SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Other proceedings in relation to statutory applications

CHAPTER 62RECOGNITION, REGISTRATION AND ENFORCEMENT OF FOREIGN JUDGMENTS, ETC.

PART IGENERAL PROVISIONS
Disapplication of certain rules to this Chapter

62.1.  The following rules shall not apply to a petition or application under this Chapter:–

  • 14.5 (first order in petitions),

  • 14.6 (period of notice for lodging answers),

  • 14.7 (intimation and service of petitions),

  • 14.9 (unopposed petitions).

Certificate of currency conversion

62.2.—(1) Where the sum payable under a judgment, award, recommendation or determination to be registered in accordance with a provision of this Chapter is expressed in a currency other than sterling, the petitioner or applicant, as the case may be, before applying to the Keeper of the Registers for registration of such a document, shall lodge in the Petition Department–

(a)a certified statement of the rate of exchange prevailing at–

(i)the date of the judgment, award, recommendation or determination,

(ii)the date on which the certified statement is lodged, or

(iii)a date within three days before the date on which the certified statement is lodged,

and of the sterling equivalent, at that rate, of the principal sum, interest and expenses contained in the judgment, award, recommendation or determination, as the case may be; and

(b)a certificate of currency conversion in Form 62.2.

(2) The certified statement required under paragraph (1) shall be by an official in the Bank of England or an institution authorised under the Banking Act 1987(1).

(3) On receipt of the documents specified in paragraph (1), the clerk of session shall, if satisfied with the terms of those documents, sign and date the certificate of currency conversion.

Translation of document lodged

62.3.  Where a judgment, award, or other document lodged with a petition or application to which this Chapter applies is in a language other than English, there shall be produced with the petition a translation into English certified as correct by the translator; and the certificate shall include his full name, address and qualification.