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Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Miscellaneous) 2016

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Amendment of the Summary Cause Rules 2002

3.—(1) The Summary Cause Rules 2002(1) are amended in accordance with this paragraph.

(2) After Chapter 30 (recovery of possession of heritable property) insert—

“Chapter 30AExecution of deeds relating to heritage

Form of application under section 87 of the Courts Reform (Scotland) Act 2014

30A.1.  An application for an order for execution under section 87 (power of sheriff to order sheriff clerk to execute deed relating to heritage) of the Courts Reform (Scotland) Act 2014 may be made—

(a)by a claim in the summons;

(b)where no such claim has been made, by incidental application to amend the summons; or

(c)where final decree has been pronounced, by lodging a minute in the process of the action to which the application relates.”.

(1)

The Summary Cause Rules are in schedule 1 of the Act of Sederunt (Summary Cause Rules) 2002 (S.S.I. 2002/132, last amended by S.S.I. 2016/215).

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