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Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Regulation (EC) No. 44/2001) (Transitional Provisions) 2019
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- 2019 No. 85
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EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends Part V of Chapter 62 (recognition, registration and enforcement of foreign judgments etc.) of the Rules of the Court of Session 1994 (S.I. 1994/1443).
Part V of Chapter 62 of the Rules of the Court of Session was replaced by the Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2004 (S.S.I. 2004/54) and was subsequently amended by the Act of Sederunt (Rules of the Court of Session Amendment No. 9) (Miscellaneous) 2009 (S.S.I. 2009/450) and the Act of Sederunt (Rules of the Court of Session Amendment) (Regulation (EU) No. 1215/2012) 2015 (S.S.I. 2015/26).
Paragraph 2(2) to (12) of S.S.I. 2015/26 made textual amendments to Part V of Chapter 62 to remove references to Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“the Brussels I Regulation”). This was in consequence of the coming into force of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (“the Brussels I (recast) Regulation”).
Article 66 of the Brussels I (recast) Regulation makes transitional provisions which, notwithstanding the repeal of the Brussels I Regulation by the Brussels I (recast) Regulation, save the operation of the Brussels I Regulation in certain specified cases. These transitional provisions were not included in the amendments made to Part V of Chapter 62 of the Rules of the Court of Session by S.S.I 2015/26.
This Act of Sederunt removes the amendments made to Part V of Chapter 62 of the Rules of the Court of Session by S.S.I 2015/26 and ensures that Part V continues to apply, in the cases saved by the operation of Article 66 of the Brussels I (recast) Regulation.
Paragraph 3 of this Act of Sederunt revokes paragraph 2(2) to (12) of S.S.I. 2015/26.
Paragraph 4 of this Act of Sederunt makes consequential amendments to Forms 62.28 and 62.33.
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