Act of Sederunt (Small Claim Rules) 2002
| Jurisdiction | Scotland |
| Citation | SSI 2002/133 |
SCOTTISH STATUTORY INSTRUMENTS
2002 No. 133
SHERIFF COURT
Act of Sederunt (Small Claim Rules) 2002
Made 1st March 2002
Coming into force 10th June 2002
The Lords of Council and Session, unde r and by virtue of the p owers conferred by secti on 32 of
having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance
with section 34 of the said Act of 1971, do hereby enact and declare:
Citation and commencement
1.—(1) This Act of Sederunt ma y be cited as the Act of Sederunt (Small Claim Rules) 20 02 and
shall come into force on 10th June 2002.
(2) This Act of Sederunt shall be inser ted in the Books of Sederunt.
Small Claim Rules
2. The provisions of Schedule 1 to t his Act of Sederunt shall ha ve effect for the purpose of
providing rules for the form of summary cause process known as a small claim.
Transitional provision
3. Nothing in Schedule 1 to this Act of Seder unt shall apply to a small claim com menced
before 10th June 2002 and any such claim shall proceed according to the law and practice in force
immediately before that date.
Revocation
4. The Acts of Sederunt mentioned i n column (1) of Schedule 2 t o this Act of Sederunt are
revoked to the extent spec ified in column (3) of that Schedule exce pt in relation to any small claim
commenced before 10th June 2002.
W DOUGLAS CULLEN
Lord President,
I.P.D.
Edinburgh
1st March 2002
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(a) 1971 c.58. Section 32 was amended by the Law Reform (Miscellaneous Provi sions) (Scotland) Act 1985 (c.73),
Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c.32), section 2(4) and the Children (Scotland) Act
1995 (c.36), Schedule 4, paragraph 18(2) and the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5,
paragraph 13, and was extended by sect ions 39(2) and 49 of the Child Support Act 1991 (c.48).
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Paragraph 2
SCHEDULE 1
SMALL CLAIM RULES 2002
ARRANGEMENT OF RULES
CHAPTER 1
Citation, interpretation and application
1.1. Citatio n, interpretation and application
CHAPTER 2
Representation
2.1. Representation
CHAPTER 3
Relief from failure to comply with rules
3.1. Dispensing power of sheriff
CHAPTER 4
Commencement of claim
4.1. Form of summons
4.2. Statement of claim
4.3. Defender’s copy summons
4.4. Authentication and eff ect of summons
4.5. Period of notice
4.6. Intimation
CHAPTER 5
Register of Small Claims
5.1. Register of Small Claims
CHAPTER 6
Service and return of the summons
6.1. Persons carrying on busine ss under trading or descripti ve name
6.2. Form of service
6.3. Service of the summons
6.4. Service within Scotland by sher iff officer
6.5. Service on persons outwith Scotlan d
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6.6. Service where address of defender is unknown
6.7. Endorsation by sheriff clerk of defender’s residence not necessary
6.8. Contents of envelope con taining defender’s copy summons
6.9. Re-service
6.10. Defender appearing bar red from objecting to service
6.11. Return of summons and e xecution
CHAPTER 7
Arrestment
7.1. Service of schedule of arre stment
7.2. Arrestment before service
7.3. Recall and restriction of arrestm ent
CHAPTER 8
Undefended claim
8.1. Undefended claim
8.2. Application for time to pay direction or time order
8.3. Decree in claims to which the Hague Convention or the Ci vil Jurisdiction and Judgments
Act 1982 apply
CHAPTER 9
Defended claim
9.1. The Hearing
9.2. Purpose of the Hearing
9.3. Conduct of hearings
9.4. Inspection of places an d objects
9.5. Remit to determine matter of fact
9.6. Noting of evidence
9.7. Application for a tim e to pay direction or time order in defende d claim
9.8. Pronouncement of decision
CHAPTER 10
Incidental applications and sists
10.1. General
10.2. Application to sist claim
CHAPTER 11
Counterclaim
11.1. Counterclaim
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