Act of Sederunt (Rules of the Court of Session 1994) 1994

PART VI REGISTRATION UNDER THE MERCHANT SHIPPING (LINER CONFERENCES) ACT 1982

Application and interpretation of this Part

62.43.—(1) This part applies to an application under section 9 of the Merchant Shipping (Liner Conferences) Act 1982(1) (recognition and enforcement of recommendations, etc., of conciliators).

(2) In this Part, “the Liner Conferences Act” means the Merchant Shipping (Liner Conferences) Act 1982.

Applications for registration under the Liner Conferences Act

62.44.—(1) An application under–

(a) section 9(1)(b) of the Liner Conferences Act (application for registration for enforcement of a recommendation, determination or award), or

(b) section 9(3) of that Act (application for registration for enforcement of a determination of costs),

shall be made by petition.

(2) A petition under section 9(1)(b) of the Liner Conferences Act shall include averments in relation to–

(a) the reasons for the petition; and

(b) where appropriate, the limited extent to which the recommendation is enforceable under section 9(2) of that Act.

(3) There shall be produced with the petition–

(a) a certified copy of the recommendation, the reasons for the recommendation and the record of settlement;

(b) a copy of the acceptance of the recommendation by the parties on whom it is binding.

(4) There shall be produced with a petition under section 9(3) of the Liner Conferences Act a certified copy of the determination of costs.

Warrant for registration under the Liner Conferences Act

62.45.  The court, on being satisfied that the recommendation, determination or award may be registered, shall pronounce an interlocutor granting warrant for registration of the recommendation, determination or award, as the case may be.

Registration under the Liner Conferences Act

62.46.—(1) Where the court pronounces an interlocutor under rule 62.45 granting warrant for registration–

(a) the Deputy Principal Clerk shall enter the warrant in the register of recommendations, deter-minations and awards to be registered under section 9 of the Liner Conferences Act; and

(b) the petitioner shall serve a copy of the interlocutor containing such warrant on the party against whom the recommendation, determination or award may be enforced.

(2) On presentation by the petitioner to the Keeper of the Registers of–

(a) a certified copy of the interlocutor under rule 62.45 granting warrant for registration,

(b) a certified copy of the recommendation, determination or award to be registered and any translation of it, and

(c) where necessary, a certificate of currency conversion under rule 62.2(2),

they shall be registered in the register of judgments of the Books of Council and Session.

(3) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered recommendation, determination or award, as the case may be, with a warrant for execution.

(1)

1982 c. 37.