Act of Sederunt (Rules of the Court of Session Amendment No.2) (Miscellaneous) 1991

Explanatory Note

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

This Act of Sederunt amends the Rules of the Court of Session by–

(a) making a minor amendment in rule 74A(4)(c) in relation to the requirement to place a citation left with another person in a sealed envelope (paragraph 2(2));

(b) providing for applications for warrants for inhibition and arrestment on the dependence of an action in which a claim to which section 19(1) of the Family Law (Scotland) Act 1985 (c. 37) applies is made, to be by motion (paragraph 2(3) and (4));

(c) providing for applications under section 175(2) of the Companies Act 1989 (c. 40) to be by note and for intimation to interested persons (paragraph 2(5));

(d) providing generally for applications under Part VII of the Companies Act 1989 in relation to a winding up of a company to be by note in the process of the petition to wind up the company (paragraph 2(6));

(e) amending the rules in relation to reciprocal enforcement of orders in relation to confiscation of the proceeds of crime following the insertion of section 30A of the Criminal Justice (Scotland) Act 1987 (c. 41) (registration of external confiscation orders) by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 63 (paragraph 2(7) to (9) and (14));

(f) omitting the requirement to lodge a certificate or affidavit about the relevant law of a State in an application for return of a child under Part I of the Child Abduction and Custody Act 1985 (c. 60) (paragraph 2(10));

(g) providing for service on the Chief Executive of the local authority, and the Reporter to the Childern’s Panel in the local authority area, in which a child resides and who is the subject of an application under Part I, or section 15, of the Child Abduction and Custody Act 1985 (c. 60) (paragraph 2(10) and (11));

(h) providing for grounds of appeal to be lodged by a respondent who wishes to take advantage of a reclaiming motion in order to challenge the Lord Ordinary’s interlocutor in a case where the respondent is not reclaiming (paragraph 2(12)); and

(i) providing for intimation by an objector to the Auditor of the Court of Session of an order ordaining the Auditor to state reasons for his decision (paragraph 2(13)).