The European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001

Scottish Statutory Instruments

2001 No. 172

EUROPEAN COMMUNITIES

The European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001

Made

8th May 2001

Laid before the Scottish Parliament

9th May 2001

Coming into force

31st May 2001

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001 and shall come into force on 31st May 2001.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations–

“the Council Regulation” means Council Regulation (EC) No. 1348/2000 of 29th May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters(2);

“solicitor” shall have the same meaning as in section 4 of the Solicitors (Scotland) Act 1980(3).

Designation of transmitting agencies and receiving agencies

3.  For the purpose of Article 2 of the Council Regulation the following are hereby designated as transmitting agencies and as receiving agencies:–

(a) solicitors approved for that purpose by the Law Society of Scotland; and

(b) messengers-at-arms who are members of the Society of Messengers-at-Arms and Sheriff Officers.

Designation of central body

4.  For the purpose of Article 3 of the Council Regulation the Scottish Ministers are hereby designated as a central body.

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

8th May 2001

Explanatory Note

(This note is not part of these Regulations)

These Regulations designate certain persons for the purposes of Council Regulation (EC) No. 1348/2000 of 29th May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (“the Council Regulation”).

The Regulations designate transmitting agencies and receiving agencies in terms of Article 2 of the Council Regulation (regulation 3), and a central body in terms of Article 3 of the Council Regulation (regulation 4).

The Regulations extend to Scotland only.

(1)

1972 c. 68; section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

O.J. No. L 160, 30.06.00, p.37.

(3)

1980 c. 46