Act of Sederunt
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Act of Sederunt, in Scots law, is an ordinance for regulating the forms of judicial procedure before the Court of Session (the supreme civil court of Scotland), passed by the Lords of Session under authority of a power originally conferred by an act of the Parliament of Scotland in 1540, c. 93. The power to pass acts of sederunt was reconfirmed by the Parliament of the United Kingdom in the Court of Session Act 1988. [1] Further powers have been added to regulate the civil procedures of the Sheriff Courts of Scotland by the Sheriff Courts (Scotland) Act 1971, along with powers to set fees for Messengers-at-arms and Sheriff officers who are responsible for serving writs, decrees and diligences in Scotland.[2][3][4]
A quorum of nine judges is required to pass an act of Sederunt.[5] Sederunt is a term used for the meeting or session of a court.[6]
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[edit] Purposes of acts of sederunt
The Court of Session 1988 has an exhaustive list of how the court may regulate procedure and allocate business via acts of sederunt. The fees for Messengers-at-Arms (court officers), solicitors practising before the court, timings of certain appeals, the form of summons, writs, petitions, etc. are examples of procedures regulated by these acts. They also determine certain business which should be laid on the respective rolls and before the Inner House or Outer House, and laying certain powers of trustees.[7]
[edit] Rules of the Court of Session
Rules for the functioning of the Court of Session are generally decided upon by the Rules Council of the Court, which was instituted by the Administration of Justice (Scotland) Act 1933 and reconfirmed by the Court of Session Act 1988. The Council consists of the Lord President of the Court of Session (ex officio), two other Lords of Session appointed by the Lord President, five advocates appointed by the Faculty of Advocates, and five solicitors appointed by the Council of the Law Society of Scotland. They formulate rules and pass them to the Court as an Act of Sederunt for approval.[8]
[edit] Rules of the Sheriff courts
Rules for the functioning of civil procedure in the Sheriff courts are recommended by the Sheriff Courts Rules Council, which was instituted by the Sheriff Courts (Scotland) Act 1971. This Council's membership is comprises: two sheriffs principal, three sheriffs, one advocate, five solicitors, two (whole-time) sheriff clerks and two further members, all appointed by the Lord President and a further member appointed by the Scottish Ministers.
[edit] Enacting formulae
Acts of Sederunt, link other legislation in the United Kingdom, is introduced by enacting formulae. Those for the regulation of procedure in the Court of Session begin:
| “ | 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 and of all other powers enabling them in that behalf, do hereby enact and declare::-[9][10] | ” |
Those for the regulation of procedure in the Sheriff courts begin:
| “ | The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:[11][12][13] | ” |
Those for setting the fees of Messengers-at-arms are enacted:
| “ | The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 6 of the Execution of Diligence (Scotland) Act 1926, section 5 of the Court of Session Act 1988 and of all other powers enabling them in that behalf, with the concurrence of the Lord Lyon King of Arms do hereby enact and declare::[14][15] | ” |
Those for setting the fees of Sheriff officers are enacted:
| “ | The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40 of the Sheriff Courts (Scotland) Act 1907, section 6 of the Execution of Diligence (Scotland) Act 1926 and of all other powers enabling them in that behalf, do hereby enact and declare:[16][17] | ” |
[edit] References
- ^ Court of Session Act 1988: Part I Constitution and Administration of the Court. Office of Public Sector Information. Retrieved on 2007-11-22.
- ^ Powers to regulate civil procedure in the Sheriff courts: Sheriff Courts (Scotland) Act 1971. UK Statute Law Database. Retrieved on 2007-11-26.
- ^ The Court of Session may from time to time, by Act of Sederunt, make such regulations, for regulating the fees of agents: Section 40 of the Sheriff Courts (Scotland) Act 1907. UK Statute Law Database. Retrieved on 2007-11-26.
- ^ Powers of messengers-at-arms, sheriff officers and power to set fees: Execution of Diligence (Scotland) Act 1926. UK Statute Law Database. Retrieved on 2007-11-26.
- ^ Encyclopdia Britannica, 14th Edition: Act of Sederunt. Online Encydlopedia. Retrieved on 2007-11-21.
- ^ Dictionary of Difficult Words: Sederunt. Dictionary of Difficult Words. Retrieved on 2007-11-21.
- ^ Court of Session Act 1988: Part II General Powers of the Court in Relation to Procedure. Office of Public Sector Information. Retrieved on 2007-11-22.
- ^ Membership and powers: Court of Session Rules Council. Scottish Courts Service. Retrieved on 2007-11-22.
- ^ Enacting formula for regulatory acts for the Court of Session: Act of Sederunt (Rules of the Court of Session Amendment No. 7) (Judicial Factors) 1997 (No. 1720 (S.129)). UK Statute Law Database. Retrieved on 2007-11-24.
- ^ Power to regulate procedure etc. by act of sederunt: Section 5 of the Court of Session Act 1988. Office of Public Sector Information. Retrieved on 2007-11-24.
- ^ Enacting formula for regulatory acts of the Sheriff courts: "Subject to the provisions of this section, the Court of Session may by act of sederunt regulate and prescribe the procedure and practice to be followed in any civil proceedings in the sheriff court": Sheriff Courts (Scotland) Act 1971: Section 32. UK Statute Law Database. Retrieved on 2007-11-26.
- ^ Functions of the Sheriff Courts Rules Council: Sheriff Courts (Scotland) Act 1971: Section 34. UK Statute Law Database. Retrieved on 2007-11-26.
- ^ Enacting formula for regulating procedure in the Sheriff courts: Act of Sederunt (Sheriff Court Caveat Rules) 2006. Office of Public Sector Information. Retrieved on 2007-11-26.
- ^ Power to regulate procedure etc. by act of sederunt: Section 5 of the Court of Session Act 1988. Office of Public Sector Information. Retrieved on 2007-11-24.
- ^ Powers of messengers-at-arms, sheriff officers and power to set fees: Execution of Diligence (Scotland) Act 1926. UK Statute Law Database. Retrieved on 2007-11-26.
- ^ Enacting formula for fees of Sheriff officers: Act of Sederunt (Fees of Messengers-at-Arms) 2004. Office of Public Sector Information. Retrieved on 2007-11-26.
- ^ The Court of Session may from time to time, by Act of Sederunt, make such regulations, for regulating the fees of agents: Section 40 of the Sheriff Courts (Scotland) Act 1907. UK Statute Law Database. Retrieved on 2007-11-26.
