Sheriff Courts (Scotland) Act 1907

InterpretationS

1.2.(1)In these Rules, unless the context otherwise requires—

  • “document” has the meaning assigned to it in section 9 of the M1Civil Evidence (Scotland) Act 1988;

  • [F1“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;]

  • “period of notice” means the period determined under rule 3.6 (period of notice after citation).

  • [F2“the Act of 2004” means the Vulnerable Witnesses (Scotland) Act 2004]

(2)For the purposes of these Rules—

(a)“affidavit” includes an affirmation and a statutory or other declaration; and

(b)an affidavit shall be sworn or affirmed before a notary public or any other competent authority.

(3)Where a provision in these Rules requires a party to intimate or send a document to another party, it shall be sufficient compliance with that provision if the document is intimated or sent to the solicitor acting in the cause for that party.

(4)Unless the context otherwise requires, anything done or required to be done under a provision in these Rules by a party may be done by the agent for that party acting on his behalf.

(5)Unless the context otherwise requires, a reference to a specified Chapter, Part, rule or form, is a reference to the Chapter, Part, rule or form in Appendix 1, so specified in these Rules; and a reference to a specified paragraph, sub-paragraph or head is a reference to that paragraph of the rule or form, that sub-paragraph of that paragraph or that head of that sub-paragraph, in which the reference occurs.

Textual Amendments

F2Sch. 1 rule 1.2(1): definition of "the Act of 2004" inserted (1.11.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463), para. 2(2)

Marginal Citations