Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Civil Protection Measures (EU Exit)) 2022

Amendment of the Rules of the Court of Session 1994

2.—(1) The Rules of the Court of Session 1994(1) are amended in accordance with this paragraph.

(2) In rule 4.2 (signature of documents)(2), omit paragraph (3)(f).

(3) In rule 106.1 (interpretation)—

(a) omit the definition of “Article 5 certificate”;

(b) omit the definition of “Article 14 certificate”;

(c) in the definition of “incoming protection measure”, for “Member State other than the United Kingdom or Denmark” substitute “participating Member State”;

(d) for the definition of “Member State”, substitute—

““MRP Regulation” has the meaning given by Article 3(5A) of the Regulation(3);

“participating Member State” has the meaning given by Article 3(5) of the Regulation(4);”.

(4) Omit rules 106.2 (form of application for Article 5 certificate) to 106.8 (issue of Article 14 certificate).

(5) In rule 106.11 (attachment of power of arrest to incoming protection measure)—

(a) in paragraph (2)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”;

(b) in paragraph (3)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”.

(6) In the appendix (forms)(5)—

(a) omit Forms 106.2 to 106.7;

(b) in Form 106.10-A—

(i) for “ Member State of origin” substitute “participating Member State”;

(ii) for “the United Kingdom” substitute “Scotland”;

(c) in Form 106.10-B—

(i) for “ Member State of origin” substitute “participating Member State”;

(ii) for “the United Kingdom” substitute “Scotland”.

(1)

The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) (S.I. 1994/1443), last amended by S.S.I. 2022/277. Chapter 106 was inserted by S.S.I. 2014/371.

(2)

Rule 4.2 was last amended by S.S.I. 2020/208.

(3)

Article 3(5A) was inserted by S.S.I. 2022/249.

(4)

Article 3(5) was inserted by S.S.I. 2022/249.

(5)

Forms 106.2 to 106.7, 106.10-A and 106.10-B were inserted by S.S.I. 2014/371.