Act of Sederunt (Rules of the Court of Session Amendment No. 8) (Miscellaneous) 2005

Explanatory Note

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

This Act of Sederunt makes amendments to the Rules of the Court of Session 1994 (S.I. 194/1443) (“the Rules”).

Paragraph 2(2) introduces new rules consequential upon the introduction of Regulation (E.C.) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims. The new rules create a procedure for certifying certain judgments as European Enforcement Orders and enforcing European Enforcement Orders in Scotland.

Paragraph 2(3) makes a minor amendment to the Rules on preparing a case for a reference to the European Court of Justice.

Paragraph 2(4) amends Part VI of Chapter 74 on the disqualification of company directors by inserting a reference to disqualification undertakings.

Paragraph 2(5) amends the Rules on applications in civil recovery proceedings under the Proceeds of Crime Act 2002 consequent upon the amendment of that Act by the Serious and Organised Crime and Police Act 2005 (c. 15).

Paragraph 2(6) introduces a new Chapter 92 into the Rules consequential upon the Inquiries Act 2005 (c. 12).

Paragraph 2(7) omits the guidance of the Court of Justice of the European Communities from Form 65.3 in the appendix to the Rules.