Act of Sederunt (Rules of the Court of Session Amendment No.5) (Miscellaneous) 1990
This Act of Sederunt–amends the Rules of the Court of Session by–making new provision for the lodging of caveats (and consequential amendments) (paragraph 2(2), (3), (9), (10) and (16)(c));removing the requirement in rule 91C to lodge Form 64 and omitting that Form from the Appendix (paragraph 2(4) and (16)(a));inserting a rule in relation to the issue of a jury precept where a diet for a jury trial has been fixed (paragraph 2(5));altering the definition of commercial cause (paragraph 2(6));altering the reference in rule 188J(8) to paragraph (7) of rule 91 to that of paragraph (6) of rule 91 (paragraph 2(7));providing for applications under section 245B of the Companies Act 1985 (c. 6) to be by petition presented to the Outer House (paragraph 2(8));inserting references to the Trade Marks Act 1938 (c. 22) and the Copyright, Designs and Patents Act 1988 (c. 48) in rule 251 (paragraphs 2(11));removing the provision for application to treat as commercial causes certain applications and references under certain patent, designs and defence contracts legislation under rule 257E (paragraph 2(12));inserting a reference in rule 260P (1) to dependent territories in the definition of “appropriate court” in relation to registration and enforcement of custody orders under the Family Law Act 1986 (c. 55), and making consequential amendments (paragraph 2(13) and (14));making minor drafting amendments to rule 268 and introducing a procedure for applying for leave to appeal from an inferior court out of time (paragraph 2(15));making a minor amendment in the heading of Form 69 in the Appendix to include a reference to a tutor and a curator (paragraph 2(16)); andrevokes the Act of Sederunt to regulate proceedings under the Workmen’s Compensation (Transfer of Funds) Act 1927, 1935 and the Acts of Sederunt which amended it following the repeal of the Workmen’s Compensation (Transfer of Funds) Acts 1927 (c. 15) and 1943 (c. 6) by the Statute Law (Repeals) Act 1989 (c. 43), section 1 and Schedule 1, Part II (paragraph 3 and Schedule 2).