I. 1984/472
r. 16.5(1) r. 75(1) substituted by S.I. 1986/1941 and as amended by S.I. 1987/1206, and r. 75(2) substituted by S.I. 1986/1941
r. 16.5(3) r. 75(4) substituted by S.I. 1986/1941
r. 16.5(5) r. 75(3) substituted by S.I. 1986/1941 and as amended by S.I. 1991/2483
r. 16.5(6) r. 75(5) substituted by S.I. 1986/1941
r. 16.6(1) r. 74B(7)(a) inserted by S.I. 1986/1941
r. 16.6(3) r. 74B(4)(b), (5)(b), (6)(b) and (7)(a), inserted by S.I. 1986/1941
r. 16.6(4) r. 74B(8) inserted by S.I. 1986/1941
r. 16.10 r. 74(b) as amended by S.I. 1991/2483
r. 16.11 r. 82
r. 16.12(4) Court of Session Act 1825 (c. 120), s. 53
r. 16.13(1) (part), (3) and (4) r. 140(a)
r. 16.14 r. 140(b)
r. 16.15(2) r. 74(c) and r. 140(c)
Chapter 17, r. 17.1(1) r. 81(1) substituted by S.I. 1991/2483
r. 17.1(2) r. 81(1B) inserted by S.I. 1991/2483
r. 17.2 r. 81(2)
r. 17.1(3) r. 86
r. 17.2 r. 81(2) inserted by S.I. 1986/1941
Chapter 18, r. 18.1(1) r. 83(b)
r. 18.1(2) r. 83(a)
r. 18.2 r. 83(e) inserted by S.I. 1986/1941
r. 18.3(2) r. 196(b)
r. 18.3(3) r. 196(a)
Chapter 19, r. 19.1(1) and (2) r. 89(a) (part) as amended by S.I. 1984/472
r. 19.1(4) r. 89(aa) inserted by S.I. 1984/472
r. 19.1(5) r. 89(b) substituted by S.I. 1986/1941
r. 19.1(6) r. 89(c) substituted by S.I. 1986/1941
r. 19.1(7) r. 89(i) inserted by S.I. 1984/472 and as amended by S.I. 1986/1941
r. 19.2(1) r. 89(ab) inserted by S.I. 1984/472
r. 19.2(2), (3) and (4) r. 89(e) and (f)
r. 19.2(5) r. 89(d) substituted by S.I. 1986/1941
r. 19.2(7) r. 89(j) inserted by S.I. 1986/1941
Chapter 20, r. 20.1(b), (3) and (4) r. 94(d) as amended by S.I. 1991/2483
Chapter 21, r. 21.1 r. 89B(1) inserted by S.I. 1984/499 and as amended by S.I. 1990/705
r. 21.2 r. 89B(2) to (6) inserted by S.I. 1984/499
r. 21.3(1) r. 89B(7) inserted by S.I. 1984/499
Chapter 22, r. 22.1(1) r. 90(1) as amended by S.I. 1980/1144
r. 22.1(3) r. 90(2) as amended by S.I. 1980/1144
r. 22.2(1) r. 90(4) inserted by S.I. 1980/1144
r. 22.2(2) r. 90(5) inserted by S.I. 1980/1144
r. 22.2(3) r. 90(3) inserted by S.I. 1980/1144
r. 22.2(4) and (5) r. 90A(2)(a) and (3) inserted by S.I. 1980/1144
r. 22.3(1) r. 91(1) substituted by S.I. 1982/1825
r. 22.3(2) r. 91(2) substituted by S.I. 1982/1825
r. 22.3(3) r. 91(5) substituted by S.I. 1982/1825
r. 22.3(5) r. 91(3) substituted by S.I. 1982/1825
r. 22.3(6) r. 91(6) substituted by S.I. 1982/1825
Chapter 23, r. 23.2(1) r. 93(a)
r. 23.2(2) r. 93(b) and (c) (part), r. 198 (amended by S.I. 1978/799) and P.N. 8/1991, para. 10(3)
r. 23.2(3) P.N. No. 8 of 1991, para. 2
r. 23.2(4) P.N. No. 8 of 1991, para. 10(2)
r. 23.2(7) r. 93(d) (part)
r. 23.3(1) and (3) r. 93(c) as amended by S.I. 1980/1144
r. 23.3(4) r. 105
r. 23.3(5) r. 93(b) (part)
r. 23.4(1), (5) and (6) r. 93(e) (part)
r. 23.4(4) r. 93(e) (part) as amended by S.I. 1980/1144
r. 23.6(1) r. 93(d) (part)
r. 23.7 P.N. 31st March 1970
r. 23.9 r. 79(1) (part) and (2), and r. 236(b) amended by S.I. 1984/499
r. 23.12 r. 93(f)
Chapter 24, r. 24.1 r. 92(1) and (3)
r. 24.2(3) and (4) P.N. 27th March 1986 (procedure following minute of amendment)
r. 24.2(5) P.N. 26th March 1981
r. 24.3(1) r. 92(3)
r. 24.4 r. 92(2)
r. 24.5 r. 92(4)
Chapter 25, r. 25.1(1) r. 84(a) (part) and (j)
r. 25.1(2) r. 84(a) (part)
r. 25.1(3) r. 84(b)
r. 25.2 r. 84(c)
r. 25.3 r. 84(k)
r. 25.4(1) r. 84(d)
r. 25.4(2) r. 84(f)
r. 25.5 r. 84(g)
r. 25.6 r. 84(h)
Chapter 26, R. 26.1(1) r. 85(1) (preamble (part)) as amended by S.I. 1980/1144
r. 26.1(2) r. 85(1)(g) and (2) as amended by S.I. 1980/1144
r. 26.2 r. 85(1) (preamble (part)) as amended by S.I. 1980/1144
r. 26.3 r. 85(1)(b)
r. 26.4 r. 85(1)(a)
r. 26.5 r. 85(1) (preamble (part)) as amended by S.I. 1980/1144
r. 26.7(1) r. 85(1)(c) (part) as amended by S.I. 1976/2197 and 1980/1144
r. 26.7(3) and (4) r. 85(1)(e)
Chapter 27, r. 27.1 r. 134E inserted by S.I. 1990/705
Chapter 28, r. 28.1(1) and (2) r. 94(c) as amended by S.I. 1991/2483
r. 28.1(4) r. 94(e)
Chapter 29, r. 29.1 r. 91A inserted by S.I. 1984/472
r. 29.2 r. 84(e)
Chapter 31, r. 31.1 r. 106 (part)
r. 31.2 r. 106 (part)
Chapter 32, r. 32.1 r. 104B inserted by S.I. 1986/1955 and as amended by S.I. 1987/1206
r. 32.2 r. 104A inserted by S.I. 1984/472
r. 32.3 r. 274 substituted by S.I. 1980/1801
r. 32.4(1) r. 275(2) substituted by S.I. 1982/1825
r. 32.4(2) r. 275(3)
r. 32.5 r. 275(5)(a) and (b)(i) substituted by S.I. 1982/1825
r. 32.6 r. 275(5)(b)(ii) substituted by S.I. 1982/1825
r. 32.7 r. 275(6) substituted by S.I. 1982/1825
Chapter 33, r. 33.6 r. 238(a)
r. 33.7(1) r. 238(c)
r. 33.8 r. 240
r. 33.9 r. 238(f)
r. 33.12(1) r. 13(d)
r. 33.12(2) P.N. 14th May 1970
Chapter 34, r. 34.1 r. 91B(1) inserted by S.I. 1984/472 and as amended by S.I. 1986/1937, and r. 198A inserted by S.I. 1986/1937
Chapter 35, r. 35.2(1), (2) and (3) r. 95(b) and r. 95A(b) (inserted by S.I. 1972/2021)
r. 35.2(1)(b) r. 95A(d)(i) substituted by S.I. 1987/1206
r. 35.2(4) r. 95A(b) inserted by S.I. 1972/2021
r. 35.2(5) r. 95(a) (part) as amended by S.I. 1992/88, and r. 95A(a) (part) inserted by S.I. 1972/2021
r. 35.2(6) r. 95(a) (part), r. 95A(a) (part) inserted by S.I. 1972/2021
r. 35.3 r. 96(a) to (f)
r. 35.4 r. 97
r. 35.8 r. 98
r. 35.9 r. 103(a) to (c)
r. 35.10 r. 104
r. 35.11 rr. 100 and 101
r. 35.14 A.S. 16th February 1841, s. 17
r. 35.15 r. 102 substituted by S.I. 1976/283
Chapter 36, r. 36.1 r. 108
r. 36.2(2) r. 106A inserted by S.I. 1984/472
r. 36.2(5) r. 106B inserted by S.I. 1985/1955
r. 36.3 r. 107 (part) as amended by S.I. 1972/2022
r. 36.5 r. 107 (part)
r. 36.6 r. 253 substituted by S.I. 1991/1621
r. 36.7 r. 109
r. 36.8 r. 108A inserted by S.I. 1989/435
r. 36.9 r. 111(a) to (d)
r. 36.10 r. 122A(2) inserted by S.I. 1984/472
r. 36.11(1), (4) and (5) r. 113(a)
r. 36.11(2) r. 110; P.N. 2nd March 1972
r. 36.11(3) and (8) r. 113(b)
r. 36.11(6) r. 113(d)
r. 36.11(7) r. 113(c)
r. 36.12 r. 264(f)
r. 36.13(1) to (4) r. 112 as amended by S.I. 1976/137
Chapter 37, r. 37.1(1) to (5) r. 114(1) to (5) substituted by S.I. 1982/1825
r. 37.1(6) and (7) r. 114(6) substituted by S.I. 1982/1825
r. 37.1(9) r. 114(7) substituted by S.I. 1982/1825
r. 37.1(10) P.N. 28th January 1955
r. 37.2(1) r. 117A(1) inserted by S.I. 1990/2118
r. 37.2(4) r. 117A(2) inserted by S.I. 1990/2118
r. 37.2(5) r. 119(b)
r. 37.3 r. 119(a) and (c)
r. 37.4 (part) r. 121, r. 122, r. 122A(2) (inserted by S.I. 1984/472), and r. 123
r. 37.5 r. 127
r. 37.6 r. 122A(1) inserted by S.I. 1984/472
r. 37.7 r. 124
r. 37.8 r. 116(b)
r. 37.9 r. 125(a)
r. 37.10 r. 125(b)
Chapter 38, r. 38.2 r. 153C inserted by S.I. 1984/472, r. 261 and r. 262(a) (part)
r. 38.3(2) r. 264(a) (part) substituted by S.I. 1990/705
r. 38.3 r. 134D inserted by S.I. 1984/919
r. 38.3(4) r. 264(b) as amended by S.I. 1977/1621, 1980/1144 and 1985/1600
r. 38.3(5) r. 264(c) (part)
r. 38.4(1) r. 89B(8) inserted by S.I. 1984/499
r. 38.4(2) r. 88G(3) inserted by S.I. 1988/2060
r. 38.4(3) r. 188P inserted by S.I. 1985/227
r. 38.4(4) r. 260B(21) inserted by S.I. 1985/500
r. 38.4(5) r. 349(7) substituted by S.I. 1983/836
r. 38.5(2), (6) and (7) r. 264(c) (part)
r. 38.6(1) r. 262(a) and (b)
r. 38.7(1) r. 264(d)
r. 38.8(1) and (3) r. 262(c)
r. 38.8(5) r. 264(a) (part) substituted by S.I. 1990/705
r. 38.9 r. 63B inserted by S.I. 1986/1937
r. 38.11 r. 264(e)
r. 38.12 r. 117
r. 38.14(1) to (3) r. 263(b)
r. 38.15 r. 263(a)
r. 38.16(1) r. 294B(2) inserted by S.I. 1987/1206 and as amended by S.I. 1991/1157
r. 38.16(2) r. 294B(3) inserted by S.I. 1987/1206
r. 38.16(3) r. 294B(5)(a) inserted by S.I. 1987/1206
r. 38.16(4) r. 294B(6) inserted by S.I. 1987/1206
r. 38.16(5) r. 294B(4) inserted by S.I. 1987/1206
r. 38.17(1) r. 294B(5)(b)
r. 38.18 P.N. No. 2 of 1989, para. 2(1)
r. 38.19(1) r. 294A(a) (part) inserted by S.I. 1972/2022; P.N. No. 2 of 1989, para. 2(2)
r. 38.20 r. 262(d)
r. 38.21 P.N. 26th March 1981
Chapter 39, r. 39.1(1) to (3) r. 126(a)
r. 39.6(3) r. 125(c) inserted by S.I. 1984/472
Chapter 40, r. 40.1 r. 267
r. 40.2(5) and (6) P.N. 6th November 1986
r. 40.4 r. 268(1) substituted by S.I. 1990/2118 and as amended by S.I. 1991/2483
r. 40.5 r. 268(2) substituted by S.I. 1990/2118
r. 40.6) r. 268(3) and (4) as amended by S.I. 1990/2118
r. 40.7(1) r. 269(a) as amended by S.I. 1974/845 and 1991/2483; P.N. 13th November 1969, para. 2
r. 40.7(2) r. 269(b) (part) as amended by S.I. 1974/845
r. 40.7(3) r. 269(c)
r. 40.8 r. 269(b) (part) as amended by S.I. 1974/845
r. 40.9(1) r. 269(b) (part) as amended by S.I. 1974/845
r. 40.9(2) to (6) r. 272 as amended by S.I. 1985/1600
r. 40.10(1) and (2) r. 271
r. 40.12(1) to (3) r. 270
r. 40.13(1) r. 294B(1) inserted by S.I. 1987/1206
r. 40.14 r. 294B(2) to (6) inserted by S.I. 1987/1206 and as amended by S.I. 1991/1157
r. 40.16 P.N. No. 2 of 1989, para. 2(1)
r. 40.17(1) r. 294A(a) (part) inserted by S.I. 1972/2022; P.N. No. 2 of 1989, para. 2(2)
r. 40.18 r. 262(d)
r. 40.19 P.N. 26th March 1981
Chapter 41, r. 41.1 r. 276 as amended by S.I. 1972/2021, and r. 290(a) (part) as amended by S.I. 1973/540 and 1986/1955
r. 41.2(5) and (6) P.N. 6th November 1986
r. 41.4 r. 276 as amended by S.I. 1972/2021
r. 41.5 r. 277(a) as amended by S.I. 1982/1825
r. 41.6 r. 277(b)
r. 41.7 r. 277(c) and (d)
r. 41.8 r. 278
r. 41.9(1) (part) and (2) r. 279
r. 41.9(1) (part) and (3) r. 277(e)
r. 41.9(4) and (5) r. 277(f)
r. 41.9(6) r. 277(g)
r. 41.10(1) r. 277(h)(i)
r. 41.10(2) and (3) r. 277(j)
r. 41.11 r. 277(h)(ii) (part) and (k)(i) (part) (as amended by S.I. 1984/499)
r. 41.12(1) r. 277(k)(i) (part)
r. 41.12(2) r. 277(k)(ii)
r. 41.13 r. 277(k)(i) (part)
r. 41.14 r. 277(k)(iii)
r. 41.15 r. 280(a)
r. 41.16 r. 280(b) (part)
r. 41.17(1) r. 280(b) (part)
r. 41.18 r. 290(a) (part) as amended by S.I. 1973/540
r. 41.19(1) (part) r. 290(a) (part) and (d)
r. 41.19(2) r. 290(a) (part), (b) and (c)
r. 41.20(1) (part) r. 290(a) (part) as amended by S.I. 1984/499
r. 41.20(1)(b)(iii) r. 290(i) inserted by S.I. 1982/1825
r. 41.21(1) r. 290(e)
r. 41.21(2) r. 293(a) as amended by S.I. 1972/1835
r. 41.21(3) r. 293B(5) inserted by S.I. 1980/1754 and as amended by S.I. 1992/2289
r. 41.21(4) r. 292(a) as amended by S.I. 1972/1835
r. 41.21(5) r. 293A(a) and (b) inserted by S.I. 1976/847
r. 41.23(1) r. 281(1) (part) substituted by S.I. 1976/1849 and as amended by S.I. 1984/499
r. 41.25 r. 282(1) substituted by S.I. 1976/1849 and as amended by S.I. 1990/705
r. 41.26(1) r. 283(1) substituted by S.I. 1976/1849 and as amended by S.I. 1990/705
r. 41.26(2) r. 283(7) substituted by S.I. 1976/1849 and as amended by S.I. 1990/705
r. 41.26(6) r. 283(13) inserted by S.I. 1990/705
r. 41.26(7) r. 283(12) substituted by S.I. 1976/1849
r. 41.27 r. 286(1)
r. 41.30(1) r. 289A(2) inserted by S.I. 1971/203
r. 41.30(2) r. 289A(4) (part) inserted by S.I. 1971/203
r. 41.31 r. 289A(6) and (8) inserted by S.I. 1971/203
r. 41.32 r. 289A(7) inserted by S.I. 1971/203
r. 41.33 r. 289A(9) inserted by S.I. 1971/203
r. 41.34 r. 284 (preamble) as amended by S.I. 1980/1144
r. 41.35 r. 284 (preamble) as amended by S.I. 1980/1144
r. 41.36 r. 284(a)
r. 41.37 r. 284(b)
r. 41.38 r. 284(c)
r. 41.39 r. 291(2) (preamble)
r. 41.40 r. 291(2)(a), (b), (c) and (d) (as amended by S.I. 1985/1600)
r. 41.41 r. 288(1) substituted by S.I. 1992/2289
r. 41.42 r. 288(3) and (4) substituted by S.I. 1992/2289
Chapter 42, r. 42.1 r. 348(1) and (2) substituted by S.I. 1983/826
r. 42.2 r. 348(3) and (4) substituted by S.I. 1983/826
r. 42.3(1)(a) r. 349(1) substituted by S.I. 1983/826
r. 42.4(1) r. 349(2) substituted by S.I. 1992/1433
r. 42.4(2) r. 349(3) substituted by S.I. 1983/826 and as amended by S.I. 1991/1157
r. 42.4(3) to (5) r. 349(4) to (6) substituted by S.I. 1983/826
r. 42.5(1) r. 347(c)
r. 42.6 r. 349(8) substituted by S.I. 1983/826; P.N. 16th January 1970
r. 42.7 r. 350 substituted by S.I. 1992/1433
r. 42.8(1) r. 347(aa) inserted by S.I. 1984/499
r. 42.9 r. 347(a) (part) inserted by S.I. 1974/1686
r. 42.10(1) r. 347(a) (part) inserted by S.I. 1974/1686
r. 42.10(2) r. 347, Table of Fees, Chapter I, note 5
r. 42.10(3) r. 347(e) (part) substituted by S.I. 1970/1746 and as amended by S.I. 1981/497
r. 42.10(4) r. 347(e) (part) substituted by S.I. 1970/1746 and as amended by S.I. 1981/497
r. 42.10(5) r. 347(f) substituted by S.I. 1970/1746
r. 42.11(1) and (2) r. 347(g) substituted by S.I. 1974/1686
r. 42.12 r. 347(h) inserted by S.I. 1973/360
r. 42.13(1) r. 347, Table of Fees, Chapter II, para. 8
r. 42.13(2) and (3) r. 347, Table of Fees, Chapter II, para. 9
r. 42.14 r. 347(d) substituted by S.I. 1970/1746 and as amended by S.I. 1991/272
r. 42.15 r. 347(b) substituted by S.I. 1970/1746
r. 42.16 r. 347(a) (part) substituted by S.I. 1970/1746 and as amended by S.I. 1992/1433, and Table of Fees amended by S.I. 1971/1161, 1989/445, 1993/900 and 1357, 1994/1139 and 1140
r. 42.17 r. 350A inserted by S.I. 1992/1898
Chapter 43, r. 43.1 r. 75A(1) and (2) substituted by S.I. 1984/920 and as amended by S.I. 1986/1941
r. 43.2 r. 75A(3) substituted by S.I. 1984/920 and as amended by S.I. 1986/1941
r. 43.3 r. 75A(6) substituted by S.I. 1984/920 and as amended by S.I. 1986/1941
r. 43.4(1) r. 75A(4) substituted by S.I. 1984/920 and as amended by S.I. 1986/1941
r. 43.4(2) and (3) r. 75A(5) substituted by S.I. 1984/920 and as amended by S.I. 1986/1941
r. 43.5 r. 75A(7) (part) substituted by S.I. 1984/920 and as amended by S.I. 1986/1941
r. 43.6 r. 75A(9) and (10) substituted by S.I. 1984/920 and as amended by S.I. 1986/1941
r. 43.7 r. 75A(11) substituted by S.I. 1984/920 and as amended by S.I. 1986/1941
r. 43.8(2) (part) r. 89A(1)(h) inserted by S.I. 1974/845
r. 43.9 r. 89A(1)(a) to (g) inserted by S.I. 1974/845
r. 43.10 r. 89A(2) inserted by S.I. 1974/845
r. 43.11 r. 134A inserted by S.I. 1984/919
r. 43.12 r. 134B inserted by S.I. 1984/919
r. 43.13 r. 134C inserted by S.I. 1984/919
r. 43.14 r. 131(1) substituted by S.I. 1992/2289
r. 43.15 r. 131(2) and (3) substituted by S.I. 1992/2289
r. 43.16 r. 132 substituted by S.I. 1992/2289
r. 43.18(1) r. 188E(1) inserted by S.I. 1985/227
r. 43.18(2) r. 188F(1) inserted by S.I. 1985/227
r. 43.19 r. 188F(3) inserted by S.I. 1985/227
r. 43.21 r. 188H inserted by S.I. 1985/227
r. 43.22 r. 188I inserted by S.I. 1985/227
r. 43.23 r. 188J(5) inserted by S.I. 1985/227
r. 43.24 r. 188J(1) to (4) and (6) to (8) inserted by S.I. 1985/227 and as amended by S.I. 1990/2118 and 1992/88
r. 43.25 r. 188K inserted by S.I. 1985/227 and as amended by S.I. 1992/88
r. 43.26 r. 188L inserted by S.I. 1985/227 and as amended by S.I. 1992/88
r. 43.27 r. 188M inserted by S.I. 1985/227
r. 43.28 r. 188N inserted by S.I. 1985/227
Chapter 44, r. 44.1(2) r. 88A inserted by S.I. 1988/2060
r. 44.2 r. 88B inserted by S.I. 1988/2060
r. 44.3 r. 88C inserted by S.I. 1988/2060
r. 44.4 r. 88D inserted by S.I. 1988/2060
r. 44.5 r. 88E inserted by S.I. 1988/2060
r. 44.6 r. 88F inserted by S.I. 1988/2060
r. 44.7 r. 88H inserted by S.I. 1988/2060
Chapter 46, r. 46.1 r. 135
r. 46.2 r. 136
r. 46.3 r. 137(a) and (b)
r. 46.4(1) to (3) r. 138
r. 46.4(4) and (5) r. 142
r. 46.5 r. 143
r. 46.6 r. 144
r. 46.7 r. 145
r. 46.8 r. 147
r. 46.9 r. 147A inserted by S.I. 1979/670
Chapter 47, r. 47.1(2) r. 148(2) substituted by S.I. 1990/2118
r. 47.2 r. 149 substituted by S.I. 1988/1521
r. 47.3 r. 148(3) substituted by S.I. 1988/1521
r. 47.5 r. 151 substituted by S.I. 1988/1521
r. 47.6 r. 151A inserted by S.I. 1988/1521
r. 47.7 r. 151B inserted by S.I. 1988/1521
r. 47.8 r. 151C inserted by S.I. 1988/1521
r. 47.9 r. 151D inserted by S.I. 1988/1521
r. 47.10 r. 151E inserted by S.I. 1988/1521
r. 47.11 r. 151F inserted by S.I. 1988/1521
Chapter 48, r. 48.1(1) r. 153A(2) inserted by S.I. 1984/472
r. 48.1(2) r. 153B inserted by S.I. 1984/472
r. 48.2 r. 153A(1) inserted by S.I. 1984/472
r. 48.3 r. 153E inserted by S.I. 1984/472
Chapter 49, r. 49.1(1), (2) and (3) r. 154(1) and (2) substituted by S.I. 1976/1994 and as amended by S.I. 1986/1231
r. 49.2 r. 157(3) substituted by S.I. 1976/1994
r. 49.3(1) r. 170B(11) inserted by S.I. 1988/615, and r. 260EA inserted by S.I. 1988/615; the Family Law Act 1986 (c. 55), s. 39
r. 49.4 r. 157(1) substituted by S.I. 1976/1994
r. 49.7(1) r. 155A(1) inserted by S.I. 1991/1157
r. 49.8(1)(a) r. 155(3)(a) and (4) substituted by S.I. 1976/1994
r. 49.8(1)(b) r. 155(1) and (2) substituted by S.I. 1976/1994
r. 49.8(1)(c) r. 155(3)(b) and (4) substituted by S.I. 1976/1994
r. 49.8(1)(d) r. 155(5) substituted by S.I. 1976/1994
r. 49.8(1)(e) r. 155(6) substituted by S.I. 1976/1994, and r. 170B(6)(a) inserted by S.I. 1976/1994 and as amended by S.I. 1986/1955 and 1990/705
r. 49.8(1)(f) Children Act 1975 (c. 72), s. 48 as amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Sch. 2
r. 49.8(1)(g) Children Act 1975, s. 49(1)(a) as amended by the Law Reform (Parent and Child) (Scotland) Act 1986, Sch. 1, para. 14
r. 49.8(1)(i) r. 170D(9) inserted by S.I. 1986/1231
r. 49.8(1)(j) r. 155(7) inserted by S.I. 1982/1825, and r. 170D(4)(c) substituted by S.I. 1977/1621 and as amended by S.I. 1986/1231
r. 49.8(1)(k) r. 188D(7) and (10) inserted by S.I. 1982/1381
r. 49.8(4) Children Act 1975, s. 49(1)(b) as amended by the Law Reform (Parent and Child) (Scotland) Act 1986, Sch. 1, para. 14
r. 49.9 r. 162 substituted by S.I. 1976/1994
r. 49.11 Children Act 1975, s. 49 as amended by the Law Reform (Parent and Child) (Scotland) Act 1986, Sch. 1, para. 14
r. 49.12 r. 159(2) substituted by S.I. 1986/1941 and as amended by S.I. 1987/1206
r. 49.13 r. 159(5) and (6) substituted by S.I. 1976/1994
r. 49.14 r. 161 substituted by S.I. 1976/1994
r. 49.15(1) r. 164 substituted by S.I. 1976/1994
r. 49.16 r. 165 substituted by S.I. 1976/1994
r. 49.17(1) to (7) r. 167(1) substituted by S.I. 1976/1994
r. 49.17(9) P.N. 10th February 1983
r. 49.18 r. 167(2) substituted by S.I. 1976/1994
r. 49.19 r. 166 substituted by S.I. 1976/1994
r. 49.20(1) r. 260D(2) inserted by S.I. 1986/515 and as amended by S.I. 1990/705
r. 49.20(2) r. 260D(3) inserted b y S.I. 1986/515 and as amended by S.I. 1990/705
r. 49.21(1) r. 170B(14)(e) inserted by S.I. 1990/705, and r. 260D(6) inserted by S.I. 1986/515
r. 49.21(2) r. 170B(14)(g) (part) inserted by S.I. 1990/705, and r. 260D(8) (part) inserted by S.I. 1986/515
r. 49.22(1), (4) and (5) r. 170B(14)(c), (d), (f) and (g) inserted by S.I. 1990/705, and r. 260D(4), (5), (7) and (8) inserted by S.I. 1986/515
r. 49.22(2)(b) P.N. 13th November 1969, para. 3
r. 49.23 r. 170B(15), and r. 260D(10), inserted by S.I. 1990/705
r. 49.24 r. 170B(12), and r. 260EB, inserted by S.I. 1988/615
r. 49.25(1) (part) r. 170B(13), and r. 260EC, inserted by S.I. 1988/615
r. 49.25(1) (part) r. 170C(2), and r. 260E(2) and (3), inserted by S.I. 1986/515
r. 49.26 P.N. No. 1 of 1988
r. 49.27 r. 170B(5) inserted by S.I. 1976/1994
r. 49.28(1) to (4) r. 168(1), (2), (5) and (6) substituted by S.I. 1978/106 and as amended by S.I. 1980/1144
r. 49.29 r. 168(7) to (11) substituted by S.I. 1978/106
r. 49.30 r. 170A inserted by S.I. 1976/1994
r. 49.31 r. 170B(3) and (4) inserted by S.I. 1976/1994, r. 170D(2) inserted by S.I. 1976/1994 and as amended by S.I. 1986/1231, 1990/705 and 1991/1157, r. 170D(4)(a) substituted by S.I. 1977/1621 and as amended by S.I. 1986/1231, r. 170D(5) substituted by S.I. 1986/1231, and r. 170D(7)(b) inserted by S.I. 1986/1231
r. 49.33(5) (part) r. 168A inserted by S.I. 1980/1144 and as amended by S.I. 1982/1381
r. 49.34 r. 169 substituted by S.I. 1976/1994
r. 49.35(1) r. 170B(1)(b) inserted by S.I. 1976/1994
r. 49.37 r. 170B(6)(b)(i) and (7)(a)(ii) inserted by S.I. 1976/1994
r. 49.38 r. 170B(6)(b)(ii) inserted by S.I. 1976/1994
r. 49.40(1)(a) and (2) P.N. 13th November 1969, para. 1
r. 49.42(1) to (4) r. 170B(10) inserted by S.I. 1977/1621
r. 49.43 r. 170B(10) inserted by S.I. 1977/1621
r. 49.45(1) r. 170D(11) inserted by S.I. 1986/1231
r. 49.46 r. 170D(1) and (2) (part) inserted by S.I. 1976/1994 and as amended by S.I. 1986/1231, r. 170D(4)(a) substituted by S.I. 1977/1621, and r. 188D(4) (part) and (5) (part) inserted by S.I. 1982/1381
r. 49.48(2) P.N. 13th November 1969, para. 1
r. 49.49 r. 170D(3) substituted by S.I. 1977/1621 and as amended by S.I. 1987/1206, and r. 170D(7)(a) and (8) inserted by S.I. 1986/1231
r. 49.50 r. 170D(7)(c) inserted by S.I. 1986/1231
r. 49.51(1) r. 170D(4)(a) substituted by S.I. 1977/1621 and as amended by S.I. 1986/1231
r. 49.51(2) r. 170D(7)(c) inserted by S.I. 1986/1231
r. 49.53 r. 170M inserted by S.I. 1986/1231
r. 49.55 r. 170N inserted by S.I. 1986/1231
r. 49.56 r. 170P inserted by S.I. 1986/1231
r. 49.57 r. 170R inserted by S.I. 1986/1231
r. 49.58(1) r. 260C(1) inserted by S.I. 1986/515
r. 49.61(2) P.N. 13th November 1969, para. 1
r. 49.63(1) r. 260E(1)(b) inserted by S.I. 1986/515
r. 49.64 r. 188D(1)(c) inserted by S.I. 1982/1381
r. 49.65 r. 188D(2), (4)(b) and (5) inserted by S.I. 1982/1381
r. 49.66 r. 188D(7)(a) and (b) inserted by S.I. 1982/1381
r. 49.67(1) r. 188D(3) inserted by S.I. 1982/1381
r. 49.67(2) r. 188D(7) and (9) inserted by S.I. 1982/1381
r. 49.68 r. 188D(6) inserted by S.I. 1982/1381
r. 49.69 r. 188D(11) inserted by S.I. 1982/1381
r. 49.70(1) r. 188D(12) inserted by S.I. 1982/1381 and as amended by S.I. 1991/2483
r. 49.70(2) r. 188D(13) inserted by S.I. 1982/1381
r. 49.71(1) r. 188D(15) inserted by S.I. 1982/1381
r. 49.72(1) to (3) r. 170E inserted by S.I. 1982/1679
r. 49.72(4) r. 170H(1) inserted by S.I. 1982/1679
r. 49.73 r. 170F inserted by S.I. 1982/1679
r. 49.74(1) r. 170G inserted by S.I. 1982/1679
r. 49.74(2) r. 170H(2) inserted by S.I. 1982/1679
r. 49.75(1) r. 170I(1) inserted by S.I. 1982/1679
r. 49.75(2) r. 170I(3) inserted by S.I. 1982/1679 and as amended by S.I. 1987/1206
r. 49.77 r. 170J inserted by S.I. 1982/1679
r. 49.80 r. 170L inserted by S.I. 1982/1679
Chapter 50, r. 50.1 r. 188B(1) inserted by S.I. 1978/161
r. 50.2(4) r. 188B(3) and (4) (part) inserted by S.I. 1978/161
r. 50.2(5) r. 188B(4) (part) and (5) inserted by S.I. 1978/161
r. 50.2(6) r. 188B(6) inserted by S.I. 1978/161
r. 50.3(1) r. 188B(7) inserted by S.I. 1978/161
r. 50.5(1) and (2) r. 188B(2), (3), (5) and (6) inserted by S.I. 1978/161
r. 50.6 r. 188B(8) and (9) inserted by S.I. 1978/161
Chapter 51, r. 51.2 r. 175 substituted by S.I. 1986/1941
r. 51.3 r. 176(a) and (b) (part) as amended by S.I. 1986/1941
r. 51.4(1) (part), (2) and (4) r. 176(b) (part) as amended by S.I. 1986/1941
r. 51.4(1) (part) r. 177(a) by S.I. 1986/1941
r. 51.4(3) r. 177(b) as amended by S.I. 1986/1941
r. 51.5(1) and (2)(a) r. 182(a)
r. 51.6 r. 180
r. 51.7(1) r. 182(c)
r. 51.7(3) r. 179 (part) as amended by S.I. 1986/1941
r. 51.8 r. 178 (part) as amended by S.I. 1986/1941
r. 51.9 r. 178 (part) as amended by S.I. 1986/1941
r. 51.11 r. 181
r. 51.12(1) r. 183 (part)
r. 51.12(2) r. 185
r. 51.13 r. 183 (part)
r. 51.14 r. 184
Chapter 52, r. 52.1 r. 186
r. 52.2 r. 187
r. 52.3 r. 188
Chapter 53, r. 53.3(1) r. 171
r. 53.3(4) r. 173 (part)
r. 53.4(1) r. 172
r. 53.4(2) r. 173 (part)
r. 53.7 r. 173 (part)
r. 53.8 r. 174
Chapter 54, r. 54.1 r. 188A(a) (part) inserted by S.I. 1966/868
r. 54.2 r. 188A(a) (part) and (b) inserted by S.I. 1966/868
Chapter 55, r. 55.1 r. 250 substituted by S.I. 1991/1621
r. 55.2 r. 251 substituted by S.I. 1991/1621
r. 55.3 r. 252 substituted by S.I. 1991/1621
r. 55.4 r. 253 substituted by S.I. 1991/1621
r. 55.5 r. 254 substituted by S.I . 1991/1621
r. 55.6 r. 255 substituted by S.I. 1991/1621
r. 55.7 r. 256 substituted by S.I. 1991/1621
r. 55.8 r. 257 substituted by S.I. 1991/1621
r. 55.9 r. 257A substituted by S.I. 1991/1621
r. 55.10 r. 257B substituted by S.I. 1991/1621
r. 55.11 r. 257C substituted by S.I. 1991/1621
r. 55.12 r. 257D substituted by S.I. 1991/1621
r. 55.13 r. 257E substituted by S.I. 1991/1621
r. 55.14 r. 257F substituted by S.I. 1991/1621
r. 55.15 r. 257G substituted by S.I. 1991/1621
r. 55.16 r. 257H substituted by S.I. 1991/1621
r. 55.17 r. 257I substituted by S.I. 1991/1621
r. 55.18 r. 257J substituted by S.I. 1991/1621
Chapter 57, r. 57.3(2) r. 351 substituted by S.I. 1968/1016
Chapter 58, r. 58.3 r. 260B(1), (2) and (3) inserted by S.I. 1985/500
r. 58.4 r. 260B(4) inserted by S.I. 1985/500
r. 58.5 r. 260B(6) inserted by S.I. 1985/500
r. 58.6(1) r. 260B(5) inserted by S.I. 1985/500 and as amended by S.I. 1990/705
r. 58.6(2) to (4) r. 260B(8) to (10) inserted by S.I. 1985/500
r. 58.7 r. 260B(11) inserted by S.I. 1985/500
r. 58.8 r. 260B(13) and (14) inserted by S.I. 1985/500
r. 58.9 r. 260B(15) and (16) inserted by S.I. 1985/500
r. 58.10 r. 260B(17) to (20) inserted by S.I. 1985/500
Chapter 59, r. 59.1(2) r. 68J(1) inserted by S.I. 1991/2483
r. 59.1(4) r. 68J(2) inserted by S.I. 1991/2483
r. 59.1(5) r. 68J(3) inserted by S.I. 1991/2483
Chapter 60, r. 60.2 r. 234 (part)
r. 60.3 r. 236(d) (part)
r. 60.4 r. 243
r. 60.5 r. 247
r. 60.6 r. 242(a)
r. 60.7 r. 242(b)
Chapter 61, r. 61.1(2) r. 199
r. 61.6(1) r. 200(a)
r. 61.6(2) r. 200(b)
r. 61.8 r. 200(e) (preamble) (part))
r. 61.9(2) r. 200(c) (part)
r. 61.9(3) r. 200(e)(i) (part)
r. 61.9(4) r. 200(e)(ii) (part)
r. 61.9(5) r. 200(d)
r. 61.9(6) r. 200(e)(i) (part)
r. 61.9(7) r. 200(e)(iii) as amended by S.I. 1985/1600
r. 61.10 r. 200(e)(i) (part) as amended by S.I. 1967/487
r. 61.12 r. 200(g)
r. 61.13 r. 200B inserted by S.I. 1990/705
r. 61.14 r. 200A inserted by S.I. 1980/1803
r. 61.16 r. 201 (preamble) substituted by S.I. 1986/514
r. 61.17 r. 201(a) as amended by S.I. 1986/514
r. 61.18 r. 201(b) (part)
r. 61.19 r. 201(c) (part)
r. 61.20 r. 201(d) as amended by S.I. 1967/487
r. 61.21 r. 201(e)
r. 61.22 r. 201(f) (part) as amended by S.I. 1967/487
r. 61.23 r. 201(n)
r. 61.24 r. 201(g) (part)
r. 61.25(1) r. 201(h)
r. 61.25(2) r. 201(j) (part)
r. 61.26(1) r. 201(f) (part)
r. 61.26(2) and (3) r. 201(k)
r. 61.27 r. 201(1)
r. 61.28 r. 201(m)
r. 61.29 r. 201(g) (part)
r. 61.30 r. 201(o)
r. 61.31(1) r. 201Z inserted by S.I. 1991/1915
r. 61.31(2) r. 201AA inserted by S.I. 1991/1915
r. 61.31(3) r. 201BB(1) inserted by S.I. 1991/1915
r. 61.31(4) r. 201CC inserted by S.I. 1991/1915
r. 61.31(5) r. 201DD inserted by S.I. 1991/1915
r. 61.31(6) and (7) r. 201EE inserted by S.I. 1991/1915
r. 61.32 r. 201FF inserted by S.I. 1991/1915
r. 61.33 r. 201(p)
Chapter 62, r. 62.2 P.N. No.7 of 1988
r. 62.3 r. 249E(2) (a)(v) inserted by S.I. 1986/1941
r. 62.5(1) r. 248(a) (part)
r. 62.5(2) r. 249.1
r. 62.6 r. 248(a) (part), and r. 249.2 as amended by S.I. 1980/891
r. 62.7(1) r. 248(b) as amended by S.I. 1980/891, and r. 249.5(1)
r. 62.7(2) and (3) r. 248(c) and 249.5(2) and (3)
r. 62.8(1) r. 249.6
r. 62.8(2) and (3) r. 248(d) as amended by S.I. 1986/1941, and r. 249.7 as amended by S.I. 1986/1941
r. 62.9 r. 248(e) as amended by S.I. 1986/1941, and r. 249.8
r. 62.10(1) and (2) r. 249.9
r. 62.10(3) r. 248(f) (part) and r. 249.11
r. 62.10(4) r. 248(g)
r. 62.11 r. 248(h) and r. 249.13
r. 62.12(2) r. 249A.1 inserted by S.I. 1971/1809
r. 62.13 r. 249A.2 and 3 inserted by S.I. 1971/1809
r. 62.14 r. 249A.5 inserted by S.I. 1971/1809
r. 62.15(1) r. 249A.6 inserted by S.I. 1971/1809
r. 62.15(3) r. 249A.7(3) (part) inserted by S.I. 1971/1809
r. 62.16 r. 249A.7(1) and (2) inserted by S.I. 1971/1809
r. 62.17 r. 249A.8 and 9 inserted by S.I. 1971/1809
r. 62.18 r. 296F inserted by S.I. 1972/1982
r. 62.19 r. 296G inserted by S.I. 1972/1982
r. 62.20(1) r. 296H(i) (part) inserted by S.I. 1972/1982
r. 62.20(2) r. 296H(iii)(a) and (b) inserted by S.I. 1972/1982
r. 62.20(3) r. 296H(ii) (part) inserted by S.I. 1972/1982
r. 62.21(1) r. 296H(i) (part) inserted by S.I. 1972/1982
r. 62.23 r. 296H(iv) (part) inserted by S.I. 1972/1982
r. 62.24 r. 296J inserted by S.I. 1972/1982
r. 62.25 r. 296K inserted by S.I. 1972/1982
r. 62.26(2) r. 249D(1) (part) inserted by S.I. 1986/1941
r. 62.28(1) r. 249E(1)(a) inserted by S.I. 1986/1941
r. 62.28(2) and (3) r. 249E(2) and (3) inserted by S.I. 1986/1941
r. 62.29(1) r. 249G(3) inserted by S.I. 1986/1941
r. 62.30 r. 249G(1) and (2) inserted by S.I. 1986/1941
r. 62.31 r. 249H inserted by S.I. 1986/1941
r. 62.32 r. 249I inserted by S.I. 1986/1941
r. 62.33 r. 249J(1) inserted by S.I. 1986/1941
r. 62.34 r. 249K inserted by S.I. 1986/1941
r. 62.35 r. 249L inserted by S.I. 1986/1941
r. 62.36 r. 249M inserted by S.I. 1986/⅔ 1941
r. 62.37 r. 249P(2), (3) and (4) inserted by S.I. 1986/1941
r. 62.38 r. 249Q(4) to (9) inserted by S.I. 1986/1941
r. 62.39 r. 249R inserted by S.I. 1986/1941
r. 62.40 r. 249N inserted by S.I. 1986/1941
r. 62.41 r. 249P(1) and (2) inserted by S.I. 1986/1941
r. 62.42 r. 249Q(1) to (3) inserted by S.I. 1986/1941
r. 62.44 r. 249B(1) to (4) inserted by S.I. 1986/799
r. 62.45 r. 249C(1) inserted by S.I. 1986/799
r. 62.46 r. 249C(2) and (3) inserted by S.I. 1986/799
r. 62.47 r. 249S(1) inserted by S.I. 1987/12 and as amended by S.I. 1990/705 and 1991/1183
r. 62.48 r. 249T(1) substituted by S.I. 1991/1157, r. 249T(1A) inserted by S.I. 1991/1157 and as amended by S.I. 1991/1183, and r. 249T(2) inserted by S.I. 1987/12
r. 62.49 r. 249U(1) inserted by S.I. 1987/12 and as amended by S.I. 1990/705 and 1991/1183
r. 62.50 r. 249U(2) inserted by S.I. 1987/12 and as amended by S.I. 1990/705 and 1991/1183, and r. 249U(3) inserted by S.I. 1987/12
r. 62.51 r. 249V inserted by S.I. 1987/12 and as amended by S.I. 1991/1183
r. 62.52 r. 249W inserted by S.I. 1987/12 and as amended by S.I. 1990/705
r. 62.53 r. 249X inserted by S.I. 1987/12 and as amended by S.I. 1991/1157
r. 62.54 r. 249Y inserted by S.I. 1987/12 and as amended by S.I. 1990/705 and 1991/1183
r. 62.55 r. 249AA inserted by S.I. 1990/705
r. 62.57 r. 249AB inserted by S.I. 1991/2213
r. 62.58 r. 249AC inserted by S.I. 1991/2213
Chapter 63, r. 63.2 r. 260(d)
r. 63.3 r. 260(c) and (e)
r. 63.4 r. 232
r. 63.5(1) and (2) r. 233(a)
r. 63.5(3) r. 233(b)
r. 63.6 r. 233(c)
r. 63.7(2) r. 233A inserted by S.I. 1992/1533
r. 63.8 r. 233C inserted by S.I. 1992/1533
r. 63.10(1) r. 233B(1) inserted by S.I. 1992/1533
r. 63.10(2) r. 233B(2) inserted by S.I. 1992/1533
r. 63.10(4) r. 233H(1) inserted by S.I. 1992/1533
r. 63.11 r. 233D inserted by S.I. 1992/1533
r. 63.12 r. 233E inserted by S.I. 1992/1533
r. 63.13 r. 233F inserted by S.I. 1992/1533
r. 63.14 r. 233G inserted by S.I. 1992/1533
r. 63.15 r. 233I inserted by S.I. 1992/1533
Chapter 64, r. 64.2 r. 95A(c) (part) inserted by S.I. 1972/2021, and r. 95A(d)(ii) substituted by S.I. 1987/1206
r. 64.4 r. 95A(c) (part) inserted by S.I. 1972/2021
Chapter 65, r. 65.1 r. 296A inserted by S.I. 1972/1981
r. 65.2 r. 296B inserted by S.I. 1972/1981
r. 65.4 r. 296C inserted by S.I. 1972/1981
r. 65.5 r. 296D inserted by S.I. 1972/1981
Chapter 66, r. 66.3(1) and (2) r. 102A(2) inserted by S.I. 1976/283 and as amended by S.I. 1982/1825
r. 66.5 r. 102A(5) inserted by S.I. 1990/705
r. 66.6 r. 102A(3) inserted by S.I. 1976/283
r. 66.7 r. 102A(4) inserted by S.I. 1978/955
Chapter 67, r. 67.1(2) r. 219(1) substituted by S.I. 1984/997
r. 67.2 rr. 220(2), 221(2), 222(2) and 226(2), substituted by S.I. 1984/997
r. 67.3 r. 230(6) substituted by S.I. 1984/997
r. 67.4 r. 230(8) substituted by S.I. 1984/997
r. 67.5(1)(a) and (b) r. 222(9)(a) substituted by S.I. 1984/997
r. 67.5(1)(c) r. 220(8)(a) substituted by S.I. 1984/997
r. 67.5(2)(a) r. 222(9)(b) substituted by S.I. 1984/997
r. 67.5(2)(b) r. 220(4) substituted by S.I. 1984/997
r. 67.5(2)(c) r. 220(8)(b) substituted by S.I. 1984/997
r. 67.5(3) r. 230(1) substituted by S.I. 1984/997
r. 67.6(1) r. 230(5) substituted by S.I. 1984/997
r. 67.7 r. 230(7) substituted by S.I. 1984/997
r. 67.9(1) r. 220(1) substituted by S.I. 1984/997
r. 67.9(2) r. 220(3) substituted by S.I. 1984/997
r. 67.9(3) r. 220(5) substituted by S.I. 1984/997
r. 67.10(1) and (2) r. 220(6) and (7) substituted by S.I. 1984/997
r. 67.10(3) to (7) r. 225 substituted by S.I. 1984/997
r. 67.11(1) r. 224(1) substituted by S.I. 1984/997
r. 67.11(2) r. 224(4) substituted by S.I. 1984/997
r. 67.11(3) r. 220(8) substituted by S.I. 1984/997
r. 67.11(4) r. 220(9) substituted by S.I. 1984/997
r. 67.12(1) r. 220(8)(c) substituted by S.I. 1984/997
r. 67.12(3) r. 220(14) substituted by S.I. 1984/997
r. 67.12(4) r. 230(2) substituted by S.I. 1984/997
r. 67.13 r. 220(10) to (13) substituted by S.I. 1984/997
r. 67.14(1) to (4) and (6) r. 221(1) to (5) substituted by S.I. 1984/997
r. 67.14(5) r. 224(5) substituted by S.I. 1984/997
r. 67.15(2) to (5) r. 221(6) to (9) substituted by S.I. 1984/997
r. 67.16 r. 221(10) substituted by S.I. 1984/997
r. 67.17 r. 226(1) substituted by S.I. 1984/997
r. 67.18 r. 227(1)(b) and (2)(b) substituted by S.I. 1984/997
r. 67.20 r. 222(3) substituted by S.I. 1984/997
r. 67.21 r. 222(7) and (8) substituted by S.I. 1984/997
r. 67.22(1) r. 222(1) substituted by S.I. 1984/997
r. 67.22(2) r. 222(4) substituted by S.I. 1984/997
r. 67.23(1) and (2) r. 222(5) and (6) substituted by S.I. 1984/997
r. 67.23(3) to (7) r. 225 substituted by S.I. 1984/997
r. 67.24(1) r. 224(2) and (3) substituted by S.I. 1984/997
r. 67.24(2) r. 224(6) substituted by S.I. 1984/997
r. 67.24(3) and (4) r. 222(9) and (10) substituted by S.I. 1984/997
r. 67.25 r. 222(11) to (14) substituted by S.I. 1984/997
r. 67.26 r. 222(16) substituted by S.I. 1984/997
r. 67.27(1) and (2) r. 223 substituted by S.I. 1984/997
r. 67.28(1) r. 227(1)(a) and (c) substituted by S.I. 1984/997
r. 67.28(2) r. 227(2)(a) and (c) substituted by S.I. 1984/997
r. 67.28(3) and (4) r. 227(3) substituted by S.I. 1984/997
r. 67.29 r. 228 substituted by S.I. 1984/997
r. 67.30 r. 229 substituted by S.I. 1984/997
r. 67.31 r. 230(3) substituted by S.I. 1984/997
r. 6 7.32 r. 230(4) substituted by S.I. 1984/997
r. 67.33 r. 230A inserted by S.I. 1978/1373 and as amended by 1984/997
r. 67.34 r. 230B inserted by S.I. 1978/1373 and as amended by 1984/997
r. 67.35 r. 230C(1), (2) and (4) inserted by S.I. 1978/1373
r. 67.36 r. 230C(3) inserted by S.I. 1978/1373
r. 67.37 r. 230E inserted by S.I. 1978/1373 and as amended by 1984/997
r. 67.38(1) to (4), (6) and (7) r. 230F inserted by S.I. 1978/1373 and as amended by 1984/997
r. 67.38(5) r. 230G inserted by S.I. 1978/1373
r. 67.39 r. 230H inserted by S.I. 1978/1373 and as amended by 1984/997
r. 67.40 r. 230J inserted by S.I. 1978/1373 and as amended by S.I. 1984/997
r. 67.41 r. 230I inserted by S.I. 1978/1373 and as amended by 1984/997
Chapter 68, r. 68.2 r. 2 substituted by S.I. 1992/1422
r. 68.3 r. 3 substituted by S.I. 1992/1422
r. 68.4 r. 4 substituted by S.I. 1992/1422
r. 68.5 r. 5 substituted by S.I. 1992/1422
r. 68.6 r. 6 substituted by S.I. 1992/1422
r. 68.7 r. 8 substituted by S.I. 1992/1422
Chapter 69, r. 69.2 r. 298 as amended by S.I. 1979/516 and 1985/1426
r. 69.3 r. 297(a) as amended by S.I. 1979/516, and r. 299(a) as amended by S.I. 1991/2483
r. 69.4(1) r. 299A inserted by S.I. 1985/1426
r. 69.4(3) r. 300 as amended by S.I. 1985/1426
r. 69.5 r. 303 as amended by S.I. 1985/1426
r. 69.6(1)(a) and (b) r. 304(b)
r. 69.6(1)(c) r. 304(c)
r. 69.6(2) r. 305
r. 69.6(3) r. 306(c) (part)
r. 69.8 r. 307 as amended by S.I. 1979/516 and 1985/1426
r. 69.9 r. 308 as amended by S.I. 1979/516 and 1985/1426
r. 69.10 r. 312
r. 69.11 r. 310 as amended by S.I. 1985/1426
r. 69.12 r. 311 as amended by S.I. 1985/1426
r. 69.13 r. 313 as amended by S.I. 1985/1426
r. 69.14 r. 314
r. 69.15 r. 315
r. 69.16 r. 317 as amended by S.I. 1979/516
r. 69.17 r. 316
r. 69.18 r. 318(1) as amended by S.I. 1985/1426
r. 69.19(1), (2) and (3) r. 320 as amended by S.I. 1985/1426
r. 69.19(4) r. 321
r. 69.20 r. 322
r. 69.21 r. 324
r. 69.22 r. 323
r. 69.23 r. 325 as amended by S.I. 1985/1426
r. 69.24 r. 326
r. 69.25 r. 327 as amended by S.I. 1985/1426
r. 69.26 r. 328 as amended by S.I. 1979/516 and 1985/1426
r. 69.27 r. 329 as amended by S.I. 1985/1426
r. 69.28 r. 330
r. 69.29(1) r. 309
Chapter 70, r. 70.1 r. 260H(2) inserted by S.I. 1986/1955
r. 70.2 r. 260J(6), and 260K(9), inserted by S.I. 1986/1955
r. 70.3 r. 260L(1) inserted by S.I. 1986/1955
r. 70.4 r. 260L(2) inserted by S.I. 1986/1955
r. 70.5(1) r. 260J(1) inserted by S.I. 1986/1955 and as amended by S.I. 1991/1157
r. 70.5(2) and (3) r. 260J(2) and (3) inserted by S.I. 1986/1955
r. 70.6(1) and (2) r. 260J(4) inserted by S.I. 1986/1955, and r. 260J(5) inserted by S.I. 1986/1955 and as amended by S.I. 1991/1157
r. 70.7 r. 260J(7) and (8) inserted by S.I. 1986/1955
r. 70.8 r. 260J(9) to (12) inserted by S.I. 1986/1955
r. 70.9 r. 260K(1) to (5) inserted by S.I. 1986/1955
r. 70.10(1) r. 260K(6) inserted by S.I. 1986/1955
r. 70.10(2) r. 260K(8) inserted by S.I. 1986/1955 and as amended by S.I. 1991/1157
r. 70.11 r. 260K(10) inserted by S.I. 1986/1955
r. 70.12 r. 260(11) and (12) inserted by S.I. 1986/1955
r. 70.13 r. 260(13) to (16) inserted by S.I. 1986/1955
r. 70.14 r. 260(17) and (18) inserted by S.I. 1986/1955
Chapter 71, r. 71.1 r. 260P(1) inserted by S.I. 1988/615
r. 71.2(1) and (2) r. 260Q inserted by S.I. 1988/615 and as amended by S.I. 1991/2483
r. 71.2(3) r. 260X(3) inserted by S.I. 1988/615
r. 71.3 r. 260R inserted by S.I. 1988/615 and as amended by S.I. 1990/2118 and 1991/2483
r. 71.4 r. 260S inserted by S.I. 1988/615
r. 71.5 r. 260T inserted by S.I. 1988/615 and as amended by S.I. 1990/2118
r. 71.6 r. 260U inserted by S.I. 1988/615 and as amended by S.I. 1990/2118
r. 71.7 r. 260V inserted by S.I. 1988/615
r. 71.8 r. 260W inserted by S.I. 1988/615
r. 71.9 r. 260X(1) inserted by S.I. 1988/615
r. 71.10 r. 260X(2) inserted by S.I. 1988/615
Chapter 72, r. 72.2 P.N. No. 1 of 1987, para. 1 (part)
r. 72.5 r. 201B inserted by S.I. 1986/514
r. 72.6(1), (3), (4) and (5) r. 201A inserted by S.I. 1986/514 and as amended by S.I. 1993/899
Chapter 73, r. 73.2 r. 189(b) inserted by S.I. 1986/1955 and as amended by S.I. 1991/2483
Chapter 74, r. 74.1(2) and (3) r. 202(1) (part) and (2) substituted by S.I. 1986/2298
r. 74.2 r. 202(1) (part) substituted by S.I. 1986/2298, and r. 218Q (part) inserted by S.I. 1986/2298
r. 74.3 r. 218S inserted by S.I. 1986/2298
r. 74.4 r. 203(1) to (5) substituted by S.I. 1986/2298
r. 74.5 r. 204(1) to (5) substituted by S.I. 1986/2298
r. 74.6 r. 203(6), and r. 204(6), substituted by S.I. 1986/2298
r. 74.7 r. 206 substituted by S.I. 1986/2298
r. 74.8 r. 207 substituted by S.I. 1986/2298
r. 74.9 r. 205, and r. 208, substituted by S.I. 1986/2298
r. 74.10 r. 209(1), (3) and (4) substituted by S.I. 1986/2298
r. 74.11 r. 210 substituted by S.I. 1986/2298
r. 74.12 r. 212 substitued by S.I. 1986/2298
r. 74.13 r. 213 substituted by S.I. 1986/2298
r. 74.14 r. 211(2) substitued by S.I. 1986/2298
r. 74.15(1) and (2) r. 211(1) substitued by S.I. 1986/2298
r. 74.15(3) and (4) r. 211(3) and (4) inserted by S.I. 1991/1157
r. 74.17 r. 214(3) substituted by S.I. 1986/2298
r. 74.18 r. 215(1), (2), (6), (7) and (8) substituted by S.I. 1986/2298
r. 74.19 r. 216 substituted by S.I. 1986/2298
r. 74.21 r. 217(3) substituted by S.I. 1986/2298
r. 74.22 r. 218(2), (6), (7) and (8) substituted by S.I. 1986/2298
r. 74.23 r. 218B inserted by S.I. 1986/2298
r. 74.24 r. 218C inserted by S.I. 1986/2298
r. 74.25 r. 218E inserted by S.I. 1986/2298
r. 74.26 r. 218D, and r. 218H, inserted by S.I. 1986/2298
r. 74.27 r. 218F inserted by S.I. 1986/2298
r. 74.28 r. 218G inserted by S.I. 1986/2298
r. 74.29 r. 218J inserted by S.I. 1986/2298
r. 74.30 r. 218K inserted by S.I. 1986/2298
r. 74.31 r. 218L(1), (3), (4) and (5) inserted by S.I. 1986/2298
r. 74.32 r. 218M inserted by S.I. 1986/2298 and as amended by S.I. 1991/1157
r. 74.33 r. 218N(1) inserted by S.I. 1986/2298
r. 74.34 r. 218N(3) substituted by S.I. 1990/705
Chapter 75, r. 75.1(2) r. 260M inserted by S.I. 1987/2160
r. 75.2 r. 260N(1) and (2) inserted by S.I. 1987/2160
r. 75.3 r. 260N(3) inserted by S.I. 1987/2160
r. 75.4 r. 260N(4) inserted by S.I. 1987/2160
Chapter 76, r. 76.1 r. 201C inserted by S.I. 1990/705
r. 76.3(1) r. 201E(1) inserted by S.I. 1990/705
r. 76.3(2) r. 201F(2) inserted by S.I. 1990/705
r. 76.4(1) r. 201G(1) inserted by S.I. 1990/705
r. 76.4(2) r. 201F(1) inserted by S.I. 1990/705
r. 76.4(3) r. 201G(4) inserted by S.I. 1990/705
r. 76.4(4) r. 201G(5) inserted by S.I. 1990/705
r. 76.4(6) r. 201G(6) inserted by S.I. 1990/705
r. 76.5 r. 201G(7) inserted by S.I. 1990/705
r. 76.6 r. 201G(8) inserted by S.I. 1990/705
r. 76.7 r. 201H inserted by S.I. 1990/705
r. 76.8 r. 201J inserted by S.I. 1990/705
r. 76.9 r. 201K(2) inserted by S.I. 1990/705
r. 76.10 r. 201L inserted by S.I. 1990/705
r. 76.11(2) r. 201M inserted by S.I. 1990/705
r. 76.13 r. 201N inserted by S.I. 1990/705
r. 76.14 r. 201P inserted by S.I. 1990/705
r. 76.15 r. 201Q inserted by S.I. 1990/705
r. 76.17 r. 201R inserted by S.I. 1990/705
r. 76.18 r. 201D inserted by S.I. 1990/705
r. 76.19 r. 201S inserted by S.I. 1991/1183
r. 76.21(1) r. 201T(1) inserted by S.I. 1991/1183
r. 76.21(2) r. 201U(1) inserted by S.I. 1991/1183
r. 76.22 r. 201V(1) to (4) inserted by S.I. 1991/1183
r. 76.23 r. 201V(5) inserted by S.I. 1991/1183
r. 76.24 r. 201W inserted by S.I. 1991/1183
r. 76.25 r. 201X inserted by S.I. 1991/1183
r. 76.26 r. 201Y inserted by S.I. 1991/1183
Chapter 77, r. 77.3 r. 231(a) (part) and (b)
r. 77.4(1) and (2) r. 231(d) substituted by S.I. 1976/387
r. 77.4(3) r. 231(e) substituted by S.I. 1976/387
r. 77.4(4) r. 231(f)
r. 77.5 r. 231(j)
r. 77.6 r. 231(g)
r. 77.7 r. 231(h)
r. 77.8 r. 231(k) (part)
r. 77.9 r. 231(l)
r. 77.10 r. 231(m)
r. 77.11 r. 231(n)
Chapter 78, r. 78.2(1) r. 265(a)
r. 78.2(2) r. 265(b)
r. 78.3(1) r. 265(c) inserted by S.I. 1984/472
r. 78.4 r. 266
Chapter 79, r. 79.1 r. 260Y(1) and (2) inserted by S.I. 1991/2652
r. 79.2(1) and (3) r. 260Y(3) and (5) inserted by S.I. 1991/2652
r. 79.3 r. 260Y(4) inserted by S.I. 1991/2652
Chapter 80, r. 80.2 r. 9 substituted by S.I. 1992/1422
r. 80.3 r. 10 substituted by S.I. 1992/1422
r. 80.4 r. 11 substituted by S.I. 1992/1422
r. 80.5(1) r. 11B substituted by S.I. 1992/1422