Act of Sederunt (Rules of the Court of Session Amendment No. 8) (Miscellaneous) 2007

Explanatory Note

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

This Act of Sederunt makes miscellaneous amendments to the Rules of the Court of Session 1994 (S.I. 1994/1443).

Paragraph 2(2) amends the definition of Council Regulation (E.C.) No. 1348/2000 of 29th May 2000 on service of judicial and extrajudicial documents to take account of the extension of the Council Regulation to Denmark by an Agreement between the European Community and the Kingdom of Denmark of 19th October 2005 and to incorporate references to any future amendments of the Council Regulation.

Amendments are also made to the rule on diets of taxation to clarify the time limits within which any note of objection must be received within the offices of the Auditor of Court: see paragraphs 2(3) and (4).

Further, amendments are made to the rules on petitions for sequestration and for administration or winding up of a company to provide further requirements for averments relating to jurisdiction in light of Council Regulation (E.C.) No. 1346/2000 of 29th May 2000 on insolvency proceedings. Also, an amendment is made to incorporate references to any future amendments of Council Regulation (E.C.) No. 1346/2000: see paragraphs 2(6) to (10).

Paragraph 2(11) amends rule 74.34 on intimation of petitions for a disqualification order for a company director to take account of the transfer of certain functions from the Secretary of State for Trade and Industry to the Secretary of State for Business, Enterprise and Regulatory Reform.

Finally, paragraphs 2(5), (12) and (13) make provision for interventions by the Commission for Equality and Human Rights in proceedings as a consequence of the coming into force of section 30 of the Equality Act 2006 (c. 3).