EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)
This Act of Sederunt makes amendments to the Rules of the Court of Session 1994.
Paragraph 2 makes a number of amendments to the rules in Chapter 69 in relation to election petitions. In particular, it amends the rules so as to include within their scope the provisions of the European Parliamentary Elections Regulations 2004. It also amends the definition of election petition with the effect that any stand-alone petition under section 167 of the Representation of the People Act 1983 or regulation 108 of the 2004 Regulations is to be dealt with under Chapter 14 petition procedure rather than under Chapter 69.
Paragraph 3 makes amendments to the Rules in consequence of the establishment of three new special administration procedures relating to investment banks under the Investment Bank Special Administration Regulations 2011 (S.I. 2011/245). It inserts a new Part XI into Chapter 74 of the Rules.
Paragraph 4 inserts a new Chapter 102 into the Rules. Rule 102.2 sets out a procedure in relation to the notification of orders made by the court which impose reporting restrictions under section 4(2) of the Contempt of Court (Scotland) Act 1981. Rule 102.3 establishes a procedure under which variation or revocation of such an order can be sought.
Paragraph 5 inserts a new Chapter 103 into the Rules, in consequence of the coming into force of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011. Rule 103.2 makes provision in relation to applications for a forced marriage protection order (including applications for leave to make such an application). Rule 103.3 makes provision in relation to applications for variation, recall or extension of such an order.
Paragraph 6 makes amendments to certain rules which refer to provisions in Chapter 41, relating to appeals under statute.