Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Sheriff Appeal Court and Sheriff Court) 2019

Scottish Statutory Instruments

2019 No. 329

Sheriff Appeal Court

Sheriff Court

Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Sheriff Appeal Court and Sheriff Court) 2019

Made

21st October 2019

Laid before the Scottish Parliament

22nd October 2019

Coming into force in accordance with paragraph 1(2)

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.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 104(1) of the Courts Reform (Scotland) Act 2014(2) and all other powers enabling it to do so.

Citation and commencement etc. S

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Sheriff Appeal Court and Sheriff Court) 2019.

(2) It comes into force on exit day.

(3) A certified copy is to be inserted in the Books of Sederunt.

Commencement Information

I1 Para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see para. 1(2)

Interpretation S

2.—(1) In this Act of Sederunt—

“the 2019 Regulations” means the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019(3);

“the clerk of court” means the sheriff clerk or, as regards proceedings before the Sheriff Appeal Court, the Clerk of the Sheriff Appeal Court;

“the court” means the Sheriff Appeal Court or the sheriff, as the case may be;

“EU instrument” has the meaning provided in schedule 1 of the Interpretation Act 1978(4);

“TFEU” means the Treaty on the Functioning of the European Union including the Protocols thereto(5);

“the proceedings” means any proceedings to which regulation 3 of the 2019 Regulations applies;

“the relevant UK authorities” has the meaning provided by regulation 2 of the 2019 Regulations.

(2) A reference in this Act of Sederunt to a Form is a reference to that Form in the schedule.

Commencement Information

I2 Para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see para. 1(2)

Application S

3.  This Act of Sederunt applies to challenges to the validity of an EU instrument, as provided for by regulation 3 of the 2019 Regulations, in proceedings before the court.

Commencement Information

I3 Para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see para. 1(2)

Declarations from the court that an EU instrument was invalid – notices S

4.—(1) Where a party to the proceedings seeks a declaration from the court that an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before [F1 IP completion day] or the court is considering whether to make such a declaration at its own instance in the proceedings—

(a) notice in Form 1 is to be given to the relevant UK authorities no later than 21 days, or such other period as the court may direct, before the date on which the declaration is to be made—

(i) by the party seeking the declaration; or

(ii) by the clerk of court,

as the case may be; and

(b) where notice is given by the party seeking the declaration, the party must lodge a certificate of notification in process.

(2) Where any of the relevant UK authorities wish to be joined as a party to the proceedings they must serve notice in Form 2 to that effect on the clerk of court and are to serve a copy of the notice on all other parties in the proceedings.

F1 Words in para. 4(1) substituted (31.12.2020 immediately before IP completion day) by Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit)) (Amendment) 2020 (S.S.I. 2020/472), paras. 1(2), 3(2)

Commencement Information

I4 Para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see para. 1(2)

CJM SUTHERLAND

Lord President

Edinburgh

I.P.D.

Paragraph 2(2)

SCHEDULE S

Commencement Information

I5 Sch. in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see para. 1

EXPLANATORY NOTE

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

This Act of Sederunt makes provision for procedures to be followed in civil proceedings in the Sheriff Appeal Court and before the sheriff, and prescribes court forms, in consequence of the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 (S.I. 2019/673).

(1)

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

(2)

2014 asp 18.

(3)

S.I. 2019/673.

(4)

1978 c.30. Schedule 1 of the Interpretation Act 1978 defines words and expressions, as amended by, and prospectively relevantly amended by, the European Union (Withdrawal) Act 2018 (c.16), schedule 8, paragraph 22.

(5)

OJ C 202, 7.6.2016, p.1-388.