Scotland's sheriff court rules will change on 5 October 2026 under the Act of Sederunt (Summary Cause Rules 2002 Amendment) (Domestic Abuse (Protection) (Scotland) Act 2021) 2026. The instrument was made on 3 September 2026 and laid before the Scottish Parliament on 4 September 2026. According to the text published on legislation.gov.uk, the amendment updates the Summary Cause Rules 2002 so that courts have specific forms for tenancy actions linked to domestic abuse. The measure is technical in form, but it gives the 2021 statutory scheme a workable route through day-to-day sheriff court procedure.
The legal route is set out clearly in the instrument. A draft prepared by the Scottish Civil Justice Council was approved by the Court of Session under the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013, and the rules were then made under section 104(1) of the Courts Reform (Scotland) Act 2014 and related powers. That procedural history matters because the change sits within court rule administration rather than a fresh policy announcement. The explanatory note states that the amendment is made in consequence of section 22 of the Domestic Abuse (Protection) (Scotland) Act 2021. In practice, the 2026 rules translate that earlier Act into forms and decrees that can be used in court.
One new summons form applies where a landlord seeks recovery of possession from a sole tenant who has engaged in behaviour that is abusive of a partner or ex-partner. The explanatory note states that this route is intended to let the landlord grant a new tenancy to the partner or ex-partner who is the victim of that abuse. This is a significant operational point. The procedure is designed not only to remove an abusive tenant from the tenancy, but also to support continuity of housing for the person affected by the abuse. The rule change therefore connects domestic abuse protection with housing management in a direct and practical way.
A second new summons form deals with joint tenancies. In those cases, the landlord may apply for an order terminating one joint tenant's interest in a Scottish secure tenancy where that tenant has engaged in abusive behaviour towards a partner or ex-partner who is also a joint tenant. The distinction is important. Rather than requiring the whole tenancy to be brought to an end, the procedure allows the court to consider removing the abusive tenant's legal interest while leaving the other tenant's position intact. According to the legislation.gov.uk note, that is the specific purpose of the new form.
The amendment makes several targeted changes to the Summary Cause Rules 2002. Rule 4.1 is altered so that summonses can use new Forms 3za and 3zb, and rule 23.6 is updated so that references to extracts of decree now include new Form 28l. Appendix 1 is also expanded to insert the new forms formally into the rules. Those drafting changes may appear minor, but standard forms carry real procedural weight. They shape how claims are framed, how the court records the outcome and how the decree is extracted in cases based on paragraph 15A of schedule 2 to the Housing (Scotland) Act 2001.
The new Form 28l is especially important for post-judgment administration. The instrument prescribes it as the form of extract decree for proceedings that either recover possession or terminate a joint tenant's interest where the ground is abusive behaviour towards a partner or ex-partner. For landlords, solicitors, housing officers and advisers, the practical message is straightforward: from 5 October 2026, cases brought under this ground will need to follow the amended paperwork. For people affected by domestic abuse, the broader effect is that a protection created in statute now has clearer court process behind it.