Statutory Instruments of the Scottish Parliament

(a) the pursuer's [or, as the case may be, the deceased's] earnings, both gross and net of income tax and employee National Insurance Contributions, over the said period;

(b) the period or periods of the pursuer's [or, as the case may be, the deceased's] absence from employment over the said period and the reason for absence;

(c) details of any increases in the rate paid over the period (specify dates) and the dates on which any such increases took effect;

(d) the effective date of, the reasons for and the terms (including any terms relative to any pension entitlement) of the termination of the pursuer's [or, as the case may be, the deceased's] employment;

(e) the nature and extent of contributions (if any) to any occupational pension scheme made by the pursuer [or, as the case may be, the deceased] and his employer;

(f) the pursuer's present entitlement (if any) to occupational pension and the manner in which said entitlement is calculated.

     5. All accident reports, memoranda or other written communications made to the defender or anyone on his behalf by an employee of the defender who was present at or about the time at which the pursuer [or, as the case may be, the deceased] sustained the injuries in respect of which the summons in this cause was issued and relevant to the matters contained in the statement of claim.

     6. Any assessment current at the time of the accident referred to in the summons or at the time of the circumstances referred to in the summons giving rise to the cause of action (as the case may be) undertaken by or on behalf of the defender for the purpose of regulation 3 of the Management of Health and Safety at Work Regulations 1992 and subsequently regulation 3 of the Management of Health and Safety at Work Regulations 1999 in order that excerpts may be taken therefrom at the sight of the Commissioner of all entries relating to the risks posed to workers.

     7. Failing principals, drafts, copies or duplicates of the above or any of them.

(Signature, name and business address of the agent for the pursuer.)

NOTES

    (1) The documents recovered will be considered by the parties to the action and they may or may not be lodged in the court process. A written receipt will be given or sent to you by the pursuer, who may thereafter allow them to be inspected by the other parties. The party in whose possession the documents are will be responsible for their safekeeping.

    (2) Parties are obliged by the rules of court to return the documents to you when their purpose with the documents is finished. If they do not, you will be entitled to apply to the court, under rule 35.3(9) of the Rules of the Court of Session 1994, for an order to have this done and you may apply for an award of expenses incurred in doing so. Further information about this can be obtained from the General Department, Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ (Tel. 0131-225-2595).

    (3) If you claim that any of the documents produced by you are confidential, you must still produce such documents but may place them in a separate sealed packet by themselves, marked "CONFIDENTIAL". In that event they must be delivered or sent by post to the Deputy Principal Clerk of Session, 2 Parliament Square, Edinburgh, EH1 1RQ. Any party who wishes to open the sealed packet must apply to the court by motion. A party who makes such an application must intimate the motion to you.

    (4) Subject to paragraph (3) above, you may produce these documents by sending them by registered post or by the first class recorded delivery service or registered postal packet, or by hand to (name and address of the agent for the pursuer).

CERTIFICATE

(Date)

I hereby certify with reference to the above order of the Court of Session in the cause (cause reference number) and the enclosed specification of documents, served on me and market respectively X and Y:-

    (1) That the documents which are produced and which are listed in the enclosed inventory signed by me and marked Z, are all the documents in my possession falling within the specification,

or

That I have no documents in my possession falling within the specification.

    (2) That, to the best of my knowledge and belief, there are in existence other documents falling within the specification, but not in my possession. These documents are as follows: - (describe them by reference to the descriptions of documents in the specification). They were last seen by me on or about (date), at (place), in the hands of (name and address of the person),

or

That I know of the existence of no documents in the possession of any person, other than myself, which fall within the specification.

(Signed)

(Name and address)