Statutory Instrument 1988 No. 1976 (S.188)

Act of Sederunt (Small Claim Rules) 1988

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1988 No. 1976 (S.188)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Small Claim Rules) 1988

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 32 of the Sheriff Courts (Scotland) Act 1971^[1] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement
    1.—(1)  This Act of Sederunt may be cited as the Act of Sederunt (Small Claim Rules) 1988 and shall come into force on 30th November 1988.

    (2)  This Act of Sederunt shall be inserted in the Books of Sederunt.

Small Claim Rules
    2.—(1)  The provisions of the Schedule to this Act of Sederunt shall have effect for the purpose of providing rules for the form of summary cause process known as a small claim under section 35(2) of the Sheriff Courts (Scotland) Act 1971^[2].

    (2)  The provisions of the Schedule to this Act of Sederunt shall not apply to a summary cause commenced before 30th November 1988.

Consequential amendment
    3.    In paragraph 3(1) of the Act of Sederunt (Summary Cause Rules, Sheriff Court) 1976^[3] after the words "summary cause" there shall be inserted the words "other than a small claim".

Emslie

Lord President, IPD
Edinburgh

10th November 1988

[1] 1971 c. 58 back

[2] Section 35(2) of the Sheriff Courts (Scotland) Act 1971 was substituted by section 18(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) back

[3] S.I. 1976/476 back

Explanatory Note