
CHAPTER 1
1.1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 and shall come into force on 1st July 1999.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
1.2 

(1) In this Act of Sederunt, unless the context otherwise requires–
 “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
 “Ordinary Cause Rules” means the First Schedule to the Sheriff Courts (Scotland) Act 1907;
 “sheriff clerk” includes sheriff clerk depute; and
 “summary application” has the meaning given by section 3(p) of the Sheriff Courts (Scotland) Act 1907.
(2) Unless the context otherwise requires, any reference in this Act of Sederunt to a specified Chapter, Part or rule shall be construed as a reference to the Chapter, Part or rule bearing that number in this Act of Sederunt, and a reference to a specified paragraph, sub-paragraph or head shall be construed as a reference to the paragraph, sub-paragraph or head so numbered or lettered in the provision in which that reference occurs.
(3) Any reference in this Act of Sederunt to a numbered Form shall, unless the context otherwise requires, be construed as a reference to the Form so numbered in Schedule 1 to this Act of Sederunt and includes a form substantially to the same effect with such variation as circumstances may require.
(4) In this Act of Sederunt, references to a solicitor include a reference to a member of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act.
1.3 
The Acts of Sederunt mentioned in column (1) of Schedule 2 to this Act of Sederunt are revoked to the extent specified in column (3) of that Schedule.
1.4 
Unless otherwise provided in this Act of Sederunt or in any other enactment, any application or appeal to the sheriff shall be by way of summary application and the provisions of Chapter 2 of this Act of Sederunt shall apply accordingly.
CHAPTER 2
PART I
2.1 
In this Chapter, unless the context otherwise requires–
 “decree” includes any judgment, deliverance, interlocutor, act, order, finding or authority which may be extracted;
 “defender” means any person other than the pursuer who is a party to a summary application; and
 “pursuer” means any person making a summary application.
PART II
2.2 
This Part applies to summary applications.
2.2A 

(1) At any time during proceedings the sheriff may, on the request of a party litigant, permit a named individual to 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 sheriff;
(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 sheriff may refuse a request under paragraph (1) only if—
(a) the sheriff 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) the sheriff is of the opinion that it would be contrary to the efficient administration of justice to grant it.
(4) Permission granted under paragraph (1) endures until the proceedings finish or it is withdrawn under paragraph (5); but it is not effective during any period when the litigant is represented.
(5) The sheriff may, of his or her own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1); but the sheriff must first be of the opinion that it would be contrary to the efficient administration of justice for the permission to continue.
(6) 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.
(7) 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.
2.3 

(1) The sheriff may relieve a party from the consequences of failure to comply with a provision in this Part which is shown to be due to mistake, oversight or other excusable cause, on such conditions as he thinks fit.
(2) Where the sheriff relieves a party from the consequences of a failure to comply with a provision in this Part of these Rules under paragraph (1), he may make such order as he thinks fit to enable the summary application to proceed as if the failure to comply with the provision had not occurred.
2.4 

(1) Unless otherwise prescribed by any other enactment, a summary application shall be commenced by initial writ in Form 1.
(2) The initial writ shall be written, typed or printed on A4 size paper of durable quality and shall not be backed or folded.
(3) Where the pursuer has reason to believe that an agreement exists prorogating jurisdiction over the subject-matter of the summary application to another court, the initial writ shall contain details of that agreement.
(4) Where the pursuer has reason to believe that proceedings are pending before another court involving the same cause of action and between the same parties as those named in the instance of the initial writ, the initial writ shall contain details of those proceedings.
(4A) In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974—
(a) the initial writ shall include an averment that such an agreement exists and details of the agreement; and
(b) a copy of the regulated agreement shall be lodged with the initial writ.
(5) An article of condescendence shall be included in the initial writ averring–
(a) the ground of jurisdiction; and
(b) the facts upon which the ground of jurisdiction is based.
(6) Where the residence, registered office or place of business, as the case may be, of the defender is not known and cannot reasonably be ascertained, the pursuer shall set out in the instance of the initial writ that the whereabouts of the defender are not known and aver in the condescendence what steps have been taken to ascertain his present whereabouts.
(7) The initial writ shall be signed by the pursuer or his solicitor (if any) and the name and address of that solicitor shall be stated on the back of every service copy of that writ.
(8) The initial writ shall include averments about those persons who appear to the pursuer to have an interest in the application and in respect of whom a warrant for citation is sought.
(9) Where warrant to arrest on the dependence is sought, the initial writ shall include averments to justify the grant of such a warrant.
2.5 
The sheriff may make an order for intimation to any person who appears to him to have an interest in the summary application.
2.6 

(1) This rule applies to a summary application where the time within which the application  , being an appeal under statute or an application in the nature of an appeal, may be made is not otherwise prescribed.
(2) An application to which this rule applies shall be lodged with the sheriff clerk within 21 days after the date on which the decision, order, scheme, determination, refusal or other act complained of was intimated to the pursuer.
(3) On special cause shown, the sheriff may hear an application to which this rule applies notwithstanding that it was not lodged within the period prescribed in paragraph (2).
2.7 

(1) Subject to paragraph (2), a warrant for citation  or intimation  may be signed by the sheriff or sheriff clerk.
(1A) A warrant for arrestment on the dependence may be signed by the sheriff, if the sheriff considers it appropriate.
(2) A warrant containing a period of notice shorter than the period of notice to be given to a defender under rule 3.6(1)(a) or (b), as the case may be, of the Ordinary Cause Rules or any other warrant which the sheriff clerk may not sign, shall be signed by the sheriff.
(3) Where the sheriff clerk refuses to sign a warrant which he may sign, the party presenting the summary application may apply to the sheriff for the warrant.
(4) Where citation is necessary–
(a) the warrant of citation shall, subject to paragraphs (5) and (7A)(a), and rule 3.18.3(1) (appeals under section 103J of the Local Government (Scotland) Act 1973) , be in Form 2; and
(b) citation shall, subject to paragraphs (7) and (7A)(b), and rules 2.13 (service where address of person is not known) and 3.18.3(2) (appeals under section 103J of the Local Government (Scotland) Act 1973), be in Form 3.
(5) Where a time to pay direction under the Debtors (Scotland) Act 1987or a time order under the Consumer Credit Act 1974 may be applied for by the defender, the warrant of citation shall be in Form 4.
(6) Where a warrant of citation in accordance with Form 4 is appropriate, there shall be served on the defender (with the initial writ and warrant) a notice in Form 5.
(7) Where a time to pay direction under the Debtors (Scotland) Act 1987  or a time order under the Consumer Credit Act 1974 may be applied for by the defender, citation shall be in Form 6 which shall be attached to a copy of the initial writ and warrant of citation.
(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Where citation is necessary, the certificate of citation shall be in Form 7 which shall be attached to the initial writ.
(9) Where citation is by a sheriff officer, one witness shall be sufficient for the execution of citation.
(10) Where citation is by a sheriff officer, the certificate of citation shall be signed by the sheriff officer and the witness and shall state–
(a) the method of citation; and
(b) where the method of citation was other than personal or postal citation, the full name and designation of any person to whom the citation was delivered.
(11) Where citation is executed under paragraph (3) of rule 2.11 (depositing or affixing by sheriff officer), the certificate shall include a statement–
(a) of the method of service previously attempted;
(b) of the circumstances which prevented such service being executed; and
(c) that a copy of the document was sent in accordance with the provisions of paragraph (4) of that rule.
2.8 
A person may lodge a caveat against 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 before service of the initial writ.
2.9 

(1) A caveat shall be in Form 8 and shall be lodged with the sheriff clerk.
(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 one year and yearly thereafter.
(3) Where a caveat has been lodged and has not expired, no order in respect of which the caveat was lodged may be pronounced unless the sheriff is satisfied that all reasonable steps have been taken to afford the person who lodged the caveat an opportunity of being heard; and the sheriff may continue the hearing on such an order until he is satisfied that such steps have been taken.
2.10 

(1) In any summary application in which service or intimation of any document or citation of any person may be by recorded delivery, such service, intimation or citation shall be by the first class recorded delivery service.
(2) Notwithstanding the terms of section 4(2) of the Citation Amendment (Scotland) Act 1882 (time from which period of notice reckoned), where service or intimation is by post, any period of notice contained in the warrant of citation shall run from the beginning of the day after the date of posting.
(3) On the face of the envelope used for postal service or intimation under this rule there shall be written or printed the following notice:–“This envelope contains a citation to or intimation from (specify the court). If delivery cannot be made at the address shown it is to be returned immediately to:– The Sheriff Clerk (insert address of sheriff clerk’s office).”.
(4) The certificate of citation or intimation in the case of postal service shall have attached to it any relevant postal receipts.
2.11 

(1) An initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree served by a sheriff officer on any person shall be served–
(a) personally; or
(b) by being left in the hands of a resident at the person’s dwelling place or an employee at his place of business.
(2) Where service is executed under paragraph (1)(b), the certificate of citation or service shall contain the full name and designation of any person in whose hands the initial writ, decree, charge, warrant or other order or writ, as the case may be, was left.
(3) Where a sheriff officer has been unsuccessful in executing service in accordance with paragraph (1), he may, after making diligent enquiries, serve the document in question by–
(a) depositing it in that person’s dwelling place or place of business; or
(b) by leaving it at that person’s dwelling place or place of business in such a way that it is likely to come to the attention of that person.
(4) Subject to rule 2.18 (service of schedule of arrestment), where service is executed under paragraph (3), the sheriff officer shall, as soon as possible after such service, send a letter containing a copy of the document by ordinary first class post to the address at which he thinks it most likely that the person on whom service has been executed may be found.
(5) Where the firm which employs the sheriff officer has in its possession–
(a) the document or a copy of it certified as correct by the pursuer’s solicitor, the sheriff officer may serve the writ upon the defender without having the document 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 document or certified copy to the person; or
(b) a certified copy of the interlocutor pronounced allowing service of the document, the sheriff officer may serve the document without having in his possession the certified copy interlocutor 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 service is executed).
(6) Where service is executed under paragraphs (1)(b) or (3), the document and the citation or notice of intimation, as the case may be, must be placed in an envelope bearing the notice “This envelope contains a citation to or intimation from (insert name of sheriff court)” and sealed by the sheriff officer.
2.12 

(1) Subject to the following provisions of this rule, an initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree served on a person furth of Scotland shall be served–
(a) at a known residence or place of business in England, Wales, Northern Ireland, the Isle of Man, the Channel Islands or any country with which the United Kingdom does not have a convention providing for service of writs in that country–
(i) in accordance with the rules for personal service under the domestic law of the place in which service is to be executed; or
(ii) by posting in Scotland a copy of the document in question in a registered letter addressed to the person at his residence or place of business;
(b) in a country which is a party to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters dated 15th November 1965 or the Convention in Schedule 1 or 3C to the Civil Jurisdiction and Judgments Act 1982–
(i) by a method prescribed by the internal law of the country where service is to be executed for the service of documents in domestic actions upon persons who are within its territory;
(ii) by or through the central, or other appropriate, authority in the country where service is to be executed at the request of  the Scottish Ministers;
(iii) by or through a British Consular Office in the country where service is to be executed at the request of the Secretary of State for Foreign and Commonwealth Affairs;
(iv) where the law of the country in which the person resides permits, by posting in Scotland a copy of the document in a registered letter addressed to the person at his residence; or
(v) where the law of the country in which service is to be executed permits, service by an huissier, other judicial officer or competent official of the country where service is to be executed; or
(c) in a country with which the United Kingdom has a convention on the service of writs in that country other than the conventions mentioned in sub-paragraph (b), by one of the methods approved in the relevant convention; ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) In a country to which the EC Service Regulation applies, service–
(a) may be effected by the methods prescribed in paragraph (1)(b)(ii) or (iii) only in exceptional circumstances; and
(b) is effected only if the receiving agency has informed the person that acceptance of service may be refused on the ground that the document has not been translated in accordance with paragraph (6).
(2) Any document which requires to be posted in Scotland for the purposes of this rule shall be posted by a solicitor or a sheriff officer, and on the face of the envelope there shall be written or printed the notice set out in rule 2.10(3).
(3) In the case of service by a method referred to in paragraph (1)(b)(ii) and (iii), the pursuer shall–
(a) send a copy of the writ and warrant of service with citation attached, or other document, as the case may be, with a request for service by the method indicated in the request to  the Scottish Ministers or, as the case may be, 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) In the case of service by a method referred to in paragraph (1)(b)(v), the pursuer or the sheriff officer shall–
(a) send a copy of the writ and warrant for service with citation attached, or other document, as the case may be, 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) 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 is executed, in accordance with paragraph (1)(a)(i) or (1)(b)(i) other than on another party in the United Kingdom, the Isle of Man or the Channel Islands, the party executing service shall lodge a certificate by a person who is conversant with the law of the country concerned and who practises or has practised law in that country or is a duly accredited representative of the Government of that country, stating that the method of service employed is in accordance with the law of the place where service was executed.
(6) Every writ, document, citation or notice on the face of the envelope mentioned in rule 2.10(3) shall be accompanied by a translation in ...
(a) an official language of the country in which service is to be executed; or
(b) in a country to which the EC Service Regulation applies, a language of the member state of transmission that is understood by the person on whom service is being executed.
(7) A translation referred to in paragraph (6) shall be certified as correct by the person making it and the certificate shall–
(a) include his full name, address and qualifications; and
(b) be lodged with the execution of citation or service.
(8) In this rule “the 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.
2.13 

(1) Where the address of a person to be cited or served with a document is not known and cannot reasonably be ascertained, the sheriff shall grant warrant for citation or service upon that person by–
(a) the publication of an advertisement in Form 9 in a specified newspaper circulating in the area of the last known address of that person; or
(b) displaying on the walls of court a copy of the instance and crave of the initial writ, the warrant of citation and a notice in Form 10;
and any period of notice contained in the warrant of citation shall run from the date of publication of the advertisement or display on the walls of court, as the case may be.
(2) Where service requires to be executed under paragraph (1), the pursuer shall lodge a service copy of the initial writ and a copy of any warrant of citation with the sheriff clerk from whom they may be uplifted by the person for whom they are intended.
(3) Where a person has been cited or served in accordance with paragraph (1) and, after the summary application has commenced, his address becomes known, the sheriff may allow the initial writ to be amended subject to such conditions as to re-service, intimation, expenses or transfer of the summary application as he thinks fit.
(4) Where advertisement in a newspaper is required for the purpose of citation or service under this rule, a copy of the newspaper containing the advertisement shall be lodged with the sheriff clerk by the pursuer.
(5) Where display on the walls of court is required under paragraph (1)(b), the pursuer shall supply to the sheriff clerk for that purpose a certified copy of the instance and crave of the initial writ and any warrant of citation.
2.14 

(1) A person carrying on a business under a trading or descriptive name may be designed in the instance of the initial writ by such trading or descriptive name alone, and an extract of a–
(a) decree pronounced in the sheriff court; or
(b) decree proceeding upon any deed, decree arbitral, bond, protest of a bill, promissory note or banker’s note or upon any other obligation or document on which execution may proceed, recorded in the sheriff court books,
against such person under such trading or descriptive name, shall be a valid warrant for diligence against such person.
(2) An initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree in a summary application in which a person carrying on business under a trading or descriptive name is designed in the instance of the initial writ by that name shall be served–
(a) at any place of business or office at which such business is carried on within the sheriffdom of the sheriff court in which the cause is brought; or
(b) where there is no place of business within that sheriffdom, at any place where such business is carried on (including the place of business or office of the clerk or secretary of any company, corporation or association or firm).
2.15 
An initial writ, decree, charge, warrant or any other order or writ following upon such initial writ or decree may be served, enforced or otherwise lawfully executed anywhere in Scotland without endorsation by a sheriff clerk and, if executed by a sheriff officer, may be so executed by a sheriff officer of the court which granted it or by a sheriff officer of the sheriff court district in which it is to be executed.
2.16 
Where it appears to the sheriff that there has been any failure or irregularity in citation or service on a person, he may order the pursuer to re-serve the initial writ on such conditions as the sheriff thinks fit.
2.17 

(1) A person who appears in a summary application shall not be entitled to state any objection to the regularity of the execution of citation, service or intimation on him, and his appearance shall remedy any defect in such citation, service or intimation.
(2) Nothing in paragraph (1) shall preclude a party from pleading that the court has no jurisdiction.
2.18 
If a schedule of arrestment has not been personally served on an arrestee, the arrestment shall have effect only if a copy of the schedule is also sent by registered post or the first class recorded delivery service to–
(a) the last known place of residence of the arrestee; or
(b) if such a place of residence is not known, or if the arrestee is a firm or corporation, to the arrestee’s principal place of business if known, or, if not known, to any known place of business of the arrestee,and the sheriff officer shall, on the certificate of execution, certify that this has been done and specify the address to which the copy of the schedule was sent.
2.18A 

(1) An arrestment on the dependence shall be served by serving the schedule of arrestment on the arrestee in Form 10A.
(2) A certificate of execution shall be lodged with the sheriff clerk in Form 10B.
2.19 

(1) An arrestment on the dependence of a summary application used before service shall cease to have effect if the initial writ is not served within 20 days from the date of arrestment and either–
(a) in the case where the pursuer is entitled to minute for decree in absence on the expiry of a period of notice contained in the warrant of citation, decree in absence has not been pronounced within 20 days after the expiry of the period of notice; or
(b) in the case where the pursuer is not entitled to minute for decree in absence prior to the first hearing of the summary application, there is no appearance by the pursuer at the first hearing and the summary application drops from the roll.
(2) After such an arrestment has been executed, the party who executed it shall forthwith report the execution to the sheriff clerk.
2.20 

(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 to found jurisdiction or on the dependence of a summary application.
(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.
2.21 

(1) The sheriff may, on cause shown, remit a summary application to another sheriff court.
(2) Subject to paragraph (4), where a summary application in which there are two or more defenders has been brought in the sheriff court of the residence or place of business of one of them, the sheriff may transfer the summary application to any other sheriff court which has jurisdiction over any of the defenders.
(3) Subject to paragraph (4), where a plea of no jurisdiction is sustained, the sheriff may transfer the summary application to the sheriff court before which it appears to him the summary application ought to have been brought.
(4) The sheriff shall not transfer a summary application to another sheriff court under paragraph (2) or (3) except–
(a) on the motion of a party; and
(b) where he considers it expedient to do so having regard to the convenience of the parties and their witnesses.
(5) On making an order under paragraph (1), (2) or (3), the sheriff–
(a) shall state his reasons for doing so in the interlocutor; and
(b) may make the order on such conditions as to expenses or otherwise as he thinks fit.
(6) The court to which a summary application is transferred under paragraph (1), (2) or (3) shall accept the summary application.
(7) A transferred summary application shall proceed in all respects as if it had been originally brought in the court to which it is transferred.
(8) An interlocutor transferring a summary application may, with leave of the sheriff, be appealed to the sheriff principal but shall not be subject to appeal to the Court of Session.
2.22 

(1) This rule applies to a summary application in which—
(a) a time to pay direction may be applied for under the Debtors (Scotland) Act 1987 ; or
(b) a time order may be applied for under the Consumer Credit Act 1987
(2) A defender may apply for a time to pay direction or time order and, where appropriate, for recall or restriction of an arrestment–
(a) by appearing and making the appropriate motion at a diet fixed for hearing of the summary application;
(b) except where the warrant of citation contains a shorter period of notice than the period of notice to be given to a defender under rule 3.6(1)(a) or (b), as the case may be, of the Ordinary Cause Rules, by completing and returning the appropriate portion of Form 5 to the sheriff clerk at least  14  days before the first diet fixed for hearing of the summary application or the expiry of the period of notice or otherwise, as the case may be in the warrant of citation; or
(c) by application to the court at any stage before final decree.
(3) On lodging an application under paragraph (2)(b), the defender shall send a copy of it to the pursuer by first class ordinary post.
(4) Where the pursuer objects to the application of the defender lodged under paragraph (2)(b) he shall—
(a) complete and lodge with the sheriff clerk Form 5A prior to the date fixed for the hearing of the summary application; and
(b) send a copy of that form to the defender.
(5) The sheriff clerk shall then fix a hearing in relation to the application under paragraph (2)(b) and intimate the hearing to the pursuer and the defender.
(6) The sheriff may determine an application under paragraph (2)(c) without the defender having to appear.
2.22A 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.23 
Where an assessor is appointed by the sheriff to assist him in determining the summary application, the remuneration to be paid to such assessor shall be part of the expenses of the application.
2.24 
Where, under any enactment, the sheriff requires the pursuer to deposit a sum of money to cover the expenses of an appeal under the enactment, such sum shall, subject to the provisions of that enactment, not exceed an amount which is twenty-five times the amount of the fee payable at that time in respect of lodging the initial writ.
2.25 

(1) Subject to the following paragraphs–
(a) subject to sub-paragraph (c), a decree in absence may be extracted after the expiry of 14 days from the date of decree;
(b) subject to sub-paragraph (c), any decree pronounced in a defended summary application may be extracted at any time after whichever is the later of the following–
(i) the expiry of the period within which an application for leave to appeal may be made and no such application has been made;
(ii) the date on which leave to appeal has been refused and there is no right of appeal from such refusal;
(iii) the expiry of the period within which an appeal may be marked and no appeal has been marked; or
(iv) the date on which an appeal has been finally disposed of; and
(c) where the sheriff has, in pronouncing decree, reserved any question of expenses, extract of that decree may be issued only after the expiry of 14 days from the date of the interlocutor disposing of the question of expenses unless the sheriff otherwise directs.
(2) The sheriff may, on cause shown, grant a motion to allow extract to be applied for and issued earlier than a date referred to in paragraph (1).
(3) In relation to a decree referred to in paragraph (1)(b) or (c), paragraph (2) shall not apply unless–
(a) the motion under that paragraph is made in the presence of the parties; or
(b) the sheriff is satisfied that proper intimation of the motion has been made in writing to every party not present at the hearing of the motion.
(4) Nothing in this rule shall affect the power of the sheriff to supersede extract.
2.26 
The extract of a decree shall be in Form 11.
2.27 
An extract of a decree on which execution may proceed shall include a warrant for execution in the following terms:– “This extract is warrant for all lawful execution hereon.”.
2.28 

(1) Where the sheriff principal has adhered to the decision of the sheriff following an appeal, the date to be inserted in the extract decree as the date of decree shall be the date of the decision of the sheriff principal.
(2) Where a decree has more than one date it shall not be necessary to specify in an extract what was done on each date.
2.29 

(1) Where a defender is domiciled in another part of the United Kingdom or in another Contracting State, the sheriff shall not grant decree in absence until it has been shown that the defender has been able to receive the initial writ in sufficient time to arrange for his defence or that all necessary steps have been taken to that end, and for the purposes of this paragraph–
(a) the question whether a person is domiciled in another part of the United Kingdom shall be determined in accordance with sections 41 and 42 of the Civil Jurisdiction and Judgements Act 1982;
(b) the question whether a person is domiciled in another Contracting State shall be determined in accordance with Article 52 of the Convention in Schedule 1 or 3C to that Act, as the case may be; and
(c) the term “Contracting State” has the meaning assigned in section 1 of that Act.
(2) Where an initial writ has been served in a country to which the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters dated 15th November 1965 applies, decree shall not be granted until it is established to the satisfaction of the sheriff that the requirements of Article 15 of the Convention have been complied with.
2.30 
Except where the sheriff otherwise directs, any motion relating to a summary application shall be made in accordance with, and regulated by, Chapter 15 of the Ordinary Cause Rules.
2.31 
The sheriff may make such order as he thinks fit for the progress of a summary application in so far as it is not inconsistent with section 50 of the Sheriff Courts (Scotland) Act 1907.
2.32 

(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; and
 “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.
2.33 

(1) A party may be represented by any person authorised under any enactment to conduct proceedings in the sheriff court in accordance with the terms of that enactment.
(2) The person referred to in paragraph (1) may do everything for the preparation and conduct of an action as may have been done by an individual conducting his own action.
2.34 

(1) A party who–
(a) is or has been represented by a person authorised under any enactment to conduct proceedings in the sheriff court; and
(b) would have been found entitled to expenses if he had been represented by a solicitor or an advocate,
 May be awarded expenses or outlays to which a party litigant may be found entitled under the Litigants in Person (Costs and Expenses) Act 1975 or any enactment under that Act.
CHAPTER 3
PART I
3.1.1 

(1) In this Part,
(a)  “the Act” means the Administration of Justice (Scotland) Act 1972; and 
(b) “listed items” means a list of the documents and other property which the applicant in terms of rule 3.1.2 wishes to be made the subject of the order.
(2) This Part applies to applications under section 1(1) of the Act.
3.1.2 

(1) An application for an order under section 1(1) of the Act (orders for inspection of documents and other property, etc.) shall be made by summary application where the proceedings in respect of which the application is made have not been commenced.
(2) The summary application shall contain–
(a) the listed items;
(b) the address of the premises within which the applicant believes the listed items are to be found; and
(c) the facts which give rise to the applicant’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 section 1 of the Act.
3.1.3 
The applicant shall lodge with the summary application–
(a) an affidavit supporting the averments in the summary application; and
(b) an undertaking by the applicant that he–
(i) will comply with any order of the sheriff 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;
(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 sheriff, 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.
3.1.4 
The sheriff may, on cause shown, modify, by addition, deletion or substitution, the undertaking mentioned in rule 3.1.3.
3.1.5 

(1) Before granting the summary application, the sheriff may order such intimation or service of the summary application to be given or executed, as the case may be, as he thinks fit.
(2) Any person receiving intimation or service of the summary application by virtue of an order under paragraph (1) may appear and oppose the summary application.
3.1.6 
An order made under this Part shall–
(a) be in Form 11A; and
(b) include in addition a warrant of citation in Form 2.
3.1.7 
On granting, in whole or in part, the summary application the sheriff may order the applicant to find such caution or other security as he thinks fit.
3.1.8 
The order made in terms of rule 3.1.6 shall be served by the Commissioner in person and it shall be accompanied by a copy of the affidavit referred to in rule 3.1.3(a).
3.1.9 
The Commissioner appointed by the sheriff shall, on executing the order–
(a) give to the haver a copy of the notice in Form 11B;
(b) explain to the haver–
(i) the meaning and effect of the order; and
(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 sheriff to vary or recall 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; and
(f) send any recovered listed items to the sheriff clerk to await the further order of the sheriff.
3.1.10 

(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 recorded delivery, to the person claiming confidentiality.
(3) A person claiming confidentiality may oppose a motion made under paragraph (2).
3.1.11 

(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 applicant 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 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.
3.1.12 

(1) The haver may seek legal or other professional advice of his or her choice.
(2) Where the purpose of seeking this advice is to help the haver to decide whether to ask the sheriff to vary or recall 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 applicant’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.
PART II
3.2.1 
In this Part–
 “the 1963 Act” means the Betting Gaming and Lotteries Act 1963;
 “the 1968 Act” means the Gaming Act 1968; and
 “the 1976 Act” means the Lotteries and Amusements Act 1976.
3.2.2 

(1) This rule applies to–
(a) appeals under paragraph 24(1) of Schedule 1 to the 1963 Act against the decision of a licensing board refusing to grant or renew a bookmaker’s permit, betting agency permit or betting office licence;
(b) appeals under paragraph 28(2) of Schedule 1 to the 1963 Act against a decision of a licensing board ordering that a bookmaker’s permit be forfeited or cancelled;
(c) appeals under paragraph 28D of Schedule 1 to the 1963 Act against the decision of a licensing board ordering that a betting office licence be forfeited and cancelled;
(d) appeals under paragraph 7 of Schedule 2 to the 1963 Act against the decision of a registering authority to refuse to register that appellant as a pools promoter, or to revoke his registration as a pools promoter; and
(e) appeals under paragraph 13(3) of Schedule 3 to the 1963 Act against the decision of a licensing authority to revoke a track betting licence.
(2) The appellant shall serve a copy of the initial writ on–
(a) the clerk to the licensing board, registering authority or licensing authority, as the case may be;
(b) all parties who appeared at the hearing before the licensing board, registering authority or licensing authority, as the case may be; and
(c) in the case of an appeal against the forfeiture and cancellation of a bookmaker’s permit or of a betting office licence, the applicant for forfeiture and cancellation.
(3) The clerk to the licensing board, registering authority or licensing authority, as the case may be shall, within 7 days after the date of service on him of a copy of the initial writ, send a written statement setting out the reasons for the decision of the licensing board, registering authority or licensing authority, as the case may be to–
(a) the sheriff clerk; and
(b) each of the persons on whom service of a copy initial writ is required to be made in terms of paragraph (2).
3.2.3 

(1) This rule applies to–
(a) appeals under paragraph 33(1) of Schedule 2 to the 1968 Act against the decision of a licensing board refusing to grant or renew a licence for gaming to take place on premises or imposing restrictions on such a licence; and
(b) appeals under paragraph 45 of that Schedule against the decision of a licensing board cancelling such a licence.
(2) The appellant shall serve a copy of the initial writ on–
(a) the clerk to the licensing board;
(b) all parties who appeared at the hearing before the licensing board;
(c) the Gaming Board;
(d) the appropriate collector of duty; and
(e) the appropriate officer of police.
(3) The clerk to the licensing board shall within 7 days after the date of service on him of a copy of the initial writ, send a written statement setting out the reasons for the decision of the licensing board to–
(a) the sheriff clerk; and
(b) each of the persons on whom service of a copy initial writ is required to be made in terms of paragraph (2).
3.2.4 

(1) This rule applies to–
(a) appeals under paragraph 34(1) of Schedule 2 to the 1968 Act against the decision of a licensing board to grant or renew a licence for gaming to take place on premises, with or without imposing restrictions; and
(b) appeals under paragraph 47(1) of that Schedule against the decision of a licensing board refusing to cancel such a licence.
(2) Where a licensing board, after hearing any objections or representations made by or on behalf of the Gaming Board or any other person–
(a) grants or renews a licence for gaming to take place on premises, with or without imposing restrictions; or
(b) refuses an application for the cancellation of such a licence,
the clerk to the licensing board shall forthwith give notice of the decision of the licensing board to the Gaming Board.
(3) The appellant shall serve a copy of the initial writ on–
(a) the clerk to the licensing board;
(b) the applicant;
(c) all parties who appeared at the hearing before the licensing board;
(d) the Gaming Board;
(e) the appropriate collector of duty; and
(f) the appropriate officer of police.
(4) The clerk to the licensing board shall within 7 days after the date of service on him of a copy of the initial writ, send a written statement setting out the reasons for the decision of the licensing board to–
(a) the sheriff clerk; and
(b) each of the persons on whom service of a copy initial writ is required to be made in terms of paragraph (3).
3.2.5 

(1) This rule applies to–
(a) appeals under paragraph 15 of Schedule 9 to the 1968 Act against the decision of the appropriate authority refusing to grant or renew a permit for the provision of machines for amusement purposes on premises, or to grant such a permit subject to a condition; and
(b) appeals under paragraph 12 of Schedule 3 to the 1976 Act against the decision of the appropriate authority refusing to grant or renew a permit for the provision of amusements with prizes or to grant or renew such a permit subject to a condition.
(2) The appellant shall serve a copy of the initial writ on–
(a) the clerk to the authority;
(b) the applicant;
(c) all parties who appeared at the hearing before the authority;
(d) the Gaming Board;
(e) the appropriate collector of duty; and
(f) the appropriate officer of police.
PART III
3.3.1 

(1) In this Part–
 “the Act” means the Coal Mining Subsidence Act 1991;
 “agreement or consent” means the agreement or consent referred to in section 41 of the Act;
 “person” means a person referred to in section 41 of the Act;
 “any person with responsibility for subsidence affecting any land” has the meaning given in section 43 of the Coal Industry Act 1994.
(2) This Part applies to proceedings under section 41 of the Act.
3.3.2 

(1) An application under section 41 of the Act (disputes about withholding of agreement or consent) shall specify–
(a) the person with whom any person with responsibility for subsidence affecting any land has reached agreement and from whom any person with responsibility for subsidence affecting any land obtained consent; and
(b) the steps which have been taken to obtain the agreement or consent of the person who is withholding such agreement or consent.
(2) An application under section 41 of the Act made in relation to the exercise of a power under section 5(3) or (5) of the Act, shall, when lodged with the sheriff clerk, be accompanied by the notice of proposed remedial action under section 4(2) of the Act.
PART IV
SECTION 1
3.4.1. 
In this Part—
 “the 1894 Act” means the Heritable Securities (Scotland) Act 1894;
 “the 1970 Act” means the Conveyancing and Feudal Reform (Scotland) Act 1970;
 “application for enforcement of security over residential property” means any of the following—
(a) an application under section 24(1B) of the 1970 Act alone (“a 1970 Act only application”);
(b) an application under section 5(1) of the 1894 Act, in a case falling within section 5(2) of that Act, alone (“an 1894 Act only application”);
(c) an application under paragraphs (a) and (b) together (“a combined 1970 Act and 1894 Act application”);
 “entitled resident” means—
(a) in a 1970 Act only application, a person falling within the definition of that expression provided by section 24C of the 1970 Act;
(b) in an 1894 Act only application, a person falling within the definition of that expression provided by section 5D of the 1894 Act;
(c) in a combined 1970 Act and 1894 Act application, a person falling within either of those definitions;
 “entitled resident application” means any of the following—
(a) an application under section 24B of the 1970 Act alone;
(b) an application under section 5C of the 1894 Act alone;
(c) an application under paragraphs (a) and (b) together.
 “pre-action requirements” means—
(a) in a 1970 Act only application, the requirements specified in sections 24A(2) to (6) of the 1970 Act, together with any provision made under section 24A(8) of that Act;
(b) in an 1894 Act only application, the requirements specified in sections 5B(2) to (6) of the 1894 Act, together with any provision made under section 5B(8) of that Act;
(c) in a combined 1970 Act and 1894 Act application, both of those sets of requirements;
 “a recall of decree application” means any of the following—
(a) an application under section 24D of the 1970 Act alone;
(b) an application under section 5E of the 1894 Act alone;
(c) an application under paragraphs (a) and (b) together.
SECTION 2
3.4.2. 

(1) This rule applies to an application or counter-application made by virtue of paragraph (3)(2)(b) of the Act of Sederunt (Sheriff Court Rules) (Enforcement of Securities over Heritable Property) 2010.
(2) An interlocutor of the sheriff disposing of an application or counter-application is final and not subject to appeal except as to a question of title or as to any other remedy granted.
SECTION 3 
3.4.3. 

(1) An application for enforcement of security over residential property must include averments that the pre-action requirements have been complied with.
(2) The pursuer must lodge Form 11C with the initial writ.
(3) The initial writ must specify the name and particulars of all persons known by the pursuer to be entitled residents; and crave warrant for intimation to such persons.
SECTION 4
3.4.4. 
On an application being submitted under rule 3.4.3, the sheriff must—
(a) fix a hearing;
(b) appoint service and intimation of the initial writ and Form 11C.
SECTION 5 
3.4.5. 

(1) Where a defender opposes an application, the sheriff may order answers to be lodged within such period that the sheriff specifies.
(2) The answers must—
(a) specify the name and particulars of all persons known by the defender to be entitled residents who have not already been named in the initial writ; and crave warrant for intimation to such persons; or
(b) state that to the best of the defender’s knowledge there are no other entitled residents.
SECTION 6 Intimation to known entitled residents
3.4.6. 
The sheriff must order that a copy of the initial writ together with a notice in Form 11D and Form 11E be intimated to all entitled residents referred to in rules 3.4.3(3) and 3.4.5(2)(a).
SECTION 7
3.4.7. 

(1) This rule applies to an entitled resident application.
(2) Such application is to be made by lodging a minute in Form 11E in the principal application to which the application relates.
(3) On a Form 11E being lodged, the sheriff must—
(a) fix a hearing of the entitled resident application;
(b) order parties to lodge answers (where the sheriff considers it appropriate to do so) within such period that the sheriff specifies;
(c) order the applicant to serve upon every party and intimate to every entitled resident—
(i) a copy of the entitled resident application;
(ii) a note of the date, time and place of the hearing.
SECTION 8 
3.4.8. 

(1) This rule applies to a recall of decree application.
(2) Such application is to be made by lodging a minute in Form 11F.
(3) On a Form 11F being lodged, the sheriff clerk must fix a hearing of the recall of decree application.
(4) Where a hearing has been fixed under paragraph (3) the person seeking recall must, not less than seven days before the date fixed for the hearing, serve upon every party and intimate to every entitled resident—
(a) a copy of the recall of decree application;
(b) a note of the date, time and place of the hearing.
(5) At a hearing fixed under paragraph (3), the sheriff must recall the decree so far as not implemented and the hearing will then proceed as a hearing held under rule 3.4.4(a).
(6) A minute for recall of a decree, when lodged and served or intimated in terms of this rule, will have the effect of preventing any further action being taken to enforce the decree.
(7) If it appears to the sheriff that there has been any failure or irregularity in service or intimation of the minute for recall of a decree, the sheriff may order re-service or re-intimation of the minute (as the case may be) on such conditions as he or she thinks fit.
(8) Where the person seeking recall does not appear or is not represented at the hearing for recall, the sheriff will pronounce an interlocutor ordaining that person to appear or be represented at a peremptory diet fixed by the sheriff to state whether or not that person intends to proceed with the person’s defence or application, under certification that if that person fails to do so the sheriff may grant decree or make such other order or finding as the sheriff thinks fit.
(9) The diet fixed in the interlocutor under paragraph (8) must not be less than 14 days after the date of the interlocutor unless the sheriff otherwise orders.
(10) The sheriff must appoint a party to intimate to the person seeking recall a copy of the interlocutor and a notice in Form 11G.
(11) Where a person on whom a notice and interlocutor has been intimated under paragraph (10) fails to appear or be represented at a diet fixed under paragraph (8) and to state his or her intention as required by that paragraph, the sheriff may grant decree of new or make such other order or finding as the sheriff thinks fit.
PART V
3.5.1 
In this Part–
 “the 1988 Act” means the Copyright, Designs and Patents Act 1988;
 “the 1994 Act” means the Trade Marks Act 1994; and
 “the 1995 Regulations” means the Olympics Association Right (Infringement Proceedings) Regulations 1995.
3.5.2 
An application to the sheriff made under sections 99, 114, 195, 204, 230, 231 or 298 of the 1988 Act, under sections 16 or 19 of the 1994 Act or under Regulation 3 or 5 of the 1995 Regulations, shall be made–
(a) by motion or incidental application, as the case may be, where proceedings have been commenced; or
(b) by summary application where no proceedings have been commenced.
3.5.3 
Where an application has been made under section 114, 204, 231 or 298 of the 1988 Act, section 19 of the 1994 Act or Regulation 5 of the 1995 Regulations–
(a) the application shall–
(i) specify the name and address of any person known or believed by the applicant to have an interest in the subject matter of the application; or
(ii) state that to the best of the applicant’s knowledge and belief no other person has such an interest; and
(b) the sheriff shall order that there be intimated to any person who has such an interest, a copy of the pleadings and any motion, incidental application or summary application, as the case may be.
3.5.4 

(1) Where leave of the court is required under the 1988 Act before the action may proceed, the pursuer shall lodge along with the initial writ or summons a motion or incidental application, as the case may be, stating the grounds upon which leave is sought.
(2) The sheriff may hear the pursuer on the motion or incidental application and may grant or refuse it or make such other order in relation to it as he considers appropriate prior to determination.
(3) Where such motion or incidental application is granted, a copy of the sheriff’s interlocutor shall be served upon the defender along with the warrant of citation.
PART VI
3.6.1 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.6.2 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.6.3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.6.4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.6.5 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.6.6 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART VII
3.7.1 

(1) In this Part, “the Act” means the Licensing (Scotland) Act 1976.
(2) This Part applies to appeals under section 39 of the Act.
3.7.2 
The appellant shall serve a copy of the initial writ on–
(a) the clerk to the licensing board and the chief constable;
(b) if he was the applicant at the hearing before the licensing board, upon all parties who appeared at the hearing; and
(c) if he was an objector at the hearing, upon the applicant.
3.7.3 

(1) Where the appellant has received from the licensing board a statement of reasons for its decision, he shall lodge a copy thereof with the sheriff clerk along with the initial writ.
(2) The sheriff may, at any time prior to pronouncing a final interlocutor, require the licensing board to state the ground of refusal of an application and to give their reasons for finding such ground to be established.
PART VIII
3.8.1 

(1) In this Part, “the Act” means the Mental Health (Scotland) Act 1984.
(2) This Part applies to–
(a) applications for admission submitted to a sheriff under section 21 of the Act;
(b) guardianship applications submitted to a sheriff under section 40 of the Act; and
(c) community care applications submitted under section 35A of the Act.
3.8.2 

(1) On an application being submitted, the sheriff shall appoint a hearing subject, in the case of an application for admission, to section 21(3A) of the Act.
(2) The sheriff may, where he considers it appropriate in all the circumstances, appoint that the hearing of an application shall take place in a hospital or other place.
3.8.3 

(1) The sheriff clerk shall serve or cause to be served on the patient a copy of the application, with the exception of any medical recommendation, together with a notice in Form 12.
(2) Where the patient is not a resident patient in a hospital, the notice and copy application shall be served on him personally by sheriff officer.
(3) Where the patient is a resident patient in a hospital, the notice and copy application shall be served together with a notice in Form 13 on his responsible medical officer–
(a) by first class recorded delivery service; or
(b) personally by sheriff officer.
(4) Where the patient is already the subject of a guardianship order, the notice and copy application (including any medical recommendations) shall, in addition to any other service required by this rule, be served on the guardian–
(a) by first class recorded delivery service; or
(b) personally by a sheriff officer.
3.8.4 

(1) On receipt of a notice in Form 13 the responsible medical officer shall, subject to rule 3.8.5(1)–
(a) deliver the notice in Form 12 to the patient; and
(b) as soon as practicable thereafter, complete and return to the court a certificate of such delivery in Form 14.
(2) Where, in the opinion of the responsible medical officer, it would be prejudicial to the  patient's  health or treatment if the patient were to be present during the proceedings–
(a) in an application to which rule 3.8.3(3) applies, the responsible medical officer shall set forth his reasons for his opinion in the certificate in Form 14; and
(b) in any other case, the responsible medical officer or the special medical officer, as the case may be, shall set forth his reasons for his opinion in writing and send them to the sheriff clerk.
3.8.5 

(1) Where two medical certificates are produced stating that it would be prejudicial to the health or treatment of the patient if personal service were effected in terms of rule 3.8.3(2) or 3.8.4(1) the sheriff–
(a) may dispense with such service; and
(b) if he does so, shall appoint a curator ad litem to receive the application and represent the interest of that patient.
(2) The sheriff may appoint a curator ad litem to represent the interests of the patient where he is satisfied that–
(a) the patient should be excluded from the whole or any part of the proceedings under section 113(2) of the Act; or
(b) in any other case, it is in all the circumstances appropriate to do so.
(3) The sheriff clerk shall serve the application on the curator ad litem by handing, or sending by first class recorded delivery service, to him a copy of the application and of the order appointing him as the curator.
3.8.6 
Where the patient has indicated that he wishes to be represented at the hearing but has not nominated a representative, the sheriff may appoint a solicitor to take instructions from the patient.
3.8.7 
Where in any proceedings under the Act, the sheriff clerk is aware that the patient is represented by any person and that representative would not otherwise receive intimation of any diet, a copy of the notice served on the patient shall be intimated to the representative by the sheriff clerk by first class recorded delivery service.
3.8.8 

(1) Where a copy of an application and any notice has been served personally by sheriff officer, he shall prepare and return to the court an execution of such service setting forth in detail the manner and circumstances of such service.
(2) Where a sheriff officer has been unable to effect personal service under this Part, he shall report to the court the reason why service was not effected.
3.8.9 

(1) Where, after consulting the persons referred to in subsections (1) and (2) of section 35D of the Act (variation of conditions of community care order), an application is made by the special medical officer for the variation of a community care order under that section, the special medical officer shall–
(a) complete Form 22 in Schedule 2 to the Mental Health (Prescribed Forms) (Scotland) Regulations 1996; and
(b) lodge that form with the sheriff clerk, together with a certified copy of the community care order to which the application for variation relates.
3.8.10 

(1) Any hearing to determine an application under rule 3.8.9 shall take place within 28 days after receipt by the sheriff clerk of Form 22 and the community care order referred to in that rule.
(2) Intimation of the date of the hearing referred to in paragraph (1) shall be given by the sheriff clerk by first class recorded delivery service to such persons as the sheriff may direct; and any intimation of such date to the patient shall be made personally by sheriff officer.
3.8.11 
An application by way of appeal for the revocation of a community care order under section 35F of the Act shall be in Form 15.
PART IX
3.9.1 

(1) In this Part–
 “the Act” means the Proceeds of Crime (Scotland) Act 1995; and
 “administrator” means the person appointed under paragraph 1(1) of Schedule 1 to the Act.
(2) This Part applies to proceedings under sections 28, 29, 30, 31 and 33 of, and paragraphs 1, 2, 4, 6 and 12 of Schedule 1 to, the Act.
3.9.2 
Where the sheriff pronounces an interlocutor making a restraint order under section 28(1) of the Act (application for restraint order), the prosecutor shall serve a copy of that interlocutor on every person named in the interlocutor as restrained by the order.
3.9.3 

(1) An application to the sheriff under any of the following provisions of the Act 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 orders in relation to realisable property);
(b) section 30(3) or (4) (recall of restraint orders in relation to forfeitable property);
(c) section 31(1) (variation or recall of restraint order).
(2) In respect of an application by note under paragraph (1)(c) by a person having an interest for an order for variation or recall under section 31(1)(b) of the Act–
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the period of notice for lodging answers to the note shall be 14 days or such other period as the sheriff thinks fit.
3.9.4 

(1) An application to the sheriff under section 28(8) of the Act (interdict) may be made–
(a) in the application made under section 28(1) of the Act; or
(b) if made after a restraint order has been made, by note in the process of the application for that order.
(2) An application under section 28(8) of the Act by note under paragraph (1)(b) shall not be intimated, served or advertised before that application is granted.
3.9.5 

(1) An application to the sheriff under section 33(1) of the Act (arrestment of property affected by restraint order) by the prosecutor for warrant for arrestment may be made–
(a) in the application made under section 28(1) of the Act; or
(b) if made after a restraint order has been applied for, by note in the process of the application for that order.
(2) An application to the sheriff under section 33(2) of the Act, to loose, restrict or recall an arrestment shall be made by note in the process of the application for the restraint order.
(3) An application to the sheriff under section 33(4) of the Act (recall or restriction of arrestment) shall be made by note in the process containing the interlocutor making the restraint order to which the application relates.
3.9.6 

(1) This rule applies to appeals against an interlocutor of the sheriff refusing, varying or recalling or refusing to vary or recall a restraint order.
(2) An appeal to which this rule applies shall be marked within 14 days after the date of the interlocutor concerned.
(3) An appeal to which this rule applies shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms:– “The applicant appeals to the Court of Session.”.
(4) A note of appeal to which this rule applies shall–
(a) be signed by the appellant;
(b) bear the date on which it is signed; and
(c) where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him in the appeal.
(5) The sheriff clerk shall transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session.
(6) Within the period specified in paragraph (5), the sheriff clerk shall–
(a) send written notice of the appeal to every other party; and
(b) certify on the interlocutor sheet that he has done so.
(7) Failure of the sheriff clerk to comply with paragraph (6) shall not invalidate the appeal.
3.9.7 

(1) An application to the sheriff under paragraph 1 of Schedule 1 to the Act (appointment of administrators) shall be made–
(a) where made after a restraint order has been made, by note in the process of the application for that order; or
(b) in any other case, by summary application.
(2) The notification to be made by the sheriff clerk under paragraph 1(3)(a) of Schedule 1 to the Act shall be made by intimation of a copy of the interlocutor to the person required to give possession of property to an administrator.
3.9.8 

(1) An application to the sheriff under any of the following provisions of Schedule 1 to the Act shall be made by note in the process of the application 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);
(e) paragraph 4 (directions for application of proceeds).
(2) An application to the sheriff under any of the following provisions of Schedule 1 to the Act shall be made in the application for appointment of an administrator under paragraph 1(1) of that Schedule or, if made after the application has been made, by note in the process–
(a) paragraph 2(1)(o) (special powers of administrator);
(b) paragraph 2(3) (vesting of property in administrator);
(c) paragraph 12 (order to facilitate the realisation of property).
3.9.9 
Where the sheriff considers making an order under paragraph 12 of Schedule 1 to the Act (order to facilitate the realisation of property)–
(a) the sheriff shall fix a date for a hearing in the first instance; and
(b) the applicant or noter, as the case may be, shall serve a notice in Form 16 on any person who has an interest in the property.
3.9.10 

(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 sheriff clerk 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 sheriff unless such part of the process is, at the time of request, required by the sheriff.
3.9.11 
Rules 9 to 12 of the Act of Sederunt (Judicial Factors Rules) 1992 (fixing and finding caution in judicial factories) shall, with the necessary modifications, apply to the fixing and finding of caution by an administrator under this Part as they apply to the fixing and finding of caution by a judicial factor.
3.9.12 
An administrator appointed under this Part shall not be entitled to act until he has obtained a copy of the interlocutor appointing him.
3.9.13 

(1) The administrator shall, as soon as possible, but within three 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 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.
(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.
3.9.14 

(1) The administrator shall–
(a) where there are funds available for division, prepare a state of funds after application of sums in accordance with paragraph 4(2) of Schedule 1 to the Act, and a scheme of division amongst those who held property which has been realised under the 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 sheriff; 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 prosecutor; and
(c) intimate to each person who held property which has been realised under the Act 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; and
(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.
3.9.15 

(1) A person wishing to be heard by the sheriff in relation to the distribution of property under paragraph 4(3) of Schedule 1 to the Act 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 3.9.14(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 sheriff 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 sheriff.
3.9.16 

(1) Where the scheme of division is approved by the sheriff 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 to the sheriff 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.
3.9.17 
An appeal to the sheriff under paragraph 6(2) of Schedule 1 to the Act (appeal against a determination by the Accountant of Court) shall be made by note in the process of the application in which the administrator was appointed.
PART X
3.10.1 

(1) In this Part, “the Act” means the Rating (Disabled Persons) Act 1978.
(2) This Part applies to appeals under section 6(5) or 6(5A) of the Act.
3.10.2 
Any appeal under this Part shall be lodged within 42 days of the date on which the application to the rating authority is refused by the authority.
PART XI
3.11.1 

(1) In this Part–
 “sheriff clerk” means, except in rules 3.11.2, 3.11.22 and 3.11.23, the sheriff clerk of the sheriff court district where the trial of the election petition is to take place;
 “the Act” means the Representation of the People Act 1983.
(2) In this Part–
(a) rules 3.11.2 to 3.11.21 apply to election petitions under the Act; and
(b) rules 3.11.22 to 3.11.24 apply to registration appeals under section 56 of the Act where the appellant is a person–
(i) whose entry in the register is an anonymous entry; or
(ii) who has applied for such an entry.
3.11.2 

(1) The election petition shall be lodged with the sheriff clerk of a sheriff court district within which the election questioned has taken place.
(2) The sheriff clerk shall without delay transmit it to the sheriff principal who shall forthwith appoint–
(a) the time and place for trial of the petition;
(b) the amount of the security to be given by the petitioner; and
(c) if he thinks fit, answers to be lodged within a specified time after service.
(3) Service in terms of section 136(3) of the Act (security for costs) shall be effected–
(a) personally within–
(i) 5 days; or
(ii) such other period as the sheriff principal may appoint,
of the giving of security; or
(b) by first class recorded delivery post within–
(i) 5 days; or
(ii) such other period as the sheriff principal may appoint,
of the giving of security.
3.11.3 

(1) If the security proposed is in whole or in part by bond of caution, it shall be given by lodging with the sheriff clerk a bond for the amount specified by the sheriff principal.
(2) Such bond shall–
(a) recite the nature of the petition; and
(b) bind and oblige the cautioner and the petitioner jointly and severally, and their respective heirs, executors and successors whomsoever, that the petitioner shall make payment of all costs, charges and expenses that may be payable by him to any person by virtue of any order or decree pronounced in the petition.
(3) The sufficiency of the cautioner must be attested to the satisfaction of the sheriff clerk, as in the case of judicial bonds of caution.
3.11.4 

(1) Objections to a bond of caution shall be lodged with the sheriff clerk within 14 days of service in terms of section 136(3) of the Act.
(2) Objections shall be heard and disposed of by the sheriff clerk.
(3) If any objection is allowed, it may be removed by a deposit of such sum of money as the sheriff clerk shall determine, made in the manner provided in rule 3.11.5 and within 5 days after the date of the sheriff clerk’s determination.
3.11.5 

(1) Security tendered in whole or in part by deposit of money shall be made in such bank as the sheriff clerk may select.
(2) The deposit receipt shall be–
(a) taken in joint name of the petitioner and the sheriff clerk;
(b) handed to the sheriff clerk; and
(c) held by the sheriff clerk subject to the orders of the court in the petition.
3.11.6 

(1) Subject to paragraph (2), the sheriff principal shall have power at any stage to allow the petition and any answers to be amended upon such condition as to expenses or otherwise as he shall think fit.
(2) No amendment altering the ground upon which the election was questioned in the petition as presented shall be competent, except to the extent sanctioned by section 129(6) of the Act (time for presentation or amendment of petition questioning local election).
3.11.7 

(1) The sheriff clerk shall, as soon as he receives intimation of the time and place fixed for trial–
(a) display a notice thereof on the walls of his principal office; and
(b) send by first class post one copy of such notice to–
(i) the petitioner;
(ii) the respondent;
(iii) the Lord Advocate; and
(iv) the returning officer.
(2) The returning officer on receipt of notice from the sheriff clerk shall forthwith publish the time and place fixed for trial in the area for which the election questioned was held.
(3) Subject to paragraph (4), display of a notice in accordance with paragraph (1)(a) shall be deemed to be notice in the prescribed manner within the meaning of section 139(1) of the Act (trial of petition) and such notice shall not be vitiated by any miscarriage of or relating to all or any copies sent by post.
(4) At any time before the trial it shall be competent for any party interested to bring any miscarriage of notice sent by post before the sheriff principal, who shall deal therewith as he may consider fit.
3.11.8 
The sheriff clerk shall attend and act as clerk of court at the trial of the petition.
3.11.9 
The shorthand writer’s charges, as approved by the sheriff principal, shall be paid in the first instance by the petitioner.
3.11.10 
The application to state a special case referred to in section 146(1) of the Act (special case for determination of the Court of Session) shall be made by minute in the petition proceedings.
3.11.11 

(1) When a petitioner claims the seat for an unsuccessful candidate, alleging that such candidate had a majority of lawful votes, he and the respondent shall, 5 days before the day fixed for the trial, respectively deliver to the sheriff clerk, and send by first class post to the other party and the Lord Advocate, a list of the votes intended to be objected to, and of the objections to each such vote.
(2) The sheriff clerk shall allow inspection of such list to all parties concerned.
(3) No evidence shall be allowed to be given against any vote or in support of any objection not specified in such list, except by leave of the sheriff principal granted upon such terms as to the amendment of the list, postponement of the trial, and payment of expenses as to him may seem fit.
3.11.12 

(1) When on the trial of a petition complaining of an undue return and claiming the office for some person, the respondent intends to give evidence to prove that that person was not duly elected, such respondent shall, 5 days before the day appointed for the trial, deliver to the sheriff clerk, and send by first class post to the petitioner and the Lord Advocate, a list of the objections to the election upon which he intends to rely.
(2) No evidence shall be allowed to be given by a respondent in support of any objection to the election not specified in such list except by leave of the sheriff principal granted upon such terms as to the amendment of the list, postponement of the trial, and payment of expenses as to him may seem fit.
3.11.13 
The sheriff clerk shall be the prescribed officer for the purposes of sections 143(1) (expenses of witnesses) and 155(2) (neglect or refusal to pay costs) of the Act.
3.11.14 

(1) Application for leave to withdraw a petition in terms of section 147(1) of the Act (withdrawal of petition), shall be made by minute in Form 17 and shall be preceded by written notice of the intention to make it, sent by first class post to–
(a) the respondent;
(b) the Lord Advocate; and
(c) the returning officer.
(2) The returning officer shall forthwith publish the fact of his having received such notice in the area for which the election questioned was held.
(3) The sheriff principal, upon the application being laid before him, shall by interlocutor, fix the time, not being earlier than 8 days after the date of the interlocutor, and place for hearing it.
(4) The petitioner shall, at least 6 days before the day fixed for the hearing, publish in a newspaper circulating in the district named in the interlocutor a notice in Form 18.
3.11.15 

(1) In the event of the death of the sole petitioner, or of the last survivor of several petitioners, the sheriff clerk shall forthwith, upon the fact being brought to his knowledge, insert in a newspaper circulating in the district a notice in Form 19.
(2) The time within which any person who might have been a petitioner in respect of the election may apply to the court by minute in the petition proceedings to be substituted as a petitioner shall be 21 days from the date of publication of such notice.
3.11.16 

(1) Notice that a respondent does not intend to oppose a petition shall be given by leaving a written notice to that effect at the office of the sheriff clerk at least 6 days (exclusive of the day of leaving such notice) before the day fixed for the trial.
(2) On such notice being left with the sheriff clerk, or on its being brought to his knowledge that a respondent other than a returning officer has died, resigned, or otherwise ceased to hold the office to which the petition relates, the sheriff clerk shall forthwith–
(a) advertise the fact once in a newspaper circulating in the district; and
(b) send intimation thereof by first class post to–
(i) the petitioner;
(ii) the Lord Advocate; and
(iii) the returning officer, who shall publish the fact in the district.
(3) The advertisement to be made by the sheriff clerk shall state the last day on which, under this Part, application to be admitted as a respondent to oppose the petition can be made.
3.11.17 
Application to be admitted as a respondent to oppose a petition on the occurrence of any of the events mentioned in section 153(1) of the Act (withdrawal and substitution of respondents before trial) must be made by minute in the petition proceedings within 10 days after the date of publication of the advertisement mentioned in rule 3.11.16, unless the sheriff principal on cause shown sees fit to extend the time.
3.11.18 

(1) This rule applies where after the notice of trial has been published the sheriff clerk receives notice of–
(a) the petitioner’s intention to apply for leave to withdraw;
(b) the respondent’s intention not to oppose;
(c) the abatement of the petition by death; or
(d) the occurrence of any of the events mentioned in section 153(1) of the Act.
(2) Where this rule applies the sheriff clerk shall forthwith give notice by advertisement inserted once in a newspaper circulating in the district, that the trial will not proceed on the day fixed.
3.11.19 
Where a party to proceedings under this Part is represented by a solicitor any reference to such party shall, where appropriate, be construed as a reference to the solicitor representing that party and a notice sent to his solicitor shall be held to be notice to the party.
3.11.20 
Where under this Part the returning officer or the sheriff clerk requires to have published a notice or advertisement, the cost shall be paid in the first instance by the petitioner or in the case of a notice under rule 3.11.15 from the estate of the sole or last surviving petitioner and shall form part of the general expenses of the petition.
3.11.21 
The expenses of petitions and other proceedings under the Act shall be taxed by the auditor of the sheriff court.
3.11.22 

(1) Where a person desiring to appeal wishes to prevent his identity being disclosed he may, before lodging the appeal, apply to the sheriff clerk for a serial number to be assigned to him for all purposes connected with the appeal.
(2) On receipt of an application for a serial number, the sheriff clerk shall assign such a number to the applicant and shall enter a note of it opposite the name of the applicant in the register of such 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 sheriff clerk and shall not be disclosed to any person other than–
(a) the sheriff;
(b) the registration officer whose decision or determination is the subject of the appeal.
(4) In this rule and in rule 3.11.23 “sheriff clerk” means the sheriff clerk of the sheriff court district in which the appeal is or is to be raised.
3.11.23 
Unless the sheriff otherwise directs, all documents lodged in process of an appeal to which this rule applies are to be available only to the sheriff and the parties; and such documents are to be treated as confidential by all persons involved in, or party to, the proceedings and by the sheriff clerk.
3.11.24 
The hearing of an appeal to which this rule applies is to be in private.
PART XII
3.12.1 
In this Part, “the Model Law” means the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration as set out in Schedule 7 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
3.12.2 

(1) Subject to sub-paragraph (2), any request or application which may be made to the sheriff under the Model Law shall be made by summary application.
(2) Where proceedings involving the same arbitration and the same parties are already pending before the sheriff under this Part, a further application or request may be made by note in the same process.
(3) The sheriff shall order service of such summary application or note to be made on such persons as he considers appropriate.
3.12.3 

(1) There shall be lodged along with an application under Article 35 of the Model Law–
(a) the original arbitration agreement or certified copy thereof;
(b) the duly authenticated original award or certified copy thereof; and
(c) where appropriate, a duly certified translation in English of the agreement and award.
(2) An application under this paragraph shall specify whether to the knowledge of the applicant–
(a) the arbitral award has been recognised, or is being enforced, in any other jurisdiction; and
(b) an application for setting aside or suspension of the arbitral award has been made to a court of the country in which or under whose law the award was made.
(3) Where the sheriff is satisfied that an arbitral award should be recognised and enforced, he shall so order and shall instruct the sheriff clerk to register the award in the Books of the Sheriff Court for execution.
PART XIII
3.13.1 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.13.2 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.13.3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.13.4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART XIV
3.14.1 

(1) In this Part–
 “the Act” means the Access to Health Records Act 1990; and
 “the Reg” means the Access to Health Records (Steps to Secure Compliance and Complaints Procedures) (Scotland) Regulations 1991.
(2) This Part applies to applications under section 8(1) of the Act (applications to the court for order to comply with requirement of the Act).
3.14.2 
An application shall specify those steps prescribed in the Regulations which have been taken by the person concerned to secure compliance with any requirement of the Act, and when lodged in process shall be accompanied by–
(a) a copy of the application under section 3 of the Act (applications for access to a health record);
(b) a copy of the complaint under regulation 3 or 4 of the Regulations (complaint about non-compliance with the Act); and
(c) if applicable, a copy of the report under regulation 6 of the Regulations (report in response to complaint).
3.14.3 
The application shall be made where the applicant–
(a) has received a report in accordance with regulation 6 of the Regulations, within one year of the date of the report;
(b) has not received such a report, within 18 months of the date of the complaint.
PART XV
3.15.1 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.15.2 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.15.3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.15.4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART XVI
3.16.1 
In this Part–
 ...
 “the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000;
 “the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003;
 “adult” means a person who is the subject of an application under the 2000 Act and–
(a) has attained the age of 16 years; or
(b) in relation to an application for a guardianship order, will attain the age of 16 years within 3 months of the date of the application;
 “authorised establishment” has the meaning ascribed to it in section 35(2) of the 2000 Act;
 “continuing attorney” means a person on whom there has been conferred a power of attorney granted under section 15(1) of the 2000 Act;
 “guardianship order” means an order made under section 58(4) of the 2000 Act;
 “incapable” has the meaning ascribed to it at section 1(6) of the 2000 Act, and “incapacity” shall be construed accordingly;
 “intervention order” means an order made under section 53(1) of the 2000 Act;
 “local authority” has the meaning ascribed to it by section 87(1) of the 2000 Act;
 “managers” has the meaning ascribed to it in paragraph 1 of Schedule 1 to the 2000 Act;
 “Mental Welfare Commission” has the meaning ascribed to it by section 87(1) of the 2000 Act;
 “named person” has the meaning ascribed to it by section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
 “nearest relative” means, subject to section 87(2) of the 2000 Act, the person who would be, or would be exercising the functions of, the adult’s nearest relative under sections 53 to 57 of the 1984 Act if the adult were a patient within the meaning of that Act and notwithstanding that the person neither is or was caring for the adult for the purposes of section 53(3) of that Act;
 “power of attorney” includes a factory and commission;
 “primary carer” means the person or organisation primarily engaged in caring for an adult;
 “Public Guardian” shall be construed in accordance with section 6 of the 2000 Act; and
 “welfare attorney” means a person on whom there has been conferred a power of attorney granted under section 16(1) of the 2000 Act.
3.16.2 
On an application or other proceedings being submitted under or in pursuance of the 2000 Act the sheriff shall–
(a) fix a hearing;
(b) order answers to be lodged (where he considers it appropriate to do so) within a period that he shall specify; and
(c) appoint service and intimation of the application or other proceedings.
3.16.3 
The sheriff may, where he considers it appropriate in all the circumstances, appoint that the hearing of an application or other proceedings shall take place–
(a) in a hospital, or any other place than the court building;
(b) in private.
3.16.4 

(1) Service of the application or other proceedings shall be made in Form 20 on–
(a) the adult;
(b) the nearest relative of the adult;
(c) the primary carer of the adult (if any);
(ca) the named person of the adult (if any);
(d) any guardian, continuing attorney or welfare attorney of the adult who has any power relating to the application or proceedings;
(e) the Public Guardian; ...
(ea) where appropriate, the Mental Welfare Commission;
(eb) where appropriate, the local authority; and
(f) any other person directed by the sheriff.
(2) Where the applicant is an individual person without legal representation service shall be effected by the sheriff clerk.
(3) Where the adult is in an authorised establishment the person effecting service shall not serve Form 20 on the adult under paragraph (1)(a) but shall instead serve Forms 20 and 21, together with Form 22, on the managers of that authorised establishment by–
(a) first class recorded delivery post; or
(b) personal service by a sheriff officer.
(4) On receipt of Forms 20 and 21 in terms of paragraph (3) the managers of the authorised establishment shall, subject to rule 3.16.5–
(a) deliver the notice in Form 20 to the adult; and
(b) as soon as practicable thereafter complete and return to the sheriff clerk a certificate of such delivery in Form 22.
(5) Where the application or other proceeding follows on a remit under rule 3.16.9 the order for service of the application shall include an order for service on the Public Guardian or other party concerned.
(6) Where the application is for an intervention order or a guardianship order, copies of the reports lodged in accordance with section 57(3) of the 2000 Act (reports to be lodged in court along with application) shall be served along with Form 20, or Forms 20, 21 and 22 as the case may be.
3.16.5 

(1) Where, in relation to any application or proceeding under or in pursuance of the 2000 Act, two medical certificates are produced stating that intimation of the application or other proceeding, or notification of any interlocutor relating to such application or other proceeding, would be likely to pose a serious risk to the health of the adult the sheriff may dispense with such intimation or notification.
(2) Any medical certificates produced under paragraph (1) shall be prepared by medical practitioners independent of each other.
(3) In any case where the incapacity of the adult is by reason of mental disorder, one of the two medical practitioners must be a medical practitioner approved for the purposes of  section 22(4) of the 2003 Act  as having special experience in the diagnosis or treatment of mental disorder.
3.16.6 

(1) A hearing to determine any application or other proceeding shall take place within 28 days of the interlocutor fixing the hearing under rule 3.16.2 unless any person upon whom the application is to be served is outside Europe.
(2) At the hearing referred to in paragraph (1) the sheriff may determine the application or other proceeding or may order such further procedure as he thinks fit.
3.16.7 

(1) An application submitted to the sheriff under or in pursuance of the 2000 Act, other than an appeal or remitted matter, shall be in Form 23.
(2) An appeal to the sheriff under or in pursuance of the 2000 Act shall be in Form 24.
3.16.8 

(1) Unless otherwise prescribed in this Part or under the 2000 Act, any  application or proceedings subsequent to an initial application or proceeding considered by the sheriff  , including an application to renew an existing order, shall take the form of a minute lodged in the process.
(1A) Except where the sheriff otherwise directs, any such minute shall be lodged in accordance with, and regulated by, Chapter 14 of the Ordinary Cause Rules.
(2) Where any subsequent application or proceedings under paragraph (1) above are made to a court in another sheriffdom the sheriff clerk shall transmit the court process to the court dealing with the current application or proceeding.
(3) Transmission of the process in terms of paragraph (2) shall be made within 4 days of it being requested by the sheriff clerk of the court in which the current application or proceedings have been raised.
(4) Where the application is for renewal of a guardianship order,  a copy of any report lodged under section 60 of the 2000 Act  shall be served along with the minute.
(5) Where the application is for renewal of a guardianship order, a copy shall be served on the local authority and, where it relates to the adult’s personal welfare where incapacity is by reason of mental disorder, on the Mental Welfare Commission.
3.16.9 
Where an application is remitted to the sheriff by the Public Guardian or by any other party authorised to do so under the 2000 Act the party remitting the application shall, within 4 days of the decision to remit, transmit the papers relating to the application to the sheriff clerk of the court where the application is to be considered.
3.16.10 

(1) Where the sheriff requires a person authorised under an intervention order or any variation of an intervention order, or appointed as a guardian, to find caution he shall specify the amount and period within which caution is to be found in the interlocutor authorising or appointing the person or varying the order (as the case may be).
(1A) The amount of caution specified by the sheriff in paragraph (1) may be calculated and expressed as a percentage of the value of the adult’s estate.
(2) The sheriff may, on application made by motion before the expiry of the period for finding caution and on cause shown, allow further time for finding caution in accordance with paragraph (1).
(3) Caution shall be lodged with the Public Guardian.
(4) Where caution has been lodged to the satisfaction of the Public Guardian he shall notify the sheriff clerk.
(5) The sheriff may at any time while a requirement to find caution is in force–
(a) increase the amount of, or require the person to find new, caution; or
(b) authorise the amount of caution to be decreased.
(6) Where the sheriff requires the person referred to in paragraph (1) to give security other than caution, the rules of Chapter 27 of the Ordinary Cause Rules shall apply with the necessary modifications.
3.16.11 
An application under section 57(5) of the 2000 Act (appointment of interim guardian) may be made in the crave of the application for a guardianship order to which it relates or, if made after the submission of the application for a guardianship order, by motion in the process of that application.
3.16.12 
Where an application for an intervention order or a guardianship order seeks to vest in the person authorised under the order, or the guardian, as the case may be, any right to deal with, convey or manage any interest in heritable property which is recorded or capable of being recorded in the General Register of Sasines or is registered or capable of being registered in the Land Register of Scotland, the applicant must specify the necessary details of the property in the application to enable it to be identified in the Register of Sasines or the Land Register of Scotland, as the case may be.
3.16.13 

(1) Where the court is required under section 70(3) of the 2000 Act to intimate an application for an order or warrant in relation to non-compliance with the decision of a guardian with welfare powers, the sheriff clerk shall effect intimation in Form 20 in accordance with paragraphs (2) and (3).
(2) Intimation shall be effected–
(a) where the person is within Scotland, by first class recorded delivery post, or, in the event that intimation by first class recorded delivery post is unsuccessful, by personal service by a sheriff officer; or
(b) where the person is furth of Scotland, in accordance with rule 2.12 (service on persons furth of Scotland).
(3) Such intimation shall include notice of the period within which any objection to the application shall be lodged.
PART XVII
3.17.1 
In this Part, any reference to a specified paragraph shall be construed as a reference to the paragraph bearing that number in Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.
3.17.2 

(1) An application to the sheriff for an order under paragraph 3(2) (extended detention of seized cash) shall be made by summary application.
(2) An application for any further order for the detention of cash under paragraph 3(2) shall be made by minute in the original process and shall be proceeded with in accordance with sub-paragraph (3) below.
(3) On the lodging of an application for any further order the sheriff shall–
(a) fix a date for determination of the application; and
(b) order service of the application together with notice of such date for determination on any persons whom he considers may be affected.
3.17.3 

(1) An application to the sheriff under paragraph 5(2) (application for release of detained cash) or under paragraph 9(1) (application by person who claims that cash belongs to him) shall, where the court has made an order under paragraph 3(2), be made by minute in the original process of the application for that order, and in any other case shall be made by summary application.
(2) On the lodging of such an application the sheriff shall–
(a) fix a date for a hearing; and
(b) order service of the application together with notice of such hearing on the procurator fiscal and any other person whom he considers may be affected by the granting of such an application.
3.17.4 

(1) An application to the sheriff under paragraph 6(1) (application for forfeiture of detained cash) shall, where the court has made an order under paragraph 3(2), be made by minute in the original process of the application for that order, and in any other case shall be made by summary application.
(2) On the lodging of such an application the sheriff shall–
(a) fix a date for a hearing; and
(b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application.
3.17.5 

(1) An application to the sheriff under paragraph 10(1) (application for compensation) shall, where the court has made an order under paragraph 3(2), be made by minute in the original process of the application for that order, and in any other case shall be made by summary application.
(2) On the lodging of such an application the sheriff shall–
(a) fix a date for a hearing; and
(b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application.
PART XVIII
3.18.1 
—This Part applies to appeals to the sheriff principal under section 103J of the Local Government (Scotland) Act 1973 (appeals from the Accounts Commission for Scotland).
3.18.2 

(1) An appeal under this Part shall be made by summary application.
(2) A summary application made under paragraph (1) shall include grounds of appeal stating–
(a) the finding or sanction or suspension being appealed;
(b) reasons why the appeal should be allowed; and
(c) the date of sending of the finding or imposition of the sanction or suspension concerned,
and shall be accompanied by a copy of such finding, sanction or suspension.
3.18.3 

(1) A warrant for citation in an appeal under this Part shall be in Form 2A and shall state–
(a) the date by which answers should be lodged; and
(b) the date and time when the appeal will call.
(2) Citation in respect of a warrant granted under paragraph (1) shall be in Form 3A.
(3) Where a party on whom service has been made lodges answers under paragraph (1)(a) that party shall, at the same time, send a copy to the applicant.
PART XIX
3.19.1 

(1) In this Part–
 “the Act” means the Proceeds of Crime Act 2002;
 references to an administrator are to an administrator appointed under section 125(1) or 128(3);
 a reference to a specified section is a reference to the section bearing that number in the Act; and any reference to a specified paragraph in a specified Schedule is a reference to the paragraph bearing that number in the Schedule of that number in the Act.
(2) This Part applies to applications to the sheriff under Parts 3, 5 and 8 of the Act; but it only applies to applications under Part 8 in relation to property that is the subject of a civil recovery investigation.
3.19.2 

(1) An application to the sheriff for an order under sections 295(2) and (7) (extended detention of seized cash) shall be made by summary application.
(2) An application for any further order for the detention of cash under section 295(2) shall be made by minute in the process of the original application for extended detention of seized cash and shall be proceeded with in accordance with sub-paragraph (3) below.
(3) On the lodging of an application for any further order the sheriff shall–
(a) fix a date for determination of the application; and
(b) order service of the application together with notice of such date for determination on any persons whom he considers may be affected.
3.19.3 

(1) An application to the sheriff under section 297(3) (application for release of detained cash) or under section 301(1) (application by person who claims that cash belongs to him) shall, where the court has made an order under section 295(2), be made by minute in the process of the application for that order, and in any other case shall be made by summary application in the course of the proceedings or at any other time.
(2) On the lodging of such an application the sheriff shall–
(a) fix a date for a hearing; and
(b) order service of the application together with notice of such hearing on the procurator fiscal and any other person whom he considers may be affected by the granting of such an application.
3.19.4 

(1) An application to the sheriff under section 298(1)(b) (application by the Scottish Ministers for forfeiture of detained cash) shall, where the court has made an order under section 295(2), be made by minute in the process of the application for that order, and in any other case shall be made by summary application.
(2) On the lodging of such an application the sheriff shall–
(a) fix a date for a hearing; and
(b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application.
3.19.5 

(1) An application to the sheriff under section 302(1) (application for compensation) shall, where the court has made an order under section 295(2), be made by minute in the process of the application for that order, and in any other case shall be made by summary application.
(2) On the lodging of such an application the sheriff shall–
(a) fix a date for a hearing; and
(b) order service of the application together with notice of such hearing on any person whom he considers may be affected by the granting of such an application.
3.19.6 
The intimation to be made by the prosecutor under section 121(3) shall be made by serving a copy of the interlocutor granting a restraint order on every person named in the interlocutor as restrained by the order.
3.19.7 
An application to the sheriff under section 121(5) (variation or recall of restraint order) shall be made by minute in the process of the application for the restraint order.
3.19.8 

(1) An appeal against an interlocutor of the sheriff refusing, varying or recalling or refusing to vary or recall a restraint order shall be marked within 14 days after the date of the interlocutor concerned.
(2) Such an appeal shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms:–“
 The applicant appeals to the Court of Session.”.
(3) The note of appeal shall–
(a) be signed by the appellant;
(b) bear the date on which it is signed; and
(c) where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him in the appeal.
(4) The sheriff clerk will transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session.
(5) Within the period specified in paragraph (4), the sheriff clerk shall–
(a) send written notice of the appeal to every other party; and
(b) certify on the interlocutor sheet that he has done so.
(6) Failure of the sheriff clerk to comply with paragraph (5) shall not invalidate the appeal.
3.19.9 

(1) An application to the sheriff under section 124(1) (arrestment of property affected by restraint order) by the prosecutor for warrant for arrestment may be made–
(a) in the application made under section 121(2) (application for restraint order); or
(b) if made after a restraint order has been applied for, by minute in the process of the application for that order.
(2) An application to the sheriff under section 124(3) (recalling, loosing or restricting arrestment) or under section 124(6) (recall or restriction of arrestment) shall be made by minute in the process of the application for the restraint order.
3.19.10 

(1) An application to the sheriff under section 125(1) (appointment of management administrator) shall be made by minute in the process of the application for the restraint order.
(2) An application to the sheriff under section 128(2) (appointment of enforcement administrator) shall be made–
(a) where made after a restraint order has been made, by minute in the process of the application for that order; or
(b) in any other case, by summary application.
(3) The notification to be made by the sheriff clerk under section 125(3) or 128(8) (as the case may be) shall be made by intimation of a copy of the interlocutor to the accused and the persons subject to the order.
3.19.11 
An application to the sheriff subsequent to the appointment of an administrator relating to any matter incidental to that appointment shall be made by minute in the process of the application in which the administrator was appointed.
3.19.12 

(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 sheriff clerk 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 sheriff unless such part of the process is, at the time of request, required by the sheriff.
3.19.13 

(1) The Accountant of Court shall forthwith, on receiving intimation of an application for the appointment of an administrator, fix the caution to be found in the event of appointment being made and shall notify the amount to the sheriff clerk and the applicant.
(2) During the subsistence of the appointment of the administrator, the Accountant of Court may, at any time–
(a) require the administrator to increase the amount of or find new or additional caution; or
(b) authorise the administrator to decrease the amount of existing caution.
3.19.14 

(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 sheriff may, on application made before the expiry of the period for finding caution, and, on cause shown, allow further time for finding caution.
3.19.15 

(1) Caution shall be lodged with the Accountant of Court.
(2) Where caution has been found to the satisfaction of the Accountant of Court, he shall notify the sheriff clerk.
3.19.16 

(1) A certified copy interlocutor of appointment of an administrator shall not be issued by the sheriff clerk until he receives notification from the Accountant of Court in accordance with rule 3.19.15(2).
3.19.17 
An administrator shall not be entitled to act until he has obtained a certified copy of the interlocutor appointing him.
3.19.18 

(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.
3.19.19 
An application to the sheriff for discharge of an administrator shall be made by minute in the process of the application in which the administrator was appointed.
3.19.20 
An appeal to the sheriff under paragraph 9(1) of Schedule 3 (appeal against a determination by the Accountant of Court) shall be made by minute in the process of the application in which the administrator was appointed.
3.19.21 

(1) An application to the sheriff under section 382(2) (order to grant entry to premises) may be made–
(a) in the application for the production order; or
(b) if made after the production order has been made, by minute in the process of the application for that order.
(2) A report to the sheriff under section 385(4) (report of failure to bring production order made in relation to an authorised government department to the attention of the officer concerned) shall take the form of a letter to the sheriff clerk.
(3) An application to the sheriff under section 386(4) (discharge or variation of a production order or an order to grant entry) shall be made by minute in the process of the application for the production order.
3.19.22 
An application to the sheriff under section 387(1) (search warrant) shall be in the form of a summary application.
3.19.23 
An application under section 403(4) (discharge or variation of a customer information order) shall be made by minute in the process of the application for the customer information order.
3.19.24 
An application under section 408(4) (discharge or variation of an account monitoring order) shall be made by minute in the process of the application for the account monitoring order.
PART XX
3.20.1 

(1) In this Part–
 “the Act” means the International Criminal Court (Scotland) Act 2001;
 “ICC crime” has the same meaning as in section 28(1) of the Act; anda reference to a specified section is a reference to the section bearing that number in the Act, and any reference to a specified paragraph in a specified schedule is a reference to the paragraph bearing that number in the schedule of that number to the Act.
(2) This Part applies to applications to the sheriff under Parts 1 and 2 of schedule 5 to the Act.
3.20.2 

(1) An order under Part 1 of schedule 5 to the Act may be made by the sheriff on a summary application by a person authorised for the purpose under section 19 of the Act.
(2) Any such application may be made on an ex parte application to a sheriff in chambers.
(3) Any such application must set out reasonable grounds for suspecting–
(a) that a specified person has benefited from an ICC crime; and
(b) that the material to which the application relates is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made.
(4) Any application for variation or discharge of an order under Part 1 of schedule 5 to the Act shall be made by minute.
3.20.3 

(1) On a summary application by a person authorised under section 19 of the Act to the sheriff sitting as a court of civil jurisdiction, the sheriff may issue a warrant under Part 2 of the Act.
(2) Any such application must set out grounds sufficient to satisfy the sheriff–
(a) that a production or access order made in relation to material on the premises has not been complied with;
(b) that–
(i) there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime;
(ii) there are grounds for making a production and access order in relation to material on the premises; and
(ii) it would not be appropriate to make a production and access order in relation to the material for any of the reasons specified in paragraph 10(4) of schedule 5 to the Act; or
(c) that–
(i) there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime;
(ii) there are reasonable grounds for suspecting that there is material on the premises which cannot be particularised at the time of the application, but which–(aa) relates to the specified person, or to the question of whether that person has benefited from an ICC crime, or to any question as to the extent or whereabouts of the proceeds of an ICC crime; and(bb) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made; and
(iii) any of the circumstances specified in paragraph 10(6) of schedule 5 to the Act applies.
PART XXI
3.21.1 
In this Part–
 “the Act” means the Immigration and Asylum Act 1999; and
 “an appeal” means an appeal to the sheriff under section 35A(1) or section 40B(1) of the Act.
3.21.2 

(1) A person making an appeal against a decision by the Secretary of State to impose a penalty under section 32 or a charge under section 40 of the Act must, subject to paragraph (2), bring an appeal within 21 days after receiving the penalty notice or charge notice.
(2) Where the appellant has given notice of objection to the Secretary of State under section 35(4) or section 40A(3) of the Act within the time prescribed for doing so, he must bring an appeal within 21 days after receiving notice of the Secretary of State’s decision under section 35(7) or section 40A(6) respectively of the Act in response to the notice of objection.
PART XXII
3.22.1 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.22.2 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.22.3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART XXIII
3.23.1 
This Part applies to appeals to the sheriff principal under sections 22 (appeals from commission) or 26 (appeals by water industry commissioner) of the Ethical Standards in Public Life etc. (Scotland) Act 2000.
3.23.2 

(1) An appeal under this Part shall be made by summary application.
(2) A summary application made under paragraph (1) shall include grounds of appeal stating–
(a) which of the findings of, or sanction or suspension imposed by, the Standards Commission for Scotland is being appealed;
(b) reasons why the appeal should be allowed; and
(c) the date of the sending of that finding, or imposition of that sanction or suspension,
and shall be accompanied by a copy of that finding, sanction or suspension.
3.23.3 

(1) A warrant for citation in an appeal under this Part shall be in Form 2A, or a form as near thereto as circumstances permit, and shall state–
(a) the date by which answers should be lodged; and
(b) the date and time when the appeal will call.
(2) Citation in respect of a warrant granted under paragraph (1) shall be in Form 3A, or a form as near thereto as circumstances permit.
(3) Where a party on whom service has been made lodges answers under paragraph (1)(a) that party shall, at the same time, send a copy to the appellant.
PART XXIV
3.24.1 
In this Part–
 “the Act” means the Adults with Incapacity (Scotland) Act 2000;
 “the Convention” means the Hague Convention of 13th January 2000 on the International Protection of Adults;
 “international measure” means any measure taken under the law of a country other than Scotland for the personal welfare, or the protection of property, of an adult with incapacity, where–
(a) jurisdiction in the other country was based on the adult’s habitual residence there; or
(b) the other country and the United Kingdom were when that measure was taken parties to the Convention, and jurisdiction in that other country was based on a ground of jurisdiction in the Convention; and
 “Public Guardian” shall be construed in accordance with section 6 (the public guardian and his functions) of the Act.
3.24.2 

(1) An application to register an international measure under paragraph 8(1) of schedule 3 to the Act shall be by summary application made under this Part.
(2) The original document making the international measure, or a copy of that document duly certified as such by an officer of the issuing or a requesting body, shall be lodged with an application under paragraph (1), together with (as necessary) an English translation of that document and that certificate.
(3) Any translation under paragraph (2) must be certified as a correct translation by the person making it, and the certificate must contain the full name, address and qualifications of the translator.
3.24.3 

(1) The sheriff shall order intimation of an application to register an international measure–
(a) except where the sheriff is satisfied that the person to whom the international measure relates had an opportunity to be heard in the country where that measure was taken, to that person;
(b) which if registered would have the effect of placing the adult to whom the international measure relates in an establishment in Scotland, to the–
(i) Scottish Central Authority; and
(ii) Mental Welfare Commission;
(c) to the Public Guardian; and
(d) to any other person whom the sheriff considers appropriate.
(2) In this rule–
(a) “Scottish Central Authority” means an authority–
(i) designated under Article 28 of the Convention for the purposes of acting as such; or
(ii) appointed by the Scottish Ministers for the purposes of carrying out the functions to be carried out under schedule 3 of the Act by the Scottish Central Authority, where no authority is designated for the purposes of sub paragraph (i); and
(b) “Mental Welfare Commission” means the Mental Welfare Commission for Scotland continued in being by  section 4 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
3.24.4 
The sheriff clerk shall within 7 days after the date of an order registering an international measure, provide the Public Guardian with–
(a) a copy of that order; and
(b) a copy of the international measure, and of any translation.
3.24.5 

(1) There shall be a register of international measures (“the register”) registered by order under this Part.
(2) The register shall include–
(a) the nature of the international measure;
(b) the date of the international measure;
(c) the date of the order under this Part granting recognition of the international measure;
(d) the name and address of–
(i) the person who applied for recognition of the international measure under this Part;
(ii) the person in respect of whom the international measure was taken; and
(iii) if applicable, the person on whom any power is conferred by the international measure; and
(e) a copy of the international measure, and of any translation.
(3) The Public Guardian shall maintain the register, and make it available during normal office hours for inspection by members of the public.
(4) The Public Guardian shall if requested by any person certify that an international measure registered under this Part has been entered in the register.
PART XXV
3.25.1 
In this Part–
 “the Act” means the Sexual Offences Act 2003 ;
  “main application” has the same meaning as in section 109(1) of the Act.
3.25.2 
If the person in respect of whom a notification order is sought wishes to serve on the applicant a notice under section 99(3) of the Act, that person must do so no later than 3 working days before the hearing date for the application for the relevant notification order.
3.25.3 
If the person in respect of whom a sexual offences prevention order is sought wishes to serve on the applicant a notice under section 106(11) of the Act, that person must do so no later than 3 working days before the hearing date for the application for the relevant sexual offences prevention order.
3.25.4 
If the person in respect of whom a foreign travel order is sought wishes to serve on the applicant a notice under section 116(6) of the Act, that person must do so no later than 3 working days before the hearing date for the application for the relevant foreign travel order.
3.25.5 

(1) Where an application under section 108(1) of the Act for an order varying, renewing or discharging a sexual offences prevention order is made in a sheriff court other than the sheriff court in which the process relating to the sexual offences prevention order is held—
(a) the initial writ containing the application shall contain averments as to the sheriff court in which the process relating to the sexual offences prevention order is held;
(b) the sheriff clerk with whom the application is lodged shall notify the sheriff clerk of the sheriff court in which the process relating to the sexual offences prevention order is held; and
(c) the sheriff clerk of the sheriff court in which the process relating to the sexual offences prevention order is held shall, not later than 4 days after receipt of such notification, transfer the process relating to the sexual offences prevention order to the sheriff clerk of the sheriff court in which the application is made.
(2) For the purposes of paragraph (1), the sheriff court in which the process relating to the order is held is the sheriff court in which the sexual offences prevention order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.
(3) A failure of the sheriff clerk to comply with paragraph (1) shall not invalidate the application.
3.25.6 

(1) Subject to paragraph (2), an application under section 118 of the Act for an order varying, renewing or discharging a foreign travel order shall be made by minute in the process relating to the foreign travel order.
(2) Where an application under section 118(1) of the Act for an order varying, renewing or discharging a foreign travel order is made in a sheriff court other than the sheriff court in which the process relating to the foreign travel order is held—
(a) the application shall be made by summary application;
(b) the initial writ containing the application shall contain averments as to the sheriff court in which the process relating to the foreign travel order is held;
(c) the sheriff clerk with whom the application is lodged shall notify the sheriff clerk of the sheriff court in which the process relating to the foreign travel order is held; and
(d) the sheriff clerk of the sheriff court in which the process relating to the foreign travel order is held shall, not later than 4 days after receipt of such notification, transfer the process relating to the foreign travel order to the sheriff clerk of the sheriff court in which the application is made.
(3) For the purposes of paragraph (2), the sheriff court in which the process relating to the foreign travel order is held is the sheriff court in which the foreign travel order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.
(4) A minute under paragraph (1) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.
(5) A failure of the sheriff clerk to comply with paragraph (2) shall not invalidate the application.
3.25.7 

(1) Subject to paragraph (2), an application under section 109(2) of the Act for an interim sexual offences prevention order shall—
(a) be made by crave in the initial writ containing the main application; and
(b) once craved, be moved by motion to that effect.
(2) Where an application under section 109(2) of the Act for an interim sexual offences prevention order is made in a sheriff court other than the sheriff court in which the main application was lodged, the application for an interim sexual offences prevention order shall be made by summary application.
(3) The initial writ in a summary application under paragraph (2) shall contain averments as to the sheriff court in which the main application was lodged.
(4) On receipt of a summary application under paragraph (2), the sheriff clerk shall notify the sheriff clerk of the sheriff court in which the main application was lodged.
(5) There shall be produced with a summary application under paragraph (2) copies of the following documents, certified as correct by the applicant’s solicitor or the sheriff clerk:–
(a) the initial writ containing the main application;
(b) any answers to the main application; and
(c) any interlocutors pronounced in the main application.
(6) The sheriff clerk shall send a certified copy of any interlocutor disposing of a summary application under paragraph (2) to the sheriff clerk of the sheriff court in which the main application was lodged.
(7) A failure of the sheriff clerk to comply with paragraph (4) or (6) shall not invalidate the main application or the summary application under paragraph (2).
(8) Paragraphs (3) to (7) shall apply to an application for the variation, renewal or discharge of an interim sexual offences prevention order subject to the following modifications:–
(a) for references to a summary application under paragraph (2) there shall be substituted references to a summary application for the variation, renewal or discharge of an interim sexual offences prevention order;
(b) references to the main application shall include references to any application for an interim sexual offences prevention order and any previous application for the variation, renewal or discharge of such an order; and
(c) references to any interlocutors pronounced in the main application shall include any interlocutors pronounced in an application for an interim sexual offences prevention order or previous application for the variation, renewal or discharge of an interim sexual offences prevention order.
PART XXVI
3.26.1 
In this Part–
 “the Act” means the Protection of Children (Scotland) Act 2003; and
 “the list” means the list of individuals considered unsuitable to work with children kept by the Scottish Ministers under section 1(1) of the Act, and cognate expressions shall be construed accordingly.
3.26.2 
An application under section 7(6) or 14(1) or an appeal under section 15(1) of the Act shall be made by summary application.
3.26.3 
The sheriff may consider and dispose of an application by the Scottish Ministers under section 7(6) of the Act without intimation to, or representation by, any other person.
3.26.4 

(1) A listed individual shall combine in a single application–
(a) a request for leave to make an application under section 14(1) of the Act;
(b) the grounds on which that individual considers that the sheriff should grant leave; and
(c) the grounds on which that individual considers that the sheriff should grant such an application.
(2) An application under paragraph (1) shall be intimated to the Scottish Ministers.
(3) The sheriff shall consider and dispose of at a preliminary hearing that part of an application relating to the request for leave under paragraph (1)(a).
3.26.5 
An appeal under section 15(1) of the Act against inclusion in the list in terms of section 5 or 6 of the Act shall be intimated to the Scottish Ministers.
3.26.6 
An appeal under section 15(4) of the Act to the sheriff principal or an appeal under section 15(6)(a) of the Act to the Inner House of the Court of Session shall be intimated to the Scottish Ministers.
PART XXVII
3.27.1 

(1) In this Part–
 “the Act” means the Antisocial Behaviour etc. (Scotland) Act 2004;
 “ASBO” means an antisocial behaviour order under section 4(1) of the Act;
 “interim ASBO” means an interim ASBO under section 7(2) of the Act;
 “parenting order” means a parenting order under section 13 or 102 of the Act; and
 “the Principal Reporter” means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994.
(2) Any reference to a section shall, unless the context otherwise requires, be a reference to a section of the Act.
3.27.2 

(1) An application under section 5 (variation and revocation of antisocial behaviour orders) shall be made by minute in the original process of the application for the ASBO in relation to which the variation or revocation is sought.
(2) Where the person subject to the ASBO is a child, a written statement containing the views of the Principal Reporter on the application referred to in rule 3.27.2(1) shall, where practicable, be lodged with that application.
3.27.3 

(1) An application for an interim ASBO shall be made by crave in the initial writ in which an ASBO is sought.
(2) An application for an interim ASBO once craved shall be moved by motion to that effect.
(3) The sheriff shall not consider an application for an interim ASBO until after the initial writ has been intimated to the person in respect of whom that application is made and, where that person is a child, a written statement containing the views of the Principal Reporter on that application has been lodged.
3.27.4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.27.5 

(1) Where a sheriff is considering making a parenting order under section 13 (sheriff’s power to make parenting order), the sheriff shall order the applicant for the ASBO to–
(a) intimate to any parent in respect of whom the parenting order is being considered–
(i) that the court is considering making a parenting order in respect of that parent;
(ii) that if that parent wishes to oppose the making of such a parenting order, he or she may attend or be represented at the hearing at which the sheriff considers the making of the parenting order;
(iii) the place, date and time of the hearing set out in sub-paragraph (a)(ii) above; and
(iv) that if that parent fails to appear and is not represented at the hearing, a parenting order may be made in respect of the parent; and
(b) serve on any parent in respect of whom the parenting order is being considered a copy of the initial writ in which the ASBO is sought.
(2) Any parent in respect of whom a parenting order under section 13 is being considered may be sisted as a party to the action on their own motion, on the motion of either party or by the sheriff of his own motion.
3.27.6 

(1) A closure notice served under section 27 (service etc.) shall be in the form of Form 25 and shall (in addition to the requirements set out in section 27(5))–
(a) state that it has been authorised by a senior police officer;
(b) specify the date, time and place of the hearing of the application for a closure order under section 28; and
(c) state that any person living on or having control of, responsibility for or an interest in the premises to which the closure notice relates who wishes to oppose the application should attend or be represented.
(2) Certification of service of a copy of the closure notice to all persons identified in accordance with section 27(2)(b) shall be in the form of Form 26.
3.27.7 
An application to the sheriff for a closure order under section 28 shall be in the form of Form 27.
3.27.8 
An application to the sheriff for an extension of a closure order under section 32 shall be by minute in the form of Form 28 lodged in the original process of the application for the closure order in relation to which the extension is sought and shall be lodged not less than 21 days before the closure order to which it relates is due to expire.
3.27.9 
An application to the sheriff for revocation of a closure order under section 33 shall be by minute in the form of Form 29 lodged in the original process of the application for the closure order in relation to which the revocation is sought.
3.27.10 
An application to the sheriff for an order for access to premises under section 34 shall be by minute in the form of Form 30 lodged in the original process of the application for the closure order in relation to which the access order is sought.
3.27.11 
An application under section 35 (Reimbursement of expenditure), 63 (Appeal against graffiti removal notice) or 64 (Appeal against notice under section 61(4)) shall be by summary application.
3.27.12 
An application under section 71 (Failure to comply with notice: order as to rental income), 74 (Failure to comply with notice: management control order) or 97 (Appeals against notice under section 94) shall be by summary application.
3.27.13 
An application under section 73(2) for the revocation or suspension of an order relating to rental income shall be by minute lodged in the original process of the application for the order relating to rental income in relation to which the order for revocation or suspension is sought.
3.27.14 
An application under section 76(1) for the revocation of a management control order shall be by minute lodged in the original process of the application for the management control order in relation to which the order for revocation is sought.
3.27.15 

(1) An application under section 105(1) for revocation or variation of a parenting order shall be by minute lodged in the original process of the application for the parenting order in relation to which the order for revocation or variation is sought.
(2) Where the court that made a parenting order makes an order under section 105(5) that court shall within 4 days transmit the original process relating to the parenting order to the court specified in that order.
3.27.16 
Where the sheriff is considering making a parenting order, or a revocation or variation of a parenting order, and it is practicable, having regard to the age and maturity of the child to–
(a) give the child an opportunity to indicate whether the child wishes to express views; and
(b) if the child so wishes, give the child an opportunity to express those views,the sheriff shall order intimation in the form of Form 31 to the child in respect of whom the order was or is proposed to be made.
3.27.17 
Where the sheriff is considering making a parenting order or revoking or varying a parenting order and does not already have sufficient information about the child, the sheriff shall order intimation in the form of Form 32 to the local authority for the area in which the child resides.
3.27.18 
An application under section 71A(2) of the Children (Scotland) Act 1995 by the Principal Reporter shall be by summary application to the sheriff principal of the Sheriffdom in which the principal office of the local authority is situated.
PART XXVIII
3.28.1 
In this Part–
 “the Act” means the Land Reform (Scotland) Act 2003.
3.28.2 
Where an owner of land appeals by summary application under section 14(4) of the Act against a notice served on him under section 14(2) of the Act, the owner must at the same time as, or as closely in time as practicable to, the lodging of the application, advertise by publication of an advertisement in a newspaper circulating in the area of the land details of the application including details of the notice appealed against.
3.28.3 
Persons interested in the exercise of access rights over the land to which a summary application under section 14(2) of the Act relates, and persons or bodies representative of such persons, may be parties to the summary application proceedings, but the court may order that any one or more of the persons or bodies who have the same interests and no others, may take an active part in the proceedings.
3.28.4 
The provisions in rules 3.28.2 and 3.28.3 above apply with necessary modifications to a summary application appealing against a notice served under section 15(2) of the Act.
3.28.5 

(1) The provisions in rules 3.28.2 and 3.28.3 above apply with necessary modifications to a summary application for a declaration under section 28(1) or (2) of the Act.
(2) A summary application under section 28(1) or (2) of the Act may be made at any time.
PART XXIX
3.29.1 
In this Part—
 “the Act” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;
 “main application” has the same meaning as in section 5 of the Act,and words and expressions used in this Part and in the Act shall have the meanings given in the Act.
3.29.2 

(1) Subject to paragraph (2), an application under section 4(1) of the Act for an order varying, renewing or discharging a risk of sexual harm order shall be made by minute in the process relating to the risk of sexual harm order.
(2) Where an application under section 4(1) of the Act for an order varying, renewing or discharging a risk of sexual harm order is made in a sheriff court other than the sheriff court in which the process relating to the risk of sexual harm order is held—
(a) the application shall be made by summary application;
(b) the initial writ containing the application shall contain averments as to the sheriff court in which the process relating to the risk of sexual harm order is held;
(c) the sheriff clerk with whom the application is lodged shall notify the sheriff clerk of the sheriff court in which the process relating to the risk of sexual harm order is held; and
(d) the sheriff clerk of the sheriff court in which the process relating to the risk of sexual harm order is held shall, not later than 4 days after receipt of such notification, transfer the process relating to the risk of sexual harm order to the sheriff clerk of the sheriff court in which the application is made.
(3) For the purposes of paragraph (2), the sheriff court in which the process relating to the risk of sexual harm order is held is the sheriff court in which the risk of sexual harm order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.
(4) A minute under paragraph (1) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.
(5) A failure of the sheriff clerk to comply with paragraph (2) shall not invalidate the application.
3.29.3 

(1) Subject to paragraph (2), an application under section 5(2) of the Act for an interim risk of sexual harm order shall—
(a) be made by crave in the initial writ containing the main application; and
(b) once craved, be moved by motion to that effect.
(2) Where an application under section 5(2) of the Act for an interim risk of sexual harm order is made in a sheriff court other than the sheriff court in which the main application was lodged, the application for an interim risk of sexual harm order shall be made by summary application.
(3) The initial writ in a summary application under paragraph (2) shall contain averments as to the sheriff court in which the main application was lodged.
(4) On receipt of a summary application under paragraph (2), the sheriff clerk shall notify the sheriff clerk of the sheriff court in which the main application was lodged.
(5) There shall be produced with a summary application under paragraph (2) copies of the following documents, certified as correct by the applicant’s solicitor or the sheriff clerk:–
(a) the initial writ containing the main application;
(b) any answers to the main application; and
(c) any interlocutors pronounced in the main application.
(6) The sheriff clerk shall send a certified copy of any interlocutor disposing of a summary application under paragraph (2) to the sheriff clerk of the sheriff court in which the main application was lodged.
(7) Rule 3.29.2 (variation, renewal or discharge of RSHOs) shall apply to an application for an order under section 5(6) of the Act for variation, renewal or discharge of an interim risk of sexual harm order subject to the following modifications:–
(a) for references to section 4(1) of the Act there shall be substituted references to section 5(6) of the Act; and
(b) for references to a risk of sexual harm order there shall be substituted references to an interim risk of sexual harm order.
(8) A failure of the sheriff clerk to comply with paragraph (4) or (6) shall not invalidate the main application or the summary application under paragraph (2).
3.29.4 

(1) This rule applies to—
(a) a risk of sexual harm order;
(b) an interim risk of sexual harm order; and
(c) an order varying or renewing an order mentioned in sub-paragraph (a) or (b).
(2) The sheriff clerk shall serve a copy of the order on the person against whom it has effect.
(3) For the purposes of paragraph (2), the copy of the order is served–
(a) where the person against whom the order has effect is present in court when the order is made–
(i) by giving it to the person and obtaining a receipt therefor;
(ii) by sending it to the person by recorded delivery or registered post; or
(iii) by causing it to be served by sheriff officer; or
(b) where the person against whom the order has effect is not present in court when the order is made–
(i) by sending it to the person by recorded delivery or registered post; or
(ii) by causing it to be served by sheriff officer.
(4) A failure by the sheriff clerk to comply with this rule shall not invalidate the order.
PART XXX
3.30.1 
In this Part “the Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003.
3.30.2 

(1) An application under section 293 of the Act (removal order to place of safety) shall be lodged with the sheriff clerk who shall fix a date for hearing the application.
(2) An order fixing a hearing shall be intimated in such manner and within such timescales as may be prescribed by the sheriff.
3.30.3 

(1) An application under section 295 of the Act (recall or variation of removal order) shall be lodged with the sheriff clerk who shall fix a date for hearing the application.
(2) An order fixing a hearing shall be intimated by the sheriff clerk in such manner and within such timescales as may be prescribed by the sheriff.
3.30.4 

(1) Where the sheriff principal to whom an appeal is made remits the appeal to the Court of Session under section 320 of the Act (appeals), the sheriff clerk shall, within four days after the sheriff principal has pronounced the interlocutor remitting the appeal to the Court of Session, transmit the process to the Deputy Principal Clerk of Session.
(2) On transmitting the process under paragraph (1), the sheriff clerk shall–
(a) send written notice of the remit and transmission of the process to each party; and
(b) certify on the interlocutor sheet that he has done so.
PART XXXI
3.31.1 
In this Part–
 “the Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006;
 “football banning order” means an order made under section 52(4) of the Act.
3.31.2 

(1) An application under–
(a) section 57(1) of the Act for variation of a football banning order; or
(b) section 58(1) of the Act for termination of a football banning order,
shall be made by minute in the process relating to the football banning order.
(2) A minute under paragraph (1) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.
PART XXXII
3.32.1 
In this Part–
 “the 1981 Act” means the Animal Health Act 1981; and
 “the 2006 Act” means the Animal Health and Welfare (Scotland) Act 2006.
3.32.2 

(1) An application for an interim order under–
(a) section 28G(10) of the 1981 Act; or
(b) section 41(9) of the 2006 Act, or
(c) section 48(9) of the Animal Welfare Act 2006,
shall be made by crave in the initial writ in which a seizure order is sought.
(2) An application for an interim order once craved shall be moved by motion to that effect.
3.32.3 
An application for an interim order under–
(a) section 28H(2) of the 1981 Act; or
(b) section 43(5) of the 2006 Act, or
(c) section 49(5) of the Animal Welfare Act 2006,where a seizure order is suspended or inexecutable shall be made by motion.
PART XXXIII
3.33.1 

(1) In this Part—
 “the Commission” means the Commission for Equality and Human Rights; and
 “the 2010 Act” means the Equality Act 2010.
(2) This Part applies to claims made by virtue of section 114(1) of the 2010 Act not including a claim for damages.
3.33.2 

(1) The applicant shall, except where the applicant is the relevant Commission, send a copy of the initial writ to the relevant Commission by registered or recorded delivery post.
(2) The relevant Commission is–
(a) for proceedings under the Sex Discrimination Act 1975, the Equal Opportunities Commission;
(b) for proceedings under the Race Relations Act 1976, the Commission for Racial Equality;
(c) for proceedings under the Disability Discrimination Act 1995, the Disability Rights Commission;
(d) for proceedings under the Equality Act 2006 and the Equality Act (Sexual Orientation) Regulations 2007, the Commission for Equality and Human Rights.
3.33.3 

(1) The sheriff may, of his own motion or on the motion of any party, appoint an assessor.
(2) The assessor shall be a person who the sheriff considers has special qualifications to be of assistance in determining the cause.
3.33.4 

(1) The expenses incurred by the Commission within the meaning and for the purposes of the sections referred to in paragraph (2) shall be taxed by the auditor of the sheriff court in which such proceedings under the relevant Act were taken or would have been taken but for any compromise or settlement, as if they were outlays incurred by a solicitor on behalf of a client.
(2) The sections are as follows:–
(a) section 75(3) (assistance by Commission) of the Sex Discrimination Act 1975;
(b) section 66(5) (assistance by Commission) of the Race Relations Act 1976.
3.33.5 

(1) Where, on a motion under paragraph (3) or of the sheriff’s own motion, the sheriff considers it expedient in the interests of national security, the sheriff may—
(a) exclude from all or part of the proceedings—
(i) the pursuer;
(ii) the pursuer’s representatives;
(iii) any assessors;
(b) permit a pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings or the part of the proceedings, from which he or she is excluded;
(c) take steps to keep secret all or part of the reasons for his or her decision in the proceedings.
(2) The sheriff clerk shall, on the making of an order under paragraph (1) excluding the pursuer or the pursuer’s representatives, notify the Advocate General for Scotland of that order.
(3) A party may apply by motion for an order under paragraph (1).
(4) The steps referred to in paragraph (1)(c) may include the following—
(a) directions to the sheriff clerk; and
(b) orders requiring any person appointed to represent the interests of the pursuer in proceedings from which the pursuer or the pursuer’s representatives are excluded not to communicate (directly or indirectly) with any persons (including the excluded pursuer)—
(i) on any matter discussed or referred to;
(ii) with regard to any material disclosed,
during or with reference to any part of the proceedings from which the pursuer or the pursuer’s representatives are excluded.
(5) Where the sheriff has made an order under paragraph (4)(b), the person appointed to represent the interests of the pursuer may apply by motion for authority to seek instructions from or otherwise communicate with an excluded person.
3.33.6. 

(1) On transferring proceedings to an employment tribunal under section 140(2) of the 2010 Act, the sheriff —
(a) shall state his or her reasons for doing so in the interlocutor; and
(b) may make the order on such conditions as to expenses or otherwise as he or she thinks fit.
(2) The sheriff clerk must, within 7 days from the date of such order—
(a) transmit the relevant process to the Secretary of the Employment Tribunals (Scotland);
(b) notify each party to the proceedings in writing of the transmission under subparagraph (a); and
(c) certify, by making an appropriate entry on the interlocutor sheet, that he or she has made all notifications required under subparagraph (b).
(3) Transmission of the process under paragraph (2)(a) will be valid notwithstanding any failure by the sheriff clerk to comply with paragraph (2)(b) and (c).
3.33.7. 

(1) On receipt of the documentation in proceedings which have been remitted from an employment tribunal under section 140(3) of the 2010 Act, the sheriff clerk must—
(a) record the date of receipt on the first page of the documentation;
(b) fix a hearing to determine further procedure not less than 14 days after the date of receipt of the process; and
(c) forthwith send written notice of the date of the hearing fixed under subparagraph (b) to each party.
(2) At the hearing fixed under paragraph (1)(b) the sheriff may make such order as he or she thinks fit to secure so far as practicable that the cause thereafter proceeds in accordance with these Rules.
PART XXXIV
3.34. 

(1) An appeal under section 131 of the Licensing (Scotland) Act 2005 is to be made by summary application.
(2) An application under paragraph (1) must be lodged with the sheriff clerk of the sheriff court district in which the principal office of the Licensing Board is situated not later than 21 days after the relevant date.
(3) In paragraph (2) “relevant date” means—
(a) the date of the decision of the Licensing Board; or
(b) where a statement of reasons has been required under section 51(2) of the 2005 Act, the date of issue of the statement of reasons.
3.34.1 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.34.2 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.34.3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.34.4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.34.5 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.34.6 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.34.7 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.34.8 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART XXXV
3.35.1 
In this Part–
 “the Act” means the Adult Support and Protection (Scotland) Act 2007;
 “the adult at risk” has the same meaning as in section 3 of the Act.
3.35.2 

(1) An application under section 17 of the Act (variation or recall of removal order) for variation or recall of a removal order shall be made by minute in the process relating to the removal order.
(2) A minute under paragraph (1) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.
3.35.3 

(1) Where in an application under subsection (1) of section 19 of the Act (banning orders) an order is sought under subsection (2)(a) or (b) of that section there shall, where appropriate and unless the sheriff otherwise directs, be lodged a plan which clearly identifies the area specified in the application.
(2) An application under section 21 of the Act (temporary banning orders) shall–
(a) be made by crave in the application for the banning order concerned; and
(b) once craved, be moved by motion to that effect.
(3) Where a temporary banning order is granted, the related application for a banning order shall be determined within 6 months of the date of the lodging of that application.
(4) An application under section 24(1)(a) of the Act (variation or recall of banning order) shall be made by minute in the process relating to the banning order.
(5) An application under section 24(1)(b) of the Act (variation or recall of temporary banning order) shall be moved by motion to that effect in the process relating to the application for the banning order concerned.
(6) A minute under paragraph (4) shall be made in accordance with and regulated by Chapter 14 of the Ordinary Cause Rules.
3.35.4 

(1) The following documents shall be served under section 25(2) of the Act (powers of arrest) along with a power of arrest:–
(a) a copy of the application for the order;
(b) a copy of the interlocutor granting the order and the power of arrest; and
(c) where the application to attach the power of arrest was made after the order was granted, a copy of the certificate of service of the order.
(2) The following documents shall be delivered to the chief constable in accordance with section 27(1) of the Act (notification to police):–
(a) a copy of the application for the order;
(b) a copy of the interlocutor granting the order;
(c) a copy of the certificate of service of the order; and
(d) where the application to attach the power of arrest was made after the order was granted–
(i) where applicable, 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 25(2).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.35.5 
Where section 26(1)(b) of the Act (notification to the adult at risk etc. on the variation or recall of a banning order or temporary banning order) applies, the person prescribed for the purposes of section 26(2) is the sheriff clerk.
3.35.6 
Where a person is in any circumstances required to comply with section 26(2), 27(1) or 27(2) of the Act he shall, after such compliance, lodge in process a certificate of delivery in Form 34.
3.35.7 

(1) An application for a warrant for entry under section 38(2) of the Act (criteria for granting warrants of entry under section 7) shall be in Form 35.
(2) The application may be granted without a hearing.
3.35.8 

(1) An appeal under section 51(2) of the Act (appeals) against an interlocutor of the sheriff granting, or refusing to grant, a banning order shall be lodged within 14 days after the date of the interlocutor concerned.
(2) An application for leave to appeal against an interlocutor of the sheriff granting, or refusing to grant, a temporary banning order under section 51(2) of the Act shall be made within 7 days after the date of the interlocutor concerned.
(3) An appeal against an interlocutor referred to in paragraph (2) shall be lodged within 7 days after the date of the interlocutor granting leave to appeal.
3.35.9 
The sheriff may, where he considers it appropriate in all the circumstances, appoint that the hearing of an application or other proceedings under this Part shall take place in private.
Part XXXVI
3.36.1 
In this Part–
 “the Act” means the UK Borders Act 2007; and
 “an appeal” means an appeal to the sheriff under section 11(1) of the Act.
3.36.2 

(1) Subject to paragraph (2), an appeal must be lodged with the sheriff clerk not later than 21 days after the date the penalty notice was received by the appellant.
(2) Where the appellant has given notice of objection under section 10(1) of the Act, an appeal must be lodged with the sheriff clerk not later than 21 days after the date that notice of the Secretary of State’s decision under section 10(4) of the Act was received by the appellant.
PART XXXVII
3.37.1 

(1) An application to the sheriff for a declaration under section 19A(4) of the Employment Tribunals Act 1996 shall be made not later than 42 days from the date of issue of the certificate stating that a compromise has been reached.
(2) An application to the sheriff for a declaration under section 19A(4) of that Act is pending for the purposes of subsection (7) of that section from the date on which it is lodged with the sheriff clerk until the date upon which final judgment on the application has been extracted.
PART XXXVIII
3.38. 

(1) Where an application under paragraph 9 of Schedule 5 to the Counter-Terrorism Act 2008 for an order varying, renewing or discharging a foreign travel restriction order is made in a sheriff court other than the sheriff court in which the process relating to the foreign travel restriction order is held—
(a) the initial writ containing the application shall contain averments as to the sheriff court in which the process relating to the foreign travel restriction order is held;
(b) the sheriff clerk with whom the application is lodged shall notify the sheriff clerk of the sheriff court in which the process relating to the foreign travel restriction order is held; and
(c) the sheriff clerk of the sheriff court in which the process relating to the foreign travel restriction order is held shall, not later than 4 days after receipt of such notification, transfer the process relating to the foreign travel restriction order to the sheriff clerk of the sheriff court in which the application is made.
(2) For the purposes of paragraph (1), the sheriff court in which the process relating to the order is held is the sheriff court in which the foreign travel restriction order was granted or, where the process has been transferred under that paragraph, the last sheriff court to which the process has been transferred.
(3) A failure of the sheriff clerk to comply with paragraph (1) shall not invalidate the application.
PART XXXIX
3.39.1. 
In this Part—
 “the Act” means the Public Health etc. (Scotland) Act 2008;
 “an investigator” means a person appointed under section 21 of the Act;
 “health board competent person” has the same meaning as in section 124 of the Act,and words and expressions used in this Part and in the Act shall have the same meaning given in the Act.
3.39.2. 

(1) An application made by an investigator for a warrant under section 27(2) of the Act (public health investigation warrants) shall be in Form 36.
(2) Where such a warrant is granted by the sheriff it shall be in Form 37.
3.39.3. 

(1) An application made by a health board for an order under section 34(1) of the Act (order for medical examination) shall be in Form 38.
(2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.
(3) Where an order for a medical examination is granted by the sheriff it shall be in Form 39.
(4) Subject to the requirements of section 34(6)(b)(i) and (ii) of the Act, where an order for a medical examination is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.
(5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.
3.39.4. 

(1) An application made by a health board for a quarantine order under section 40(1) of the Act (quarantine orders) shall be in Form 40.
(2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.
(3) Where a quarantine order is granted by the sheriff it shall be in Form 41.
(4) Subject to the requirements of section 40(6)(b)(i) and (ii) of the Act, where a quarantine order is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.
(5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.
3.39.5. 

(1) An application made by a health board for a short term detention order under section 42(1) of the Act (order for removal to and detention in hospital) shall be in Form 42.
(2) An application made by a health board for a short term detention order under section 43(1) of the Act (order for detention in hospital) shall be in Form 44.
(3) On receipt of an application mentioned in paragraph (1) or (2), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.
(4) Where a short term detention order is granted by the sheriff under section 42(1) of the Act it shall be in Form 43.
(5) Where a short term detention order is granted by the sheriff under section 43(1) of the Act it shall be in Form 45.
(6) Subject to the requirements of sections 42(4)(b)(i) and (ii) and 43(4)(b)(i) and (ii) of the Act, where a short term detention order is granted under section 42(1) or 43(1) of the Act, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.
(7) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (3) and (6) may include intimation or notification by telephone, email or facsimile transmission.
3.39.6. 

(1) An application made by a health board for an exceptional detention order under section 45(1) of the Act (exceptional detention order) shall be in Form 46.
(2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.
(3) Where an exceptional detention order is granted by the sheriff it shall be in Form 47.
(4) Subject to the requirements of section 45(4)(b)(i) and (ii) of the Act, where an exceptional detention order is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.
(5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.
3.39.7. 

(1) An application made by a health board for an extension to a quarantine order, a short term detention order or an exceptional detention order under section 49(5) of the Act (extension of quarantine and hospital detention orders) shall be in Form 48.
(2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.
(3) Where an order extending a quarantine order, a short term detention order or an exceptional detention order is granted by the sheriff it shall be in Form 49.
(4) Subject to the requirements of section 49(10)(b)(i) and (ii) of the Act, where an order mentioned in paragraph (3) is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.
(5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.
3.39.8. 

(1) An application made by a health board for an order modifying a quarantine order, a short term detention order or an exceptional detention order under section 51(1) of the Act (variation of quarantine and hospital detention orders) shall be in Form 50.
(2) On receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.
(3) Where an order modifying a quarantine order, a short term detention order or an exceptional detention order is granted by the sheriff it shall be in Form 51.
(4) Subject to the requirements of section 51(5)(b)(i) and (ii) of the Act, where an order mentioned in paragraph (3) is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.
(5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.
3.39.9. 

(1) An application for recall of a quarantine order, a short term detention order or an exceptional detention order under section 59 of the Act (recall of orders granted in absence of persons to whom application relates) shall be in Form 52.
(2) Subject to section 59(6) of the Act, on receipt of an application mentioned in paragraph (1), the sheriff may order intimation of the application to such persons, within such a timescale and by such method as he sees fit.
(3) Where an order recalling a quarantine order, a short term detention order or an exceptional detention order is granted by the sheriff it shall be in Form 53.
(4) Where an order mentioned in paragraph (3) is granted, the sheriff may direct that the order be notified to such persons, within such a timescale and by such method as he sees fit.
(5) For the avoidance of doubt, the method of intimation or notification referred to in paragraphs (2) and (4) may include intimation or notification by telephone, email or facsimile transmission.
3.39.10. 

(1) This rule applies where an application is made under this Part and the person who it is proposed will be subject to the order is under 16.
(2) On receipt of an application mentioned in paragraph (1), the sheriff may, in particular, order intimation of the application to a person who has day-to-day care or control of the person mentioned in paragraph (1).
3.39.11. 
Where a sheriff, in the absence of the person to whom it applies, grants—
(a) a quarantine order under section 40(1) of the Act;
(b) a short term detention order under section 42(1) of the Act;
(c) an exceptional detention order under section 45 of the Act,and the order is intimated to the person to whom it applies, a copy of Form 52 shall be delivered to that person along with the order.
3.39.12. 

(1) An appeal to the sheriff under section 61 of the Act (appeal against exclusion orders and restriction orders) in respect of an exclusion order or a restriction order shall be marked by lodging a note of appeal in Form 54.
(2) On the lodging of a note of appeal, the sheriff clerk shall send a copy of the note of appeal to—
(a) the health board competent person who made the exclusion order or restriction order; and
(b) the person in relation to whom the order applies, where that person is not the appellant.
(3) The sheriff shall make such order as he thinks fit in order to dispose of the appeal.
3.39.13. 

(1) An application made by a local authority for a warrant under section 78(2) of the Act (warrant to enter and take steps) shall be in Form 55.
(2) Where such a warrant is granted by the sheriff it shall be in Form 56.
3.39.14. 

(1) An application made by a local authority for an order for the disposal of a body under section 93 of the Act (power of sheriff to order removal to mortuary and disposal) shall be in Form 57.
(2) Where such an order is granted by the sheriff it shall be in Form 58.
3.39.15. 
An application under sections 30(6), 56(5), 57(3), 58(4) or 82(3) of the Act for the appointment of a single arbiter to determine a dispute in relation to compensation may be made by written application in the form of a letter addressed to the sheriff clerk.
PART XL
3.40.1. 
In this Part (except where the context otherwise requires) references to terms defined in Part 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 have the same meaning here as given there.
3.40.2. 

(1) This rule applies where leave of the court is required to make an application for a forced marriage protection order.
(2) Leave shall be sought at the time of presenting the initial writ by letter addressed to the sheriff clerk.
(3) The letter shall include a statement of—
(a) the grounds on which leave is sought;
(b) whether or not the applicant has applied for legal aid.
(4) Where the applicant has applied for legal aid he or she must also present along with the initial writ written confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002, that notification of the application should be dispensed with or postponed.
(5) An application under paragraph (2) shall not be served or intimated unless the sheriff otherwise directs.
(6) The sheriff may hear the pursuer on the application and may grant or refuse it or make such other order in relation to it as the sheriff considers appropriate.
(7) Where leave is granted, a copy of the interlocutor allowing leave must be served upon the defender along with the warrant of citation.
3.40.3. 

(1) An application for variation, recall or extension of a forced marriage protection order must be made by minute in the process relating to the forced marriage protection order.
(2) Except where the sheriff otherwise directs, any such minute must be lodged in accordance with, and regulated by, Chapter 14 of the Ordinary Cause Rules.
(3) Paragraph (4) applies 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.
(4) Leave shall be sought at the time of presenting the minute by letter addressed to the sheriff clerk.
(5) The letter shall include a statement of—
(a) the grounds on which leave is sought;
(b) whether or not the applicant has applied for legal aid.
(6) Where the applicant has applied for legal aid he or she must also present along with the minute confirmation from the Scottish Legal Aid Board that it has determined, under regulation 7(2)(b) of the Civil Legal Aid (Scotland) Regulations 2002, that notification of the application should be dispensed with or postponed.
(7) An application under paragraph (4) shall not be served or intimated unless the sheriff otherwise directs.
(8) The sheriff may hear the applicant on the application and may grant or refuse it or make such other order in relation to it as the sheriff considers appropriate.
(9) Where leave is granted, a copy of the interlocutor allowing leave must be intimated along with the minute.
Part XLI 
3.41.1. 
In this  Part  “the 1981 Act” means the Contempt of Court Act 1981.
3.41.2. 

(1) Paragraph (2) applies where the sheriff makes an order under section 4(2) of the 1981 Act (order postponing publication of report of legal proceedings).
(2) The sheriff clerk 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 sheriff 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.
3.41.3. 

(1) A person aggrieved by the terms of an order made under section 4(2) of the 1981 Act may apply to the sheriff for its variation or revocation.
(2) An application shall be made by letter addressed to the sheriff clerk.
(3) On an application being made the sheriff shall—
(a) appoint the application for a hearing;
(b) order 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 receipt of the application by the sheriff clerk;
(b) so far as reasonably practicable, be before the sheriff who made the order.
(5) The decision of the sheriff is final.
Rodger of Earlsferry
Lord President, I.P.D
Edinburgh
19th March 1999
SCHEDULE 1
Rule 1.2(3)

FORM 1
Rule 2.4(1)
FORM 2
Rule 2.7(4)(a)
FORM 2A
Rule 3.18.3(1)
FORM 3
Rule 2.7(4)(a)
FORM 3A
Rule 3.18.3(2)
FORM 4
Rule 2.7(5)
FORM 5
FORM 5A
Rule 2.22(4)

FORM 6
Rule 2.7(7)
FORM 6A

            Rule 2.7(7A)(a)
           . . . . .  . . . . . . .  . . . . .  . . . 

FORM 6B

            Rule 2.7(7A)(b)
           . . . . .  . . . . . . .  . . . . .  . . . 

FORM 7
Rule 2.7(8)
FORM 8
Rule 2.9(1)
FORM 9
Rule 2.13(1)(a)
FORM 10
Rule 2.13(1)(b)
FORM 10A
Rule 2.18A
FORM 10B
Rule 2.18A
FORM 11
Rule 2.26
FORM  11A
Rule 3.1.6
FORM  11B
Rule 3.1.9(a)
FORM 11C
Rule 3.4.3(2)
FORM 11D
Rule 3.4.6
FORM 11E
Rule 3.4.6 and 3.4.7
FORM 11F
Rule 3.4.8(2)
FORM 11G
Rule 3.4.8(10)
FORM 12
Rule 3.8.3(1)
FORM 13
Rule 3.8.3(3)
FORM 14
Rule 3.8.4(1)(b) and 3.8.4(2)(a)
FORM 15
Rule 3.8.11
FORM 16
Rule 3.9.9(b)
FORM 17
Rule 3.11.14(1)
FORM 18
Rule 3.11.14(4)
FORM 19
Rule 3.11.15(1)
FORM 20
Rule 3.16.4(1)
FORM 21
Rule 3.16.4(3)
FORM 22
Rule 3.16.4(4)
FORM 23
Rule 3.16.7(1)
FORM 24
Rule 3.16.7(2)
FORM 25
Rule 3.27.6(1)
FORM 26
Rule 3.27.6(2)
FORM 27
Rule 3.27.7
FORM 28
Rule 3.27.8
FORM 29
Rule 3.27.9
FORM 30
Rule 3.27.10
FORM 31
Rule 3.27.16
FORM 32
Rule 3.27.17
FORM 33
Rule 3.34.2. . . . . .  . . . .  . . . . . . . . . .

FORM 34
FORM 35
FORM 36
Rule 3.39.2(1)
FORM 37
Rule 3.39.2(2)
FORM 38
Rule 3.39.3(1)
FORM 39
Rule 3.39.3(3)
FORM 40
Rule 3.39.4(1)
FORM 41
Rule 3.39.4(3)
FORM 42
Rule 3.39.5(1)
FORM 43
Rule 3.39.5(4)
FORM 44
Rule 3.39.5(2)
FORM 45
Rule 3.39.5(5)
FORM 46
Rule 3.39.6(1)
FORM 47
Rule 3.39.6(3)
FORM 48
Rule 3.39.7(1)
FORM 49
Rule 3.39.7(3)
FORM 50
Rule 3.39.8(1)
FORM 51
Rule 3.39.8(3)
FORM 52
Rule 3.39.8(3)
FORM 53
Rule 3.39.9(3)
FORM 54
Rule 3.39.12(1)
FORM 55
Rule 3.39.13(1)
FORM 56
Rule 3.39.13(2)
FORM 57
Rule 3.39.14(1)
FORM 58
Rule 3.39.14(2)
SCHEDULE 2
Rule 1.3


(1) (2) (3)
Act of Sederunt Reference Extent of Revocation
Codifying Act of Sederunt 1913 SR & O 1913/638 Book L, Chapter X (proceedings under the Representation of the People Act 1983)
Codifying Act of Sederunt 1913 SR & O 1913/638 Book L, Chapter XI (appeals to the Court under the Pilotage Act 1913)
Act of Sederunt Regulating Appeals under the Pharmacy and Poisons Act 1933 SR & O 1935/1313 The whole Act of Sederunt
Act of Sederunt (Betting, Gaming and Lotteries Act Appeals) 1965 1965/1168 The whole Act of Sederunt
Act of Sederunt (Housing Appeals) 1966 1966/845 The whole Act of Sederunt
Act of Sederunt (Sheriff Court Procedure under Part IV of the Housing (Scotland) Act 1969) 1970 1970/1508 The whole Act of Sederunt
Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1976 1976/374 The whole Act of Sederunt
Act of Sederunt (Proceedings under Sex Discrimination Act 1975) No 2 1976 1976/1851 The whole Act of Sederunt
Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1977 1977/973 The whole Act of Sederunt
Act of Sederunt (Appeals under the Licensing (Scotland) Act 1976) 1977 1977/1622 The whole Act of Sederunt
Act of Sederunt (Betting and Gaming Appeals) 1978 1978/229 The whole Act of Sederunt
Act of Sederunt (Appeals under the Rating (Disabled Persons) Act 1978) 1979 1979/446 The whole Act of Sederunt
Act of Sederunt (Copyright, Designs and Patents) 1990 1990/380 The whole Act of Sederunt
Act of Sederunt (Proceedings in the Sheriff Court under the Model Law on International Commercial Arbitration) 1991 1991/2214 The whole Act of Sederunt
Act of Sederunt (Coal Mining Subsidence Act 1991) 1992 1992/798 The whole Act of Sederunt
Act of Sederunt (Applications under Part III of the Criminal Justice (International Co-operation) Act 1990) 1992 1992/1077 The whole Act of Sederunt
Act of Sederunt (Sheriff Court Summary Application Rules) 1993 1993/3240 The whole Act of Sederunt
Act of Sederunt (Mental Health Rules) 1996 1996/2149 The whole Act of Sederunt
Act of Sederunt (Proceeds of Crime Rules) 1996 1996/2446 The whole Act of Sederunt
TABLE OF DERIVATIONS
In this Table—
 “the 1907 Act” means the Sheriff Courts (Scotland) Act 1907;
 “1913 A.S.” means the Codifying Act of Sederunt 1913, Book L, Chapter X (Proceedings under the Representation of the People Act 1983);
 “1965 A.S.” means the Act of Sederunt (Betting, Gaming and Lotteries Act Appeals) 1965;
 “1976 A.S.” means the Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1976;
 “1976 A.S. (No.2)” means the Act of Sederunt (Proceedings under the Sex Discrimination Act 1975) No.2 1976;
 “1977 A.S.” means the Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1977;
 “1977 A.S. (Licensing)” means the Act of Sederunt (Appeals under the Licensing (Scotland) Act 1976) 1977;
 “1978 A.S.” means the Act of Sederunt (Betting and Gaming Appeals) 1978;
 “1979 A.S.” means the Act of Sederunt (Appeals under the Rating (Disabled Persons) Act 1978) 1979;
 “1990 A.S.” means the Act of Sederunt (Copyright, Designs and Patents) 1990;
 “1991 A.S.” means the Act of Sederunt (Proceedings in the Sheriff Court under the Model Law on International Commercial Arbitration) 1991;
 “1992 A.S.” means the Act of Sederunt (Applications under Part III of the Criminal Justice (International Co-operation) Act 1990) 1992;
 “1992 A.S. (Coal)” means the Act of Sederunt (Coal Mining Subsistence Act 1991) 1992;
 “1993 Rules” means the Act of Sederunt (Sheriff Court Summary Application Rules) 1993;
 “OCR 1993” means the First Schedule to the 1907 Act;
 “1996 A.S.” means the Act of Sederunt (Mental Health Rules) 1996;
 “1996 A.S. (Crime)” means the Act of Sederunt (Proceeds of Crime Rules) 1996; and
 “1999 A.S.” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999.

1999 A.S. Rule Derivation
Chapter 1 – General
1.1 1993 Rules, rule 1
1.2(1) 1907 Act, section 3
1.2(2) OCR 1993, rule 1.2(5)
1.2(3) 1993 Rules, rule 2(2)
1.3 1993 Rules, rule 3
1.4 New Provision
Chapter 2 – Summary Applications
Part I (Interpretation)
2.1 1993 Rules, rule 2(1)
Part II (General Rules)
2.2 New provision
2.3 1993 Rules, rule 3
2.4 1993 Rules, rule 4
2.5 1993 Rules, rule 5
2.6 1993 Rules, rule 6
2.7 1993 Rules, rule 7
2.8 1993 Rules, rule 8
2.9 1993 Rules, rule 9
2.10 1993 Rules, rule 10
2.11 1993 Rules, rule 11
2.12 1993 Rules, rule 12
2.13 1993 Rules, rule 13
2.14 1993 Rules, rule 14
2.15 1993 Rules, rule 15
2.16 1993 Rules, rule 16
2.17 1993 Rules, rule 17
2.18 1993 Rules, rule 18
2.19 1993 Rules, rule 19
2.20 1993 Rules, rule 20
2.21 1993 Rules, rule 21
2.22 1993 Rules, rule 22
2.23 1993 Rules, rule 23
2.24 1993 Rules, rule 24
2.25 1993 Rules, rule 25
2.26 1993 Rules, rule 26
2.27 1993 Rules, rule 27
2.28 1993 Rules, rule 28
2.29 1993 Rules, rule 29
2.30 1993 Rules, rule 31
2.31 1993 Rules, rule 32
Chapter 3 – Rules on Applications under Specific Statutes
Part I (Administration of Justice (Scotland) Act 1972)
3.1.1 New provision
3.1.2 1993 Rules, rule 30(1)
Part II (Betting and Gaming Appeals)
3.2.1 New provision
3.2.2(1)(a)&(b) 1978 A.S., rule 4(1)(a)&(b)
3.2.2(1)(c) New provision
3.2.2(1)(d)&(e) 1965 A.S., rule 4
3.2.2(2) 1978 A.S., rule 4(2)
3.2.2(3) 1978 A.S., rule 7
3.2.3(1)&(2) 1978 A.S., rule 5
3.2.3(3) 1978 A.S., rule 7
3.2.4(1) 1978 A.S., rule 7, rule 6(1)
3.2.4(2) 1978 A.S., rule 6(1)
3.2.4(3) 1978 A.S., rule 6(3)
3.2.4(4) 1978 A.S., rule 7
3.2.5 1978 A.S., rule 8
Part III (Coal Mining Subsidence Act 1991)
3.3.1 1992 A.S. (Coal), rule 1(3)
3.3.2 1992 A.S. (Coal), rule 2
Part IV (Conveyancing and Feudal Reform (Scotland) Act 1970)
3.4.1 New provision
3.4.2 OCR 1993, rule 34.10(2)
Part V (Copyright, Designs and Trade Marks)
3.5.1 1990 A.S., rule 1(3)
3.5.2 1990 A.S., rule 2(2)
3.5.3 1990 A.S., rule 3
3.5.4 1990 A.S., rule 4
Part VI (Drug Trafficking Act 1994)
3.6.1 New provision
3.6.2 1992 A.S., rule 2
3.6.3 1992 A.S., rule 3
3.6.4 1992 A.S., rule 4
3.6.5 1992 A.S., rule 5
3.6.6 1992 A.S., rule 6
Part VII (Licensing (Scotland) Act 1976)
3.7.1(1) 1977 A.S. (Licensing), rule 1(2)(a)
3.7.1(2) 1977 A.S. (Licensing), rule 2
3.7.2 1977 A.S. (Licensing), rule 3
3.7.3(1) 1977 A.S. (Licensing), rule 4
3.7.3(2) 1977 A.S. (Licensing), rule 5
Part VIII (Mental Health (Scotland) Act 1984)
3.8.1(1) 1996 A.S., rule 1(3)
3.8.1(2) 1996 A.S., rule 2(1)
3.8.2(1) 1996 A.S., rule 2(1)(a)
3.8.2(2) 1996 A.S., rule 2(2)
3.8.3(1) 1996 A.S., rule 2(1)(b)
3.8.3(2) 1996 A.S., rule 3(1)
3.8.3(3) 1996 A.S., rule 3(2)
3.8.3(4) 1996 A.S., rule 3(3)
3.8.4 1996 A.S., rule 4
3.8.5 1996 A.S., rule 5
3.8.6 1996 A.S., rule 6
3.8.7 1996 A.S., rule 7
3.8.8 1996 A.S., rule 8
3.8.9 1996 A.S., rule 9
3.8.10 1996 A.S., rule 10
3.8.11 1996 A.S., rule 11
Part IX (Proceeds of Crime (Scotland) Act 1995)
3.9.1 1996 A.S. (Crime), rule 1(3)
3.9.2 1996 A.S. (Crime), rule 3
3.9.3 1996 A.S. (Crime), rule 4
3.9.4 1996 A.S. (Crime), rule 5
3.9.5 1996 A.S. (Crime), rule 6
3.9.6 1996 A.S. (Crime), rule 7
3.9.7 1996 A.S. (Crime), rule 8
3.9.8 1996 A.S. (Crime), rule 9
3.9.9 1996 A.S. (Crime), rule 10
3.9.10 1996 A.S. (Crime), rule 11
3.9.11 1996 A.S. (Crime), rule 12
3.9.12 1996 A.S. (Crime), rule 13
3.9.13 1996 A.S. (Crime), rule 14
3.9.14 1996 A.S. (Crime), rule 15
3.9.15 1996 A.S. (Crime), rule 16
3.9.16 1996 A.S. (Crime), rule 17
3.9.17 1996 A.S. (Crime), rule 18
Part X (Rating (Disabled Persons) Act 1978)
3.10.1 1979 A.S., rule 1(2)
3.10.2 1979 A.S., rule 4
Part XI (Representation of the People Act 1983)
3.11.1 1913 A.S., rule 20
3.11.2 1913 A.S., rule 1
3.11.3 1913 A.S., rule 2(a)
3.11.4 1913 A.S., rule 2(b)
3.11.5 1913 A.S., rule 2(c)
3.11.6 1913 A.S., rule 3
3.11.7 1913 A.S., rule 4
3.11.8 1913 A.S., rule 5
3.11.9 1913 A.S., rule 6
3.11.10 1913 A.S., rule 7
3.11.11 1913 A.S., rule 8
3.11.12 1913 A.S., rule 9
3.11.13 1913 A.S., rule 10
3.11.14 1913 A.S., rule 11
3.11.15 1913 A.S., rule 12
3.11.16 1913 A.S., rule 13
3.11.17 1913 A.S., rule 14
3.11.18 1913 A.S., rule 15
3.11.19 1913 A.S., rule 16
3.11.20 1913 A.S., rule 17
3.11.21 1913 A.S., rule 18
Part XIII (Requests or Applications under the Model Law on International Commercial Arbitration)
3.12.1 1991 A.S., rule 1(3)
3.12.2 1991 A.S., rule 2
3.12.3 1991 A.S., rule 3
Part XIII (Sex Discrimination Act 1975)
3.13.1 1976 A.S. rule 2(1)
 1977 A.S., rule 1.2
3.13.2 1976 A.S., rule 3
3.13.3 1976 A.S., rule 4
3.13.4(1)&(2) 1976 A.S. (No.2), rule 2
3.13.4(3) 1977 A.S., rule 2

TABLE OF DESTINATIONS
In this Table, “1999 Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999.

Rule rule in 1999 Rules
Codifying Act of Sederunt 1913, Book L, Chapter X Proceedings under the Representation of the People Act 1983) (SR & O 1913/638)
Rule 1 3.11.2
Rule 2(a) 3.11.3
Rule 2(b) 3.11.4
Rule 2(c) 3.11.5
Rule 3 3.11.6
Rule 4 3.11.7
Rule 5 3.11.8
Rule 6 3.11.9
Rule 7 3.11.10
Rule 8 3.11.11
Rule 9 3.11.12
Rule 10 3.11.13
Rule 11 3.11.14
Rule 12 3.11.15
Rule 13 3.11.16
Rule 14 3.11.17
Rule 15 3.11.18
Rule 16 3.11.19
Rule 17 3.11.20
Rule 18 3.11.21
Rule 20 3.11.1(1)
Codifying Act of Sederunt 1913, Book L, Chapter XI (Appeals to the Court under the Pilotage Act 1913) (SR & O 1913/638)
Rule 1 1.4
Rule 2 2.6(2)
Rule 3 2.7
Rule 4 Omitted
Rule 5 Omitted
Act of Sederunt Regulating Appeals under the harmacy and Poisons Act 1933 (SR & O 1935/1313)
 1.4
Act of Sederunt (Betting, Gaming and Lotteries Act Appeals) 1965 (S.I. 1965/1168)
Rule 4 3.2.2(1)(c), (d) & (e)
Rule 5 Omitted
Rule 6 Omitted
Act of Sederunt (Housing Appeals) 1966 (S.I. 1966/845)
Rule 1 1.4
Rule 2 2.24
Rule 3 Omitted
Act of Sederunt (Sheriff Court Procedure under Part IV of the Housing (Scotland) Act 1969) 1970 (S.I. 1970/1508)
Rule 1(1) 1.4
Rule 1(2) 2.4(8)
Rule 2(1) 1.4
Rule 2(2) 2.4(8)
Rule 2(3) Omitted
Rule 3(1) 1.4
Rule 3(2) 2.4(8)
Rule 3(3) 2.30
Rule 4 Omitted
Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1976 (S.I. 1976/374)
Rule 1 Omitted
Rule 2(1) 3.13.1
Rule 2(2) Omitted
Rule 3 3.13.2
Rule 4 3.13.3
Act of Sederunt (Proceedings under Sex Discrimination Act 1975) No. 2 1976 (S.I. 1976/1851)
Rule 1 Omitted
Rule 2 3.13.4(1) & (2)
Act of Sederunt (Proceedings under Sex Discrimination Act 1975) 1977 (S.I. 1977/973)
Rule 1(1) Omitted
Rule 1(2) 3.13.1
Rule 1(3) Omitted
Rule 2 3.13.4(3)
Act of Sederunt (Appeals under the Licensing (Scotland) Act 1976) 1977 (S.I. 1977/1622)
Rule 1(1) Omitted
Rule 1(2)(a) 3.7.1(1)
Rule 1(2)(b) Omitted
Rule 2 3.7.1(2)
Rule 3 3.7.2
Rule 4 3.7.3(1)
Rule 5 3.7.3(2)
Act of Sederunt (Betting and Gaming Appeals) 1978 (S.I. 1978/229)
Rule 1 Omitted
Rule 2 Omitted
Rule 3 1.4
Rule 4(1)(a) 3.2.2(1)(a)
Rule 4(1)(b) 3.2.2(1)(b)
Rule 4(2) 3.2.2(2)
Rule 5(1) 3.2.3(1)
Rule 5(2) 3.2.3(2)
Rule 6(1) 3.2.4(2)
Rule 6(2) 3.2.4(2)
Rule 6(3) 3.2.4(3)
Rule 7 3.2.2(3), 3.2.3(3) & 3.2.4(4)
Rule 8(1)(a) 3.2.5(1)(b)
Rule 8(1)(b) 3.2.5(1)(a)
Rule 8(1)(c) 3.2.5(1)(a) & (b)
Rule 8(2) 3.2.5(2)
Rule 9 Omitted
Act of Sederunt (Appeals under the Rating (Disabled Persons) Act 1978) 1979 (S.I. 1979/446)
Rule 1(1) Omitted
Rule 1(2) 3.10.1(1)
Rule 2 1.4
Rule 3 Omitted
Rule 4 3.10.2
Act of Sederunt (Copyright, Designs and Patents) 1990 (S.I. 1990/380)
Rule 1(1) Omitted
Rule 1(2) Omitted
Rule 1(3) 3.5.1
Rule 2(2) 3.5.2
Rule 3 3.5.3
Rule 4 3.5.4
Act of Sederunt (Proceedings in the Sheriff Court under the Model Law on International Commercial Arbitration) 1991 (S.I. 1991/2214)
Rule 1(1) Omitted
Rule 1(2) Omitted
Rule 1(3) 3.12.1
Rule 2 3.12.2
Rule 3 3.12.3
Act of Sederunt (Coal Mining Subsidence Act 1991) 1992 (S.I. 1992/798)
Rule 1(1) Omitted
Rule 1(2) Omitted
Rule 1(3) 3.3.1
Rule 2 3.3.2
Rule 3 Omitted
Act of Sederunt (Applications under Part III of the Criminal Justice (International Co-operation) Act 1990) 1992 (S.I. 1992/1077)
Rule 1(1) Omitted
Rule 1(2) Omitted
Rule 1(3) 3.6.1
Rule 2 3.6.2
Rule 3 3.6.3
Rule 4 3.6.4
Rule 5 3.6.5
Rule 6 3.6.6
Act of Sederunt (Sheriff Court Summary Application Rules) 1993 (S.I. 1993/3240)
Rule 1 Omitted
Rule 2 1.2(1)
Rule 3 1.3
Rule 2(1) 2.1
Rule 2(2) 1.2(3)
Rule 3 2.3
Rule 4 2.4
Rule 5 2.5
Rule 6 2.6
Rule 7 2.7
Rule 8 2.8
Rule 9 2.9
Rule 10 2.10
Rule 11 2.11
Rule 12 2.12
Rule 13 2.13
Rule 14 2.14
Rule 15 2.15
Rule 16 2.16
Rule 17 2.17
Rule 18 2.18
Rule 19 2.19
Rule 20 2.20
Rule 21 2.21
Rule 22 2.22
Rule 23 2.23
Rule 24 2.24
Rule 25 2.25
Rule 26 2.26
Rule 27 2.27
Rule 28 2.28
Rule 29 2.29
Rule 30(1) 3.1.2
Rule 30(2) Omitted
Rule 31 2.30
Rule 32 2.31
Act of Sederunt (Mental Health Rules) 1996 (S.I. 1996/2149)
Rule 1(1) Omitted
Rule 1(2) Omitted
Rule 1(3) 3.8.1(1)
Rule 1(4) 1.2(3)
Rule 1(5) Omitted
Rule 2(1)(a) 3.8.2(1)
Rule 2(1)(b) 3.8.3(1)
Rule 2(2) 3.8.2(2)
Rule 2(3) Omitted
Rule 2(4) Omitted
Rule 3(1) 3.8.3(2)
Rule 3(2) 3.8.3(3)
Rule 3(3) 3.8.3(4)
Rule 4(1) 3.8.4(1)
Rule 4(2) 3.8.4(2)
Rule 5(1) 3.8.5(1)
Rule 5(2) 3.8.5(2)
Rule 5(3) 3.8.5(3)
Rule 6 3.8.6
Rule 7 3.8.7
Rule 8 3.8.8
Rule 9 3.8.9
Rule 10 3.8.10
Rule 11 3.8.11
Act of Sederunt (Proceeds of Crime Rules) 1996 (S.I. 1996/2446)
Rule 1(1) Omitted
Rule 1(2) Omitted
Rule 1(3) 3.9.1
Rule 2 Omitted
Rule 3 3.9.2
Rule 4 3.9.3
Rule 5 3.9.4
Rule 6 3.9.5
Rule 7 3.9.6
Rule 8 3.9.7
Rule 9 3.9.8
Rule 10 3.9.9
Rule 11 3.9.10
Rule 12 3.9.11
Rule 13 3.9.12
Rule 14 3.9.13
Rule 15 3.9.14
Rule 16 3.9.15
Rule 17 3.9.16
Rule 18 3.9.17
