(a) the words from ""the Act"" to the end of that paragraph become sub paragraph (a); and

(b) after sub paragraph (a) so renumbered insert-


     " ; 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.".

    (3) Rule 3.1.2 is renumbered 3.1.2(1).

    (4) After rule 3.2.1(1) so renumbered insert-

(a) to search for and take all other steps which he considers necessary to take possession of or preserve (specify the listed items); and

(b) to take possession of and to preserve all or any of the listed items and to consign them with the Sheriff Clerk at (enter name and address of sheriff court) to be held by him pending the further order of the sheriff,

and for that purpose,

ORDERS the haver or his servants or agents to allow the Commissioner, any person whom the Commissioner considers necessary to assist him, and the Applicant's representatives to enter the premises named in the order and, unless the haver has sought legal or other professional advice on the question of having the order varied, to allow them-

    (1) to search for the listed items and take such other steps as the Commissioner considers it is reasonable to take to execute the order;

    (2) to provide access to information stored on any computer owned or used by him by supplying or providing the means to overcome any and all security mechanisms inhibiting access thereto;

    (3) to allow the Commissioner, any person whom the Commissioner considers necessary to assist him, and the Applicant's representatives to remain in the premises until such time as the search is complete, including allowing them to continue the search on subsequent days if necessary;

    (4) to inform the Commissioner immediately of the whereabouts of the listed items; and

    (5) to provide the Commissioner with a list of the names and addresses of everyone who has supplied him with any of the listed items and of the names and addresses of everyone to whom he has given any of the listed items,

and not to destroy, conceal or tamper with any of the listed items except in accordance with the terms of this order;

FURTHER AUTHORISES (specify the representatives) to be the sole representatives of the Applicant to accompany the Commissioner for the purpose of identification of the said documents and other property.

SCHEDULE TO THE ORDER

Undertakings given by Applicant

The Applicant has given the following undertakings:-

     1. That he will comply with any order of the court as to payment of compensation if it is subsequently discovered that the order, or the implementation of the order, has caused loss to the respondent or, where the respondent is not the haver, to the haver.

     2. That he will bring within a reasonable time of the execution of the order any proceedings which he decides to bring.

     3. That he will not, without leave of the court, use any information, documents or other property obtained as a result of the order, except for the purpose of any proceedings which he decides to bring and to which the order relates.

(or as modified under rule 3.1.4)

you take steps to do so at once; and

you allow the Commissioner, any person appointed as a representative of the person who has been granted the order and any person accompanying the Commissioner to assist him, to enter the premises - but not to start the search - meantime.

     10. The Commissioner and the people mentioned as representatives or assistants have a right to enter the premises even if you refuse to allow them to do so, unless-

you are female and alone in the premises and there is no female with the Commissioner (where the Commissioner is not female), in which case they have no right to enter the premises;

the Commissioner serves the order before 9am or after 5pm on a weekday or at any time on a Saturday or Sunday (except where the court has specifically allowed this, which will be stated in the order);

in which cases you should refuse to allow entry.

     11. You are entitled to insist that there is no one (or no one other thaninsert name of person) present who could gain commercially from anything which might be read or seen on your premises.

     12. You are required to hand over to the Commissioner any of the items mentioned in the order which are in your possession.

     13. You may be found liable for contempt of court if you refuse to comply with the order.

rule 3.1.2(2) now specifies what the summary application shall contain and rule 3.1.3 details the documents which are to accompany the summary application;

rule 3.1.4 allows the sheriff to modify the undertaking that the applicant is to give under rule 3.1.3;

rules 3.1.5, 3.1.7 and 3.1.8 deal respectively with intimation, caution and execution;

rule 3.1.9 sets out the duties of the Commissioner, rule 3.1.10 deals with the question of confidentiality and rule 3.1.11 lays down restrictions on service, to the extent that the order may be served on Monday to Friday only, between the hours of 9am and 5pm; and

rule 3.1.12 gives the haver a right to take legal or other professional advice on the order.

Article 2(5) inserts the following forms, set out in the Schedule to this Act of Sederunt-

(a) Form 11A, the form of the order which the sheriff will grant, which will be accompanied by a schedule that sets out the undertakings given by the applicant; and

(b) Form 11B, the form of Notice that will be given to the haver at the time the order is served, setting out clearly his rights and obligations.