2022 No. 329

Court Of Session
Sheriff Court

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Civil Protection Measures (EU Exit)) 2022

Made

Laid before the Scottish Parliament

Coming into force

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 20131, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 20142, sections 2(1) and 3(1) of the Protection of Abuse (Scotland) Act 20013 and all other powers enabling it to do so.

Citation and commencement, etc.1

1

This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Civil Protection Measures (EU Exit)) 2022.

2

It comes into force on 1st December 2022.

3

A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session 19942

1

The Rules of the Court of Session 19944 are amended in accordance with this paragraph.

2

In rule 4.2 (signature of documents)5, omit paragraph (3)(f).

3

In rule 106.1 (interpretation)—

a

omit the definition of “Article 5 certificate”;

b

omit the definition of “Article 14 certificate”;

c

in the definition of “incoming protection measure”, for “Member State other than the United Kingdom or Denmark” substitute “participating Member State”;

d

for the definition of “Member State”, substitute—

  • “MRP Regulation” has the meaning given by Article 3(5A) of the Regulation6;

  • “participating Member State” has the meaning given by Article 3(5) of the Regulation7;

4

Omit rules 106.2 (form of application for Article 5 certificate) to 106.8 (issue of Article 14 certificate).

5

In rule 106.11 (attachment of power of arrest to incoming protection measure)—

a

in paragraph (2)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”;

b

in paragraph (3)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”.

6

In the appendix (forms)8—

a

omit Forms 106.2 to 106.7;

b

in Form 106.10-A—

i

for “ Member State of origin” substitute “participating Member State”;

ii

for “the United Kingdom” substitute “Scotland”;

c

in Form 106.10-B—

i

for “ Member State of origin” substitute “participating Member State”;

ii

for “the United Kingdom” substitute “Scotland”.

Amendment of the Ordinary Cause Rules 19933

1

The Ordinary Cause Rules 19939 are amended in accordance with this paragraph.

2

Omit Chapter 52 (mutual recognition of protection measures in civil measures)10.

3

In appendix 1 (forms), omit Forms 52.2 to 52.711.

Amendment of the Summary Application Rules 19994

1

Part XLV (mutual recognition of protection measures in civil matters) of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 199912 is amended in accordance with this paragraph.

2

In rule 3.45(1) (interpretation)—

a

omit—

i

the definitions from “2015 Act” to “Article 14 certificate”;

ii

the definitions from “interim risk of sexual harm order” to “interim trafficking and exploitation risk order”;

iii

“risk of sexual harm order”;

iv

“sexual offences prevention order”;

v

“trafficking and exploitation prevention order”;

vi

“trafficking and exploitation risk order”.

b

in the definition of “incoming protection measure”, for “Member State other than the United Kingdom or Denmark” substitute “participating Member State”;

c

for the definition of “Member State” substitute—

  • “MRP Regulation” has the meaning given by Article 3(5A) of the Regulation13;

  • “participating Member State” has the meaning given by Article 3(5) of the Regulation14;

3

Omit rules 3.45.2 (application of rules 3.45 to 3.45.9) to 3.45.9 (issue of Article 14 certificate).

4

In rule 3.45.12 (attachment of power of arrest to incoming protection measure)—

a

in paragraph (2)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”;

b

in paragraph (3)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”.

5

In schedule 1 (forms)15—

a

omit Forms 61 to 64;

b

in Form 65—

i

for “ Member State of origin” substitute “participating Member State”;

ii

for “the United Kingdom” substitute “Scotland”;

c

in Form 66—

i

for “ Member State of origin” substitute “participating Member State”;

ii

for “the United Kingdom” substitute “Scotland”.

CJM SUTHERLANDLord PresidentI.P.D.Edinburgh
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, the Ordinary Cause Rules 1993 and the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“Summary Application Rules”), following upon the United Kingdom leaving the European Union on 31st December 2020, and in consequence of Part 1 and 2 of the Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (“the 2022 Regulations”).

The 2022 Regulations amend Regulation (EU) No. 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matters as it has effect in Scotland (“EU Regulation”). The 2022 Regulations revoke those parts of the EU Regulation that would have previously enabled persons protected by protection measures granted in the Court of Session or the sheriff court to apply to have those measures applied and enforced in Member States. The parts of the EU Regulation concerned with the recognition and enforcement in Scotland of protection measures granted in Member States are retained.

Paragraph 2 amends rule 4.2, Chapter 106 and revokes Forms 106.2 to 106.7 in the appendix of the Rules of the Court of Session 1994 in consequence of amendments made to the EU Regulation by the 2022 Regulations.

Paragraph 3 revokes Chapter 52, and Forms 52.2 to 52.7 in the appendix, of the Ordinary Cause Rules 1993 in consequence of amendments made to the EU Regulation by the 2022 Regulations.

Paragraph 4 amends Part XLV, and revokes Forms 61 to 64 in schedule 1, of the Summary Application Rules in consequence of the amendments made to the EU Regulation by the 2022 Regulations.