Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Competition Proceedings) 2017

Scottish Statutory Instruments

2017 No. 130

Court Of Session

Sheriff Court

Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Competition Proceedings) 2017

Made

26th April 2017

Laid before the Scottish Parliament

28th April 2017

Coming into force

26th May 2017

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by paragraph 1A of schedule 2 of the European Communities Act 1972(2), sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 2014(3) and all other powers enabling it to do so

This Act of Sederunt makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(4) and it appears to the Court of Session that it is expedient for the references in this Act of Sederunt to Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union(5) to be construed as references to that instrument as amended from time to time.

(1)

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

(2)

1972 (c. 68). Paragraph 1A of schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c. 51), section 28, and amended by the European Union (Amendment) Act 2008 (c. 7), schedule, Part 1.

(3)

2014 asp 18.

(4)

Section 2(2) was amended by the Scotland Act 1998 (c. 46), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c. 51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c. 7), schedule, Part 1.

(5)

OJ L 349, 5.12.2014, p.1.