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Scottish Statutory Instruments
2015 No. 1
Judgments
The Civil Jurisdiction and Judgments (Amendment) (Scotland) Regulations 2015
Laid before the Scottish Parliament
9th January 2015
Coming into force
7th February 2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972() and all other powers enabling them to do so.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Amendment) (Scotland) Regulations 2015 and come into force on 7th February 2015.
(2) These regulations extend only to Scotland.
Amendment to the Civil Jurisdiction and Judgments Order 2001
2.—(1) The Civil Jurisdiction and Judgments Order 2001() is amended as follows.
(2) In Schedule 1 (the Regulation), after paragraph 2A (adaptation orders: Northern Ireland)() insert—
“Adaptation orders: Scotland
2B.—(1) This paragraph applies in relation to proceedings in Scotland in relation to the adaptation of a measure or order pursuant to Article 54 of the Regulation.
(2) In this paragraph, an “adaptation order” means an order for the adaptation of a measure or order which is contained in a foreign judgment but is unknown under the law of Scotland pursuant to Article 54 of the Regulation.
(3) An application for an adaptation order or a challenge under Article 54(2) of the Regulation to the adaptation of any measure or order without an adaptation order must be made to the Court of Session.”.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
7th January 2015
EXPLANATORY NOTE
These Regulations make provision to further facilitate the application in Scotland of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12th December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (“the Regulation”).
They amend the Civil Jurisdiction and Judgments Order 2001 (S.I. 2001/3929) (“the 2001 Order”) to make it explicit that an application in terms of Article 54 of the Regulation for an order adapting a measure or order which is contained in a foreign judgment but is unknown under the law of Scotland (an “adaptation order”), or an application to challenge such an adaptation made without an order, must be made to the Court of Session. Further relevant amendments to the 2001 Order are made, with effect from 10th January 2015, by the Civil Jurisdiction and Judgments (Amendment) Regulations 2014 (S.I. 2014/2947).
No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.
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