Act of Sederunt (Rules of the Court of Session Amendment No. 9) (Miscellaneous) 2009

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.

Paragraph 2 makes amendments to Part V of Chapter 62 of the Rules in connection with the recognition and enforcement of judgments in civil and commercial matters, agreed by the European Community, the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark on 30th October 2007 (“the new Lugano Convention”).

The new Lugano Convention replaces an earlier Lugano Convention made in 1988. The new Convention enters into force for the European Community and Norway on 1st January 2010. It will not enter into force on that date in relation to Switzerland and Iceland because those countries will not have ratified it, as at that date. In relation to those countries the earlier Lugano Convention will continue to apply until such time as those ratifications take place. Paragraph 3 therefore makes savings provision to reflect the transitional application of the existing rules.

Paragraph 4 makes minor amendments to rule 62.92 (recognition application) and rule 74.1 (application and interpretation of Chapter 74) to reflect the repeal of provisions in the Companies Act 1985 and their re-enactment in the Companies Act 2006.

Paragraph 5 inserts a provision in rule 69.5 (service and intimation of an election petition) requiring a copy of an election petition to be sent to the Electoral Commission.

Paragraph 6 makes amendments to Form 64.6 (form of order of court in procedure for recovery of documents under Chapter 64).

Paragraph 7 makes amendments to correct minor errors and inconsistencies in the Rules.