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Act of Sederunt (Evidence of Judgments etc.) (Human Rights Act 1998) 2000

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Scottish Statutory Instruments

2000 No. 314

SHERIFF COURT

Act of Sederunt (Evidence of Judgments etc.) (Human Rights Act 1998) 2000

Made

7th September 2000

Coming into force

2nd October 2000

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 32 of the Sheriff Courts (Scotland) Act 1971(1), 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 that Act, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Evidence of Judgments etc.) (Human Rights Act 1998) 2000 and shall come into force on 2nd October 2000.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Evidence of judgments etc

2.—(1) Evidence of any judgment, decision, declaration or opinion of which account has to be taken by the court under section 2 of the Human Rights Act 1998(2) shall be given by reference to any authoritative and complete report of the said judgment, decision, declaration or opinion and may be given in any manner.

(2) Evidence given in accordance with paragraph (1) shall be sufficient evidence of that judgment, decision, declaration or opinion.

RODGER OF EARLSFERRY

Lord President, I.P.D.

Edinburgh

7th September 2000

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt provides for the manner in which evidence is to be given of any judgment, decision, declaration or opinion of another court or tribunal, of which the Court hearing the matter at issue is required to take account by virtue of section 2 of the Human Rights Act 1998 (rule 2).

(1)

1971 c. 58. Section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4) and the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2).

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