Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 2010

European Enforcement Orders

7.—(1) The Rules are amended in accordance with the following subparagraphs.

(2) In rule 62.2 (certificate of currency conversion)—

(a) in paragraph (1), for “Where” substitute “Subject to paragraph (4), where”;

(b) after paragraph (3) insert—

“(4) This rule does not apply in relation to an application for registration of a judgment, court settlement or authentic instrument on uncontested claims certified as a European Enforcement Order under the Regulation, as defined in rule 62.81(1).”.

(3) In rule 62.81(1) (interpretation and application of Part XII of Chapter 62), after the definition of “judgment” insert—

““Member State of origin” has the same meaning as in Article 4(4) of the Regulation.”.

(4) In rule 62.88(1) (registration for enforcement)(1), for subparagraph (d) substitute—

“(d) where the European Enforcement Order is expressed in a currency other than sterling, a certificate issued by a competent authority of a Member State of origin of the sterling equivalent of—

(i) the principal sum,

(ii) interest, and

(iii) expenses,

contained in the judgment, court settlement or authentic instrument, as the case may be, at the rate of exchange prevailing at a date specified under the law of the Member State of origin for obtaining currency conversion in judicial matters.”.

(1)

Rule 62.88 was inserted by S.S.I. 2005/521.