Sheriff Court Citation and commencement, etc. 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018. 2 It comes into force on 30th July 2018. 3 A certified copy is to be inserted in the Books of Sederunt. Amendment of the Act of Sederunt (Simple Procedure) 2016 2 1 The Act of Sederunt (Simple Procedure) 2016 is amended in accordance with this paragraph. 2 In schedule 1 (the simple procedure rules)— a in rule 2.4(1), for “or the Response Form” substitute “, Response Form or Time to Pay Application”; b for rule 3.12(1), for “send a Response Form to the court and to the claimant” substitute “respond to the claim (see rule 4.2)”; c for rule 4.2, substitute— How do you respond to a claim? 4.2 1 The respondent must respond to the claim by the last date for a response. 2 The respondent may respond to a claim in one of two ways: a by completing a Response Form and sending it to the court and the claimant, or b if the respondent wants to admit the claim and ask for time to pay, by completing a Time to Pay Application and sending it to the court. ; d in rule 4.3(3) , in the flow-chart— i omit “Select option C2 on the Response Form.”; ii omit “also”; iii omit “with the completed Response Form”; iv for “C3” substitute “C2”; e in rule 5.3(1)(a), for “with the completed Response Form” substitute “by the last date for a response”; f in rule 6.5(1) — i in sub-paragraph (c), for “or Response Form” substitute “, Response Form or Time to Pay Application”; ii in sub-paragraph (d), after “that party” insert “or that party’s representative”; g in rule 6.7(1) — i in sub-paragraph (b), for “or Response Form” substitute “, Response Form or Time to Pay Application”; ii in sub-paragraph (c), after “that party” insert “or that party’s representative”; h in rule 7.1(1), for “is received” substitute “or Time to Pay Application is received by the last date for a response”; i in rule 7.2(1), for “From” substitute “Form”; j in rule 7.4— i in the cross-heading, after “ no Response Form ” insert “ or Time to Pay Application ”; ii in paragraph (1), after “no Response Form” insert “or Time to Pay Application”; k for rule 13.5(1) , substitute— 1 A party may apply to have a decision of the sheriff recalled in 5 situations: a where the sheriff dismissed a claim because the claimant did not send the court an Application for a Decision within 2 weeks from the last date for a response, b where the sheriff made a decision because the respondent did not send the court a Response Form or Time to Pay Application by the last date for a response, c where the sheriff dismissed a claim because the claimant did not attend a discussion or hearing, d where the sheriff has made a decision because the respondent did not attend a discussion or hearing, and e where the sheriff dismissed a claim because neither party attended a discussion or hearing. ; l for rule 13.6, substitute— How can a party apply to have a decision of the sheriff recalled? 13.6 1 A party may apply to have a decision of the sheriff recalled by completing an Application to Recall and sending it to the court. 2 If the sheriff made a decision following an Application for a Decision and the respondent wants to dispute the claim or part of the claim, the respondent must include a completed Response Form with the Application to Recall. 3 The sheriff clerk will check whether the Application to Recall is the first Application to Recall in the case by the party making the application. 4 If it is the first Application to Recall by that party, the sheriff must send the parties an order arranging a discussion in court at which the sheriff will consider whether to recall the decision. 5 The party making the application must send a copy of the Application to Recall and any Response Form to the other party at least 5 days before the date of the discussion in court. ; m for rule 15.2(3), substitute— 3 A party who is sent an order arranging a discussion in court at which the sheriff will consider an Application to Recall must not enforce a decision until the sheriff has decided whether to recall the decision. ; n after rule 15.3(7) , insert— 8 Where the Charge is formally served, the sheriff officer is not required to send a Confirmation of Formal Service to the court. ; o in rule 21.1(1), in the meaning corresponding to the word or expression “last date for a response”, for “send a Response Form to the court and to the claimant” substitute “respond to the claim by sending a Response Form to the court and to the claimant, or respond to the claim by sending a Time to Pay Application to the court”. 3 In schedule 2 (forms)— a in Form 2A (lay representation form), in the introduction, for “or the Response Form” substitute “, Response Form or Time to Pay Application”; b in Form 3A (claim form) , in section A5— i for “responding party” substitute “respondent”; ii for “Email” substitute “Online”; c in Form 3D (timetable), in section C, for “send a Response Form to the court and to the claimant” substitute “do one of two things: (a) send a Response Form to the court and to the claimant, or (b) if the respondent wants to admit the claim and ask for time to pay, send a Time to Pay Application to the court”; d for Form 4A (response form) substitute Form 4A set out in schedule 1 of this Act of Sederunt; e for Form 5A (time to pay application) substitute Form 5A set out in schedule 2 of this Act of Sederunt; f in Form 5B (time to pay notice) — i in the introduction— aa for “after the Time to Pay Application is sent” substitute “of it being sent to you”; bb for “dismiss your claim” substitute “decide whether to grant the application without hearing from you”; ii in section A, for “Date of notice” substitute “Date notice sent”; g in Form 6A (notice of claim) , in section B— i for “, if you want to dispute the claim, you must send a completed Response Form to the court and to the claimant” substitute “you must do one of two things: (a) send a Response Form to the court and the claimant, or (b) if you want to admit the claim and ask for time to pay, send a Time to Pay Application to the court”; ii after “how to complete the Response Form” insert “or Time to Pay Application,”; h in Form 7A (application for a decision) — i in the introduction— aa for “responding party” substitute “respondent”; bb after “a Response Form” insert “or Time to Pay Application”; ii in section C, after “Response Form” insert “or Time to Pay Application”; i for Form 13B (application to recall) substitute Form 13B set out in schedule 3 of this Act of Sederunt. 4 In schedule 3 (standard orders) — a in standard order SO1, for “conference” in both places where it occurs substitute “discussion”; b after standard order SO12 insert standard order SO13 set out in schedule 4 of this Act of Sederunt. Saving 3 The amendments made by the following paragraphs of this Act of Sederunt do not apply in a simple procedure case to a decision made before 30th July 2018— a paragraph 2(2)(k), (l) and (m); b paragraph 2(3)(i); c paragraph 2(4)(b). CJM SUTHERLAND Lord President I.P.D. Edinburgh 12th June 2018