Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 1998

Explanatory Note

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

This Act of Sederunt amends the Rules of the Court of Session 1994 as follows:

(a) paragraph 2(2) provides that any register kept by the Court of Session may be either in documentary or in electronic form;

(b) paragraph 2(3) and (7) revises various forms in the Appendix and in particular provides for there to be special new forms for the arrestment of a ship to found jurisdiction, for the arrestment in rem of a ship and her cargo (or of some other maritime res) in a case where the arrestment is to enforce a maritime hypothec or lien and for the arrestment of a ship in a case where that arrestment is on the dependence of an action;

(c) paragraph 2(4) makes provision for appeals to the Court under section 51 of the Children (Scotland) Act 1995;

(d) paragraph 2(5) makes an amendment to Part IV of the Rules, consequential upon the expansion of the definition of the expression “Community judgment” in the European Communities (Enforcement of Community Judgments) Order 1972 (1972 No.1590) by the European Communities (Enforcement of Community Judgments) (Amendment) Order 1998 (1998 No. 1259); and

(e) paragraph 2(6) dispenses with the requirement that a certificate be produced with the petition in an application under section 1 of the Evidence (Proceedings In Other Jurisdictions) Act 1975 for assistance in obtaining evidence for civil proceedings in a court furth of Scotland.