Act of Sederunt (Rules of the Court of Session Amendment) (Jurisdiction, Recognition and Enforcement of Judgments) 2005

Explanatory Note

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

This Act of Sederunt makes amendments to the Rules of the Court of Session 1994 (S.I. 1994/1443) (“the Rules”). The amendments are in consequence of the Council Regulation (E.C.) No. 2201/2003 of 27th November 2003 on jurisdiction, and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility.

Paragraph 2(2) inserts a new Part XI into Chapter 62 of the Rules by setting out a procedure for registration and enforcement of judgments under the Council Regulation (E.C.) No. 2201/2003.

Paragraph 2(3), (4), and (5) amend rules in Chapter 70 of the Rules on international abduction and the Hague Convention so that any actions under the Hague Convention which are also under the Council Regulation (E.C.) No. 2201/2003 are subject to new rules that are inserted into Chapter 70.

Paragraph 2(6) inserts a new Part IIA into Chapter 70 of the Rules to make provision that actions under the Hague Convention, where the Council Regulation also applies, are intimated to a child who is the subject of the action, and gives the child an opportunity to give their views on the action to the court. Provision is also made that hearings in such actions can be continued once but thereafter continuations must be on special cause being shown. A rule is inserted that hearings in such cases must be recorded and where the court decides not to order the return of a child after a hearing, a copy of the judgment and transcript of the proceedings shall be sent to by the Deputy Principal Clerk to the court in the other Member State.

Paragraph 2(7) inserts a new Chapter 88 into the Rules on civil cases involving parental responsibility that come under the Council Regulation (E.C.) No. 2201/2003. It makes provision that cases may be transferred between courts in different Member States if it is more appropriate that they be dealt with in that other Member State.

Paragraph 2(8) inserts new forms into the Appendix to the Rules.