2020 No. 472
Court Of Session
Sheriff Appeal Court
Sheriff Court

Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit)) (Amendment) 2020

Made
Laid before the Scottish Parliament
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 20131, 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 sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 20142 and all other powers enabling it to do so.

Citation and commencement etc.1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit)) (Amendment) 2020.

(2)

It comes into force immediately before IP completion day.

(3)

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

Amendment of the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Court of Session) 20192.

(1)

The Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Court of Session) 20193 is amended in accordance with this paragraph.

(2)

In paragraph 2(2) (amendment of the Rules of the Court of Session 1994), where it inserts rule 108(2) (declarations from the court that an EU instrument was invalid – notices) in the Rules of the Court of Session 19944, for “exit day” substitute “IP completion day”.

Amendment of the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Sheriff Appeal Court and Sheriff Court) 20193.

(1)

The Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Sheriff Appeal Court and Sheriff Court) 20195 is amended in accordance with this paragraph.

(2)

In paragraph 4(1) (declarations from the court that an EU instrument was invalid – notices), for “exit day” substitute “IP completion day”.

CJM SUTHERLAND
Lord President

Edinburgh

I.P.D.
EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Court of Session) 2019 (S.S.I. 2019/328) and the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Sheriff Appeal Court and Sheriff Court) 2019 (S.S.I. 2019/329) (“the two Principal Instruments”).

The two Principal Instruments come into force on IP completion day by the operation of paragraph 1 of Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 (c.1) (“the Act”). This Act of Sederunt comes into force immediately before IP completion day.

Paragraphs 2 and 3 amend the two Principal Instruments by substituting “IP completion day” for “exit day” in consequence of the Act and the amendments made to the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019 (S.I. 2019/673) by the Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1503).