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The European Communities (Matrimonial Jurisdiction and Judgments) (Scotland) Regulations 2001
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- Scottish Statutory Instruments
- 2001 No. 36
- Regulation 5
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Amendment of the Children (Scotland) Act 1995
5. After subsection (1) of section 11 of the Children (Scotland) Act 1995(1), insert–
“(1A) It shall not be competent for the court to make an order under subsection (1) above where–
(a)the court is exercising jurisdiction in the proceedings by virtue of Article 2 of Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses; and
(b)the making of such an order would contravene Article 7 of that Regulation.”.
(1)
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