2007 No. 440
SHERIFF COURT

Act of Sederunt (Sheriff Court Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Council Regulation (EC) No. 1348 of 2000 Extension to Denmark) 2007

Made
Coming into force
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711, and, these rules making provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appearing to the Lords of Council and Session that it is expedient for the reference to Council Regulation (EC) No. 1348/2000 of 29th May 2000 on service in the Member States of judicial and extrajudicial documents in civil and commercial matters to be construed as a reference to that instrument as amended from time to time, under and by virtue of the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 19722, and under and by virtue of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Citation and commencement1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Ordinary Cause, Summary Application, Summary Cause and Small Claims Rules) Amendment (Council Regulation (EC) No. 1348 of 2000 Extension to Denmark) 2007 and shall come into force on 9th October 2007.

(2)

This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Sheriff Court Ordinary Cause Rules2.

(1)

The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 19073 shall be amended in accordance with the following sub-paragraph.

(2)

For rule 5.5(8) (service on persons furth of Scotland)4 there shall be substituted the following:–

“(8)

In this rule “the Council Regulation” means Council Regulation (EC) No. 1348/2000 of 29 May 2000 on service in the Member States of judicial and extrajudicial documents in civil or commercial matters as amended from time to time and as applied by the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters5;”.

Amendment of the Summary Application Rules3.

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19996 shall be amended in accordance with the following sub-paragraph.

(2)

For rule 2.12(8) (service on persons furth of Scotland)7 there shall be substituted the following:–

“(8)

In this rule “the Council Regulation” means Council Regulation (EC) No. 1348/2000 of 29 May 2000 on service in the Member States of judicial and extrajudicial documents in civil or commercial matters as amended from time to time and as applied by the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters;”.

Amendment of the Summary Cause Rules4.

(1)

The Summary Cause Rules in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 20028 shall be amended in accordance with the following sub-paragraph.

(2)

For rule 5.7(14) (service on persons outwith Scotland)9 there shall be substituted the following:–

“(14)

In this rule “the Council Regulation” means Council Regulation (EC) No. 1348/2000 of 29 May 2000 on service in the Member States of judicial and extrajudicial documents in civil or commercial matters as amended from time to time and as applied by the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters;”.

Amendment of the Small Claim Rules5.

(1)

The Small Claim Rules in Schedule 1 to the Act of Sederunt (Small Claim Rules) 200210 shall be amended in accordance with the following sub-paragraph.

(2)

For rule 6.5(15) (service on persons outwith Scotland)11 there shall be substituted the following:–

“(15)

In this rule “the Council Regulation” means Council Regulation (EC) No. 1348/2000 of 29 May 2000 on service in the Member States of judicial and extrajudicial documents in civil or commercial matters as amended from time to time and as applied by the Agreement of 19 October 2005 between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters;”.

A C HAMILTON
Lord President I.P.D.

Edinburgh

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes various amendments to the rules applicable in the sheriff court relating to the service of documents on persons outwith Scotland. Those amendments are consequential upon the extension of Council Regulation (EC) No. 1348/2000 of 29th May 2000 on service in the Member States of judicial and extrajudicial documents in civil or commercial matters to the Kingdom of Denmark by an Agreement between the European Community and the Kingdom of Denmark dated 19th October 2005 and coming into force on 1st July 2007.

In particular, amendments are made to each of the Ordinary Cause Rules, the Summary Application, Statutory Applications and Appeals etc. Rules, the Summary Cause Rules and the Small Claim Rules.