Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1996

Link to law: http://www.legislation.gov.uk/uksi/1996/2709/made/data.htm?wrap=true
Published: 1996-10-18

Statutory Instruments
1996 No. 2709 (S.211)

SHERIFF COURT, SCOTLAND
Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1996

Made
18th October 1996

Coming into force
11th November 1996

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 247(2) of the Local Government (Scotland) Act 1947(1), section 63(1) of the Taxes Management Act 1970(2), section 32 of the Sheriff Courts (Scotland) Act 1971(3), paragraph 3(3) of Schedule 1 to the Car Tax Act 1983(4), paragraph 7(2) of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987(5), paragraph 2(2) of Schedule 8 to the Local Government Finance Act 1992(6), paragraph 7(8) of Schedule 7 to the Finance Act 1994(7), paragraph 5(5) of Schedule 11 to the Value Added Tax Act 1994(8), paragraph 2(2) of Schedule 10 to the Local Government etc. (Scotland) Act 1994(9), paragraph 13(2) of Schedule 5 to the Finance Act 1996(10), and of all other powers enabling them in that behalf, having approved, with modifications, 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 may be cited as the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1996 and shall come into force on 11th November 1996.

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

Amendment of the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

2.—(1) The Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(11) shall be amended in accordance with the following sub-paragraphs.

(2) For rule 68(12), substitute the following rule:–

“Summary warrants

68.  A summary warrant for recovery of any sum shall be in form 61 or 62, as the case may be.”

(3) In the Schedule, for forms 61(13), 62(14) and 63(15) substitute Forms 61 and 62 as set out in Schedule 1 to this Act of Sederunt.

Revocations

3.  The Acts of Sederunt mentioned in Schedule 2 to this Act of Sederunt are revoked to the extent specified in the third column of that Schedule.

Rodger of Earlsferry
Lord President, I.P.D.
Edinburgh,
18th October 1996

Paragraph 2(3)
SCHEDULE 1

Rule 68

FORM 61SUMMARY WARRANT FOR THE RECOVERY OF

Rule 68

FORM 62SUMMARY WARRANT FOR THE RECOVERY OF

Paragraph 3

SCHEDULE 2ACTS OF SEDERUNT REVOKED

Statutory Instrument Year and Number
Title of Act of Sederunt
Extent of Revocation

1991/1920
Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1991
Paragraph 2(4)

1992/2964
Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1992
The whole Act of Sederunt

1994/3086
Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1994
The whole Act of Sederunt

1995/1876
Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) (Amendment) 1995
The whole Act of Sederunt

Explanatory Note

(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988 to make general provision for enforcement action for non-payment of monies by summary warrant procedure rather than separate provision dependent on the legislative basis of such recovery, as at present.


(1)
1947 c. 43; section 247(2) was substituted by the Debtors (Scotland) Act 1987 (c. 18) (“the 1987 Act”), Schedule 4, paragraph 1(1).

(2)
1970 c. 9; section 63(1) was substituted by the 1987 Act, Schedule 4, paragraph 2.

(3)
1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, by the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4), and by the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2).

(4)
1983 c. 53; paragraph 3(3) of Schedule 1 was inserted by the 1987 Act, Schedule 4, paragraph 3.

(5)
1987 c. 47; paragraph 7(2) of Schedule 2 was amended by the Local Government Finance Act 1988 (c. 41), Schedule 12, paragraph 36(9) and Schedule 13, Part IV.

(6)
1992 c. 14; section 97, which gives effect to Schedule 8, is extended by Schedule 11, paragraph 11.

(7)
1994 c. 9; paragraph 7(8) of Schedule 7 was substituted by the Finance Act 1995 (c. 4), Schedule 5, paragraph 9.

(8)
1994 c. 23.

(9)
1994 c. 39; section 79, which gives effect to Schedule 10, confers the power on the Secretary of State to make orders for recovery of charges by diligence by virtue of that Schedule. The power has been exercised in the Water Services Charges (Billing and Collection) (Scotland) Order 1996 S.I. 1996/325.

(10)
1996 c. 8.

(11)
S.I. 1988/2013, amended by S.I. 1991/1920, 1992/2964, 1994/3086 and 1995/1876.

(12)
Rule 68 was amended by S.I. 1992/2964, S.I. 1994/3086 and S.I. 1995/1876.

(13)
Form 61 was substituted by S.I. 1991/1920, paragraph 2(4) and amended by S.I. 1992/2964.

(14)
Form 62 was substituted by S.I. 1991/1920, paragraph 2(4).

(15)
Form 63 was substituted by S.I. 1991/1920, paragraph 2(4) and amended by S.I. 1994/3086 and S.I. 1995/1876.
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