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CHAPTER 13B INTERVENTIONS BY THE SCOTTISH COMMISSION FOR HUMAN RIGHTS

Interpretation

13B.1.  In this Chapter–

“the Act of 2006” means the Scottish Commission for Human Rights Act 2006; and

“the SCHR” means the Scottish Commission for Human Rights.

Applications to intervene

13B.2.—(1) An application for leave to intervene shall be by way of minute of intervention in Form 14B and the SCHR shall–

(a) send a copy of it to all the parties; and

(b) lodge it in process, certifying that subparagraph (a) has been complied with.

(2) In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including, subject to section 36B of the Sheriff Courts (Scotland) Act 1971, making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(3) The sheriff clerk shall give written intimation of a grant or refusal of leave to the SCHR and all the parties.

(4) Any decision of the sheriff in proceedings under this Chapter shall be final and not subject to appeal.

Invitations to intervene

13B.3.—(1) An invitation to intervene under section 14(2)(b) of the Act of 2006 shall be in Form 14C and the sheriff clerk shall send a copy of it to the SCHR and all the parties.

(2) An invitation under paragraph (1) shall be accompanied by–

(a) a copy of the pleadings in the proceedings; and

(b) such other documents relating to those proceedings as the sheriff thinks relevant.

(3) In issuing an invitation under section 14(2)(b) of the Act of 2006, the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including, subject to section 36B of the Sheriff Courts (Scotland) Act 1971, making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

Form of intervention

13B.4.—(1) An intervention shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

(2) The SCHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

(3) The sheriff may in exceptional circumstances–

(a) allow a longer written submission to be made;

(b) direct that an oral submission is to be made.

(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the SCHR and all the parties.”.

(3) In Chapter 26 (equality enactments)(20)–

(a) after rule 26.1(2) insert–

“(3) In this Chapter “the Commission” means the Commission for Equality and Human Rights.”.

(b) for rule 26.2 (relevant Commission) substitute–

“Intimation to Commission

26.2.  The pursuer shall send a copy of the summons to the Commission by registered or recorded delivery post.”;

(c) rule 26.4 (taxation of Commission expenses) is omitted.

(4) In Appendix 1 after Form 14 insert the forms set out in Schedule 4 to this Act of Sederunt.

Heritable summonses

8.  After rule 30.8 of the Summary Cause Rules insert–

“30.9  Where, in response to a summons for the recovery of heritable property which includes a claim for payment of money, a defender makes a written application about payment, he shall not thereby be taken to be admitting the claim for recovery of possession of the heritable property.”.

Council Regulation on insolvency proceedings

9.—(1) The Judicial Factors Rules are amended in accordance with the following subparagraphs.

(2) In rule 2(1) (interpretation)(21)–

(a) after the definition of “the 1995 Act” insert–

““the Council Regulation” means Council Regulation (E.C.) 1346/2000 of 29th May 2000 on insolvency proceedings as it may be amended from time to time(22);”; and

(3) After rule 4 insert–

“Applications where grounds include insolvency

4.A.  Where an application is for the appointment of a factor to an individual or estate that is insolvent the application shall contain averments in relation to jurisdiction under the Council Regulation, in particular stating, so far as known to the applicant–

(a) where the centre of main interests of the individual or estate is and whether the individual or estate has any other establishments in another member State; and

(b) whether there are insolvency proceedings elsewhere and whether these proceedings are main or territorial proceedings.”.

10.—(1) The Company Insolvency Rules are amended in accordance with the following subparagraphs.

(2) In rule 3(1) (interpretation)(23) after the definition of “the Act of 1986” insert–

““the Council Regulation” means Council Regulation (E.C.) 1346/2000 of 29th May 2000 on insolvency proceedings as it may be amended from time to time;”.

(3) For rule 10(1)(h) (petitions for administration orders: averments)(24) substitute–

“(h) jurisdiction under the Council Regulation, in particular stating, so far as known to the petitioner–

(i) where the centre of main interests of the company is and whether the company has any other establishments in another member State;

(ii) whether there are insolvency proceedings elsewhere in respect of the company and whether those proceedings are main or territorial proceedings; and”.

(4) After rule 18(1)(a) insert–

“(aa) averments in relation to jurisdiction under the Council Regulation, in particular stating, so far as known to the petitioner:–

(i) where the centre of main interests of the company is and whether the company has any other establishments in another member State;

(ii) whether there are insolvency proceedings elsewhere in respect of the company and whether those proceedings are main or territorial proceedings;”.

Commissions for examination of witnesses

11.  In rule 28.10 of the Ordinary Cause Rules (commissions for examinations of witnesses)(25) after paragraph (2) insert–

“(2A) A motion under paragraph (2) may include an application for authority to record the proceedings before the commissioner by video recorder:”.

Representation in certain sheriff court proceedings

12.  After rule 3 of the Company Insolvency Rules insert–

“Representation

3A.—(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 the proceedings as may have been done by an individual conducting his own action.

(3) For the purposes of this rule, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish the Scottish Parliament.

Expenses

3B.  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 (Cost and Expenses) Act 1975(26) or under any enactment under that Act.”.

13.  After rule 2 of the Judicial Factors Rules insert–

“Representation

2A.—(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 the proceedings as may have been done by an individual conducting his own action.

(3) For the purposes of this rule, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Expenses

2B.  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 (Cost and Expenses) Act 1975 or under any enactment under that Act.”.

Other minor amendments

14.—(1) The Summary Application Rules are amended in accordance with the following subparagraphs.

(2) Rules 2.33 (representation) and 2.34 (expenses) of the Summary Application Rules (being the rules bearing those numbers inserted by paragraph 3(5) of the Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2007)(27) are renumbered 2.35 and 2.36 respectively.

(3) Part II (betting and gaming appeals) of Chapter 3 of the Summary Application Rules (rules on applications under specific statutes) is omitted.

(4) In Part XIX (Proceeds of Crime Act 2002)(28), the heading “Civil recovery investigations”(29) immediately following rule 3.19.20 (appeals against determination of outlays and remuneration)(30) becomes “Civil recovery and detained cash investigations”.

15.—(1) The Act of Sederunt (Consumer Credit Act 1974) 1985(31) is amended in accordance with the following subparagraphs.

(2) In rule 2 (interpretation)(32) for “1993” substitute “1999”.

(3) In rule 5A (application for a time order)(33)–

(a) for “or section 139” substitute “, section 139 or section 140B”; and

(b) for “rule 4(1)” substitute “rule 2.4(1)”.

(4) But rule 5A as worded immediately prior to the amendment made by paragraph (3) shall continue to have effect for the purpose of the court’s power to reopen an agreement under section 139 of the Consumer Credit Act 1974(34) as preserved by paragraph 15 of Schedule 3 to the Consumer Credit Act 2006(35).

(5) In rule 6(1) (claims against third parties in summary causes) for “rule 93 of the Act of Sederunt (Summary Cause Rules, Sheriff Court) 1976 (incidental applications)” substitute “rule 11 of the Act of Sederunt (Summary Cause Rules) 2002 (third party procedure)”.

16.  In the Schedule to the Act of Sederunt (Child Support Rules) 1993(36), in Form 7 (form of citation for summary application for commitment to prison or disqualification from driving)(37) omit “(INCLUDING ANY COUNTERPART TO THAT LICENCE)”.