Act of Sederunt (Rules of the Court of Session Amendment) (Regulation (EU) No. 1215/2012) 2015

Scottish Statutory Instruments

2015 No. 26

Court Of Session

Act of Sederunt (Rules of the Court of Session Amendment) (Regulation (EU) No. 1215/2012) 2015

Made

27th January 2015

Laid before the Scottish Parliament

28th January 2015

Coming into force

7th February 2015

The Lords of Council and Session, under and by virtue of the powers conferred by section 48 of the Civil Jurisdiction and Judgments Act 1982(1), section 5 of the Court of Session Act 1988(2), paragraph 1A of Schedule 2 to the European Communities Act 1972(3) and all other powers enabling them in that behalf, this instrument making provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appearing to the Lords of Council and Session that it is expedient that the reference to Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12th December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)(4) be construed as a reference to that instrument as amended from time to time, having approved draft rules submitted by the Scottish Civil Justice Council in accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(5), do hereby enact and declare:

(1)

1982 c.27; section 48 was amended by the Civil Jurisdiction and Judgments Act 1982 (c.12), Schedule 2, paragraph 23; the Crime and Courts Act 2013 (c.22), Schedule 11, paragraph 86; S.I. 2001/3929, Schedule 2, paragraph 17; S.I. 2011/1215, regulation 5; S.I. 2012/1770, regulation 5, and S.I. 2014/2947, Schedule 1, paragraph 4.

(2)

1988 c.36; section 5 was amended by the Civil Evidence (Scotland) Act 1988 (c.32), section 2(3); the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 45; the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section 14(1); the Judiciary and Courts (Scotland) Act 2008 (asp 6), section 46(3); and the Legal Services (Scotland) Act 2010 (asp 16), section 126(a).

(3)

1972 c.68. Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c.51), section 28, and amended by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.

(4)

O.J. L351, 20.12.2012, p. 1.

(5)

2013 asp 3.