Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Miscellaneous) 2011

EXPLANATORY NOTE

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

This Act of Sederunt makes amendments to the Rules of the Court of Session 1994.

Paragraph 2 amends the rule on restrictions as to caveats, by omitting the reference to a petition under rule 83.2. This reflects the fact that Chapter 83 of the Rules has now been revoked.

Paragraph 3 makes amendments to the rules and table of fees in Chapter 42 in relation to charges for witnesses and charges for skilled persons.

Paragraph 4 amends two rules in Chapter 43, relating to actions of damages for, or arising from personal injuries, as a consequence of the repeal and re-enactment of certain provisions in the Damages (Scotland) Act 2011.

Paragraph 5 makes a minor amendment to the rule on inspection and recovery of documents in personal injuries actions.

Paragraph 6 makes a minor amendment to the rule on admiralty actions in rem.

Paragraph 7 amends various rules to reflect changes in terminology arising out of the Treaty of Lisbon Amending the Treaty on the European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 2007.

Paragraph 8 amends a reference in rule 62.60(4), in relation to the recall of an interlocutor granting warrant for registration under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Paragraph 9 makes a minor amendment to Form 64.6 (form of order in procedure for recovery of documents under Chapter 64.

Paragraph 10 makes amendments to rules which impose requirements on the Deputy Principal Clerk of Session or the clerk of court to provide certain documents or information to specified persons in pursuance of provisions of the Adoption and Children (Scotland) Act 2007. The rules are amended to make clear that written intimation is required.

Paragraph 11 inserts a new Chapter 85A into the Rules, containing rules on the procedure which applies in relation to applications for determinations that an interdict is a domestic abuse interdict under the Domestic Abuse (Scotland) Act 2011. In particular, the rules specify how applications for such determinations are to be made; how such determinations are to be served; and that where both a determination under section 3 of the 2011 Act and a power of arrest under section 1 of the Protection from Abuse (Scotland) Act 2001 is in effect in respect of the same interdict, certain documents must be sent to such chief constable(s) as the court sees fit. This is because in terms of section 2(2) of the 2011 Act, a person who breaches such an interdict commits a criminal offence.