Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2010

r

an action for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of section 7(9) of the Domicile and Matrimonial Proceedings Act 19735.

vi

for declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of section 7(9) of the Domicile and Matrimonial Proceedings Act 1973;

PART XVIACTION FOR DECLARATOR OF RECOGNITION OR NON-RECOGNITION OF A FOREIGN DECREE

Action for declarator in relation to certain foreign decrees49.91

1

This rule applies to an action for declarator of recognition, or non-recognition, of a decree of divorce, nullity or separation granted outwith a member state of the European Union.

2

In an action to which this rule applies, the pursuer shall state in the condescendence of the summons—

a

the court, tribunal or other authority which granted the decree;

b

the date of the decree of divorce, annulment or separation to which the action relates;

c

the date and place of the marriage to which the decree of divorce, nullity or separation relates;

d

the basis on which the court has jurisdiction to entertain the action;

e

whether to the pursuer’s knowledge any other proceedings whether in Scotland or in any other country are continuing in respect of the marriage to which the action relates or are capable of affecting its validity or subsistence; and

f

where such proceedings are continuing—

i

the court, tribunal or authority before which the proceedings have been commenced;

ii

the date of commencement;

iii

the names of the parties; and

iv

the date, or expected date of any proof (or its equivalent), in the proceedings.

3

Where—

a

such proceedings are continuing;

b

the action in the Court of Session is defended; and

c

either—

i

the summons does not contain the statement referred to in paragraph (2)(e), or

ii

the particulars mentioned in paragraph (2)(f) as set out in the summons are incomplete or incorrect,

any defences or minute, as the case may be, lodged by any person to the action shall include that statement and, where appropriate, the further or correct particulars mentioned in paragraph (2)(f).

4

Unless the court otherwise directs, a declarator of recognition, or non-recognition, of a decree under this rule shall not be granted without there being produced with the summons—

a

the decree in question or a certified copy of the decree;

b

the marriage extract or equivalent document to which the action relates.

5

Where a document produced under paragraph (4)(a) or (b) is not in English it shall, unless the court otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit.

6

For the purposes of this rule, proceedings are continuing at any time after they have commenced and before they are finally disposed of.

b

rule 62.69(2)(b) (certificate under Article 39 of the Council Regulation) shall not apply.

2

A caveat shall not be lodged against an order for intimation, service and advertisement of a petition for—

a

a bank insolvency order under rule 74.35;

b

a bank administration order under rule 74.45;

c

a building society special administration order under rule 74.51; or

d

a building society insolvency order under rule 74.52.

i

an administration order, bank administration order, building society special administration order, winding up order, bank insolvency order or building society insolvency order has been made, or a resolution for a voluntary winding up has been passed, with respect to it,

PART XBUILDING SOCIETY INSOLVENCY PROCEDURE

Application of rules to building society insolvency74.52

1

Subject to paragraph (3), Part VII of this Chapter applies to an application mentioned in paragraph (2) as it applies to an application for a bank insolvency order.

2

An application referred to in paragraph (1) is an application for a building society insolvency order under the Act of 2009, as that Act is applied and modified by section 90C of the Building Societies Act 198614 and the Building Societies (Insolvency and Special Administration) Order 200915.

3

In the application of Part VII of this Chapter under paragraph (1)—

a

references to the Bank Insolvency Rules shall be read as references to the Building Society Insolvency (Scotland) Rules 201016;

b

references to a rule in the Bank Insolvency Rules shall be read as references to the corresponding rule in the Building Society Insolvency (Scotland) Rules 2010;

c

references to the Act of 2009 shall be read as references to the Act of 2009, as applied and modified by section 90C of the Building Societies Act 1986 and the Building Societies (Insolvency and Special Administration) Order 2009; and references to specific provisions in the Act of 2009 shall be read accordingly;

d

references to any Part or provision of the Act of 1986 that is not applied by Part 2 of the Act of 2009 shall be read as references to that Part or provision as applied and modified by section 90A of, and Schedule 15A to, the Building Societies Act 198617;

e

references to “bank” shall be read as references to “building society”;

f

references to “bank administration” shall be read as references to “building society special administration”;

g

references to “bank administrator” shall be read as references to “building society special administrator”;

h

references to “bank insolvency order” shall be read as references to “building society insolvency order”;

i

references to “bank liquidator” shall be read as references to “building society liquidator”;

j

rule 74.36(1)(a)(iv) (intimation, service and advertisement) shall be disregarded; and

k

in rule 74.36(1)(a)(vii), the reference to “section 120 of the Act of 2009” shall be read as a reference to “section 90D of the Building Societies Act 198618”.

4

The following rules shall, with the necessary modifications, apply in relation to building society insolvency procedure as they apply in relation to bank insolvency procedure:—

• rule 74.1 (application and interpretation of Chapter 74),

  rule 74.2 (proceedings before insolvency judge),

  rule 74.3 (notices and reports etc. sent to the court)..