Act of Sederunt (Rules of the Court of Session Amendment No. 8) (Miscellaneous) 2007

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

“(3)

In this rule, a “business day” means any day other than a Saturday, Sunday, or public holiday as directed by the Lord President of the Court of Session.”.

“(3)

For the purposes of paragraph (2) above, the Commission for Equality and Human Rights shall be regarded as directly affected by an issue raised where it has, in relation to that issue, title and interest by virtue of section 30(2) of the Equality Act 20068.”.

“(1)

In this Chapter–

“the Act of 1985” means the Bankruptcy (Scotland) Act 198510;

“the Council Regulation” means Council Regulation (E.C.) No. 1346/2000 of 29th May 2000 on insolvency proceedings as it may be amended from time to time11;

“centre of main interests” has the same meaning as in the Council Regulation;

“establishment” has the same meaning as in Article 2(h) of the Council Regulation;

“main proceedings” means proceedings opened in accordance with Article 3(1) of the Council Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Council Regulation and–

(a)

in relation to England and Wales and Scotland, set out in Annex A to the Council Regulation under the heading “United Kingdom”; and

(b)

in relation to another Member State, set out in Annex A to the Council Regulation under the heading relating to that Member State;

“Member State” means a Member State of the European Community that has adopted the Council Regulation;

“territorial proceedings” means proceedings opened in accordance with Article 3(2) and 3(4) of the Council Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Council Regulation and–

(a)

in relation to England and Wales and Scotland, set out in Annex A to the Council Regulation under the heading “United Kingdom”; and

(b)

in relation to another Member State, set out in Annex A to the Council Regulation under the heading relating to that Member State;”.

“Application of the Council Regulation72.1A.

A petition for sequestration to which section 12 of the Act of 1985 (petition for sequestration of debtor’s estate) applies shall include averments stating the basis for jurisdiction under the Council Regulation, in particular stating, so far as known to the petitioner–

(a)

where the centre of main interests of the debtor is and whether the debtor has any other establishments in another Member State; and

(b)

whether there are insolvency proceedings elsewhere in respect of the debtor and whether those proceedings are main or territorial.”.

“(j)

in the case of a petition under the Act of 198615, jurisdiction under the Council Regulation, in particular stating, so far as known to the petitioner–

(i)

where the centre of main interests of the company is and whether the company has any other establishments in another Member State; and

(ii)

whether there are insolvency proceedings elsewhere in respect of the company and whether those proceedings are main or territorial proceedings;”.

“(a)

to the Secretary of State for Business, Enterprise and Regulatory Reform; or”.

“CHAPTER 94INTERVENTIONS BY THE COMMISSION FOR EQUALITY AND HUMAN RIGHTS

Interpretation94.1.

In this Chapter, “the CEHR” means the Commission for Equality and Human Rights.

Intervention by the CEHR in proceedings94.2.

(1)

The CEHR may apply to the court for leave to intervene in proceedings in accordance with this Chapter.

(2)

An application under paragraph (1) above may be made in relation to any proceedings (including a petition for judicial review or an appeal in connection with such a petition).

(3)

This Chapter is without prejudice to–

(a)

rule 58.8 (application by compearing party to enter process of a judicial review); and

(b)

any other entitlement of the CEHR, by virtue of having title and interest in relation to the subject matter of any proceedings by virtue of section 30(2) of the Equality Act 2006 or any other enactment, to seek to be sisted as a party in those proceedings.

(4)

Nothing in this Chapter shall affect the power of the court to make such other direction as it considers appropriate in the interests of justice.

(5)

Any decision of the court in proceedings under this Chapter shall be final and not subject to review.

Application to intervene94.3.

(1)

An application for leave to intervene shall be by way of a minute of intervention in Form 94.3, and the CEHR shall–

(a)

send a copy of it to all the parties; and

(b)

lodge it in process, certifying that sub paragraph (a) above has been complied with.

(2)

A minute of intervention shall set out briefly–

(a)

the CEHR’s reasons for believing that the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b)

the issue in the proceedings which the CEHR wishes to address; and

(c)

the propositions to be advanced by the CEHR and the CEHR’s reasons for believing that they are relevant to the proceedings and that they will assist the court.

(3)

The court may–

(a)

refuse leave without a hearing;

(b)

grant leave without a hearing unless a hearing is requested under paragraph (4) below; or

(c)

refuse or grant leave after such a hearing.

(4)

A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (5)(c) below, may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.

(5)

Any diet in pursuance of paragraph (4) shall be fixed by the Keeper of the Rolls who shall give written intimation of the diet to the CEHR and all the parties.

(6)

The court may grant leave only if satisfied that–

(a)

the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b)

the propositions to be advanced by the CEHR are relevant to the proceedings and are likely to assist the court; and

(c)

the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.

(7)

In granting leave, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(8)

The clerk of court shall give written intimation of a grant or refusal of leave to the CEHR and all the parties.

Form of intervention94.4.

(1)

An intervention shall be by way of a written submission which (including any appendices) does not exceed 5000 words.

(2)

The CEHR shall lodge the submission and send a copy of it to all the parties by such time as the court may direct.

(3)

The court may in exceptional circumstances–

(a)

allow a longer written submission to be made;

(b)

direct that an oral submission is to be made.

(4)

Any diet in pursuance of paragraph (3)(b) shall be fixed by the Keeper of the Rolls who shall give written intimation of the diet to the CEHR and all the parties.”.