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Scottish Statutory Instruments

2017 No. 202

Court Of Session

Sheriff Court

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Regulation (EU) 2015/848) 2017

Made

14th June 2017

Laid before the Scottish Parliament

16th June 2017

Coming into force

26th June 2017

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 5 of the Judicial Factors (Scotland) Act 1880(2), paragraph 1A of schedule 2 of the European Communities Act 1972(3), sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 2014(4) and all other powers enabling it to do so.

This Act of Sederunt makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Court of Session that it is expedient for the references in this Act of Sederunt to Regulation (EU) 2015/848 of the European Parliament and of the Council of 20th May 2015 on insolvency proceedings(5) to be construed as references to that instrument as amended from time to time.

(1)

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

(2)

1880 c.4, as amended by the Judicial Factors (Scotland) Act 1889 (c.39), the Statute Law Revision Act 1894 (c.56) and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55).

(3)

1972 c.68. Paragraph 1A of schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c.51), section 28, and amended by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1.

(5)

O.J. L 141, 5.6.2015, p.19.