Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Miscellaneous) 2011

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.

Paragraph 2 amends the rule on service of documents furth of the United Kingdom, to reflect a change in the designated central authority under the 1965 Hague Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters.

Paragraph 3 amends rules 43.4 and 43.6, in relation to the inspection of recovery of documents and allocation of diets and timetables in personal injuries actions.

Paragraph 4 inserts a new Part XIV into Chapter 62 of the Rules, and related forms, in relation to the enforcement of measures made by Contracting States to the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children.

Paragraph 5 amends the rules and Forms relating to applications under section 1 of the Administration of Justice (Scotland) Act 1972, in order to make it clear that a haver has a right to apply for variation or discharge of an order granted under that provision. Rule 64.12 and Forms 64.6 and 64.9 are amended to provide that where a haver is seeking advice to help decide whether to apply for variation or discharge of an order, the haver may ask the Commissioner to delay starting the search for up to 2 hours or such other longer period as the Commissioner may permit.

Paragraph 6 amends the form of certificate of citation of a witness by a Messenger-at-Arms, so as to remove the requirement for the citation to be witnessed.