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Act of Sederunt (Jurisdiction, Recognition and Enforcement of Judgments in Matrimonial Matters and Matters of Parental Responsibility Rules) 2006
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Enforcement in another Member State of sheriff court judgments etc.
10.—(1) Where a person seeks to apply under the Council Regulation for recognition or enforcement in another Member State of a judgment given by a sheriff court, he shall apply by letter to the sheriff clerk of that court for–
(a)a certificate under Article 39 of the Council Regulation (certificates concerning judgments in matrimonial matters or matters of parental responsibility); and
(b)a certified copy of the judgment (incorporating the sheriff’s interlocutor and note).
(2) The sheriff clerk shall not issue a certificate under paragraph (1)(a) unless there is produced to him an execution of service of the judgment on the person against whom it is sought to be enforced.
(3) Where a judgment granting rights of access delivered by the sheriff court acquires a cross-border character after the judgment has been delivered and a party seeks to enforce the judgment in another Member State, he shall apply by letter to the sheriff clerk for–
(a)a certificate under Article 41 of the Council Regulation (certificate concerning rights of access); and
(b)a certified copy of the judgment (incorporating the sheriff’s interlocutor and note).
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