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Statutory Instrument 1994 No. 1443 (S.69)

Act of Sederunt (Rules of the Court of Session 1994) 1994

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1994 No. 1443 (S.69)

COURT OF SESSION, SCOTLAND

Act of Sederunt (Rules of the Court of Session 1994) 1994

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Made31st May 1994
Coming into force5th September 1994


    The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988[1], the provisions specified in Schedule 1 to this Act of Sederunt 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 (Rules of the Court of Session 1994) 1994 and shall come into force on 5th September 1994.

        (2)  This Act of Sederunt shall be inserted in the Books of Sederunt.
    Rules of the Court of Session
        2.    The provisions of Schedule 2 to this Act of Sederunt shall have effect for the purpose of providing new rules for the Court of Session.
    Amendments, repeals, revocations and savings
        3.—(1)  The enactments mentioned in Schedule 3 to this Act of Sederunt shall have effect subject to the amendments there specified.

        (2)  The enactments mentioned in Schedule 4 to this Act of Sederunt, being enactments relating to matters in respect of which the rules specified in the fourth column of that Schedule are made, are repealed to the extent specified in the third column of that Schedule.

        (3)  Subject to paragraphs (5) and (6) below, the Acts of Sederunt mentioned in Schedule 5 to this Act of Sederunt are revoked to the extent specified in the third column of that Schedule.

        (4)  All Acts of Sederunt to the extent that they relate to practice or procedure in the Court of Session made before 10th November 1964 (being the date on which the Act of Sederunt (Rules of Court, consolidation and amendment) 1965[2] was made) are, in so far as still in force, revoked.

        (5)  No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to fees and outlays of solicitors, witnesses' fees and allowances or shorthand writers' fees shall affect fees or allowances in respect of anything done, or outlays incurred, before the date on which this Act of Sederunt comes into force.

        (6)  No revocation, by virtue of sub-paragraph (3) above, of an Act of Sederunt relating to interest on decrees or extracts shall affect interest included in or exigible under a decree pronounced or an extract extracted before the coming into force of this Act of Sederunt.



J.A.D. Hope

Lord President, IPD
Edinburgh

31st May 1994





Notes:

[1] 1988 c. 36; section 5 was amended by section 2(3) of the Civil Evidence (Scotland) Act 1988 (c. 32), section 3(2) and by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 9.

[2] S.I. 1965/321.

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