A new procedural rule will change how certain sheriff court judgments are recorded in Scotland from 30 September 2026. According to legislation.gov.uk, the measure is set out in the Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026, made on 26 August 2026 and laid before the Scottish Parliament on 28 August 2026. The instrument was approved by the Court of Session after draft rules were submitted by the Scottish Civil Justice Council, under the process set out in the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013. In practical terms, it updates the Ordinary Cause Rules 1993, which govern a large share of ordinary civil business in the sheriff court.
The amendment is narrow but operationally important. It changes Chapter 12 of the Ordinary Cause Rules 1993, the chapter dealing with interlocutors, and introduces a new Form O7ZA titled 'form of judgment'. That form must now be used for the note that accompanies certain judgments issued by a sheriff. The legislation's explanatory note states that the purpose is to make provision for the form of the note required under rules 12.3 and 12.4. Those rules cover ex tempore judgments, delivered orally at the time, and reserved judgments, where the decision is issued after the hearing rather than immediately.
The legal text makes three direct amendments. First, it replaces 'extempore' with 'ex tempore' wherever the expression appears in Chapter 12. Secondly, it amends rules 12.3(3) and 12.4(2)(b) so that, after the word 'note', the rules now refer specifically to 'Form O7ZA (form of judgment)'. Thirdly, it inserts the new form into Appendix 1 of the Ordinary Cause Rules 1993. This means the change is not about creating a new type of judgment or altering the legal test applied by the court. It is about prescribing a standard form for recording the court's reasons or decision note in the cases covered by those rules.
For practitioners, the immediate effect is administrative consistency. Solicitors, sheriff court clerks and judicial office-holders will now work from a named and prescribed form when recording ex tempore and reserved judgments under the relevant provisions. That should reduce uncertainty about format and make it easier to identify whether the required note has been completed in the correct way. For court users, the change is less visible but still relevant. A standardised judgment form can improve clarity in the record, support more consistent court papers and assist parties who need to understand exactly what was decided and how that decision has been documented.
The instrument does not indicate any wider policy shift in civil justice, nor does it alter parties' substantive rights in ordinary cause proceedings. Its significance lies in court procedure: a tighter drafting framework, a prescribed document and a clearer reference point in the rules themselves. These smaller procedural revisions often matter because they affect day-to-day court administration more than headline reform measures do. The spelling amendment from 'extempore' to 'ex tempore' is also part of that housekeeping function. On its own, that change is minor. Taken with the introduction of Form O7ZA, it shows an effort to tidy the rules and align terminology and documentation more closely.
The Act of Sederunt was signed by Lord President Paul Cullen in Edinburgh on 26 August 2026. It comes into force on 30 September 2026, and a certified copy is to be inserted in the Books of Sederunt, the formal record of court procedural rules in Scotland. The wider legislative context is also set out in the source text. Chapter 12 of the Ordinary Cause Rules 1993 was previously amended by SSI 2012/188, while Appendix 1 and related forms have been updated on earlier occasions, most recently through SSI 2025/80. This latest instrument therefore sits within an established pattern of periodic technical revision to sheriff court procedure rather than a one-off overhaul.