Act of Sederunt (Rules of the Court of Session 1994) 1994 No. 1443 (S. 69)

SCHEDULE 2 S THE RULES OF THE COURT OF SESSION 1994

Other proceedings in relation to statutory applications S

CHAPTER 70 S APPLICATIONS UNDER THE CHILD ABDUCTION AND CUSTODY ACT 1985

PART II S INTERNATIONAL CHILD ABDUCTION (THE HAGUE CONVENTION)

Transfer of causes S

70.8.—(1) At any stage of a cause mentioned in paragraph (1) of rule 70.5, the court may, at its own instance or on the motion of any party, pronounce an interlocutor transmitting the cause to the High Court in England and Wales or Northern Ireland, or the appropriate court of a [F1 relevant territory], as the case may be.

(2) Where a cause is transferred under paragraph (1), the Deputy Principal Clerk shall–

(a) transmit the process to the appropriate officer of the High Court in England and Wales or Northern Ireland, or the appropriate court of a [F2 relevant territory], as the case may be;

(b) give written intimation of such transfer to each party; and

(c) certify on the interlocutor sheet that such written intimation has been given.

(3) Where a cause is transferred under paragraph (1), the question of expenses shall not be determined by the court, but shall be at the discretion of the court to which the cause is transferred.

(4) Where such a cause is transferred to the court from the High Court in England and Wales or Northern Ireland, or the appropriate court of a [F3 relevant territory]–

(a) the Deputy Principal Clerk shall, on receipt of the order transferring the cause and any documents in the cause, give written intimation to each party of the transfer;

(b) the cause shall be deemed to have been commenced by petition; and

(c) the Deputy Principal Clerk shall, within two sederunt days of the receipt of it, cause it to be put out on the By Order Roll before the Lord Ordinary.

Textual Amendments

F1 Words in Sch. 2 rule 70.8(1) substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(37)(a)

F2 Words in Sch. 2 rule 70.8(2)(a) substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(37)(b)

F3 Words in Sch. 2 rule 70.8(4) substituted (5.8.1996) by Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996 (S.I. 1996/1756), paras. 1(1), 2(37)(c)

Commencement Information

I1 Sch. 2 rule 70.8 in force at 5.9.1994, see para. 1(1)