Act of Sederunt (Ordinary Cause Rules) Amendment (European Matrimonial and Parental Responsibility Jurisdiction and Judgments) 2001

Made30th March 2001

Coming into force2nd April 2001

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

Citation and commencement1

1

This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause Rules) Amendment (European Matrimonial and Parental Responsibility Jurisdiction and Judgments) 2001 and shall come into force on 2nd April 2001.

2

This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of Ordinary Cause Rules 19932

1

The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 19072 shall be amended in accordance with the following paragraphs.

2

In rule 33.2 (averments in actions of divorce or separation about other proceedings) in paragraph (2)(b)(v), after “Domicile and Matrimonial Proceedings Act 1973” insert “or Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses”3.

3

After rule 33.27 (affidavits), insert the following rule:–

Applications for European matrimonial certificates33.27A
1
The sheriff shall, on the request of any interested party, issue a certificate in Form F42 or Form F43, pursuant to Article 32 of Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses.
2
Any request under paragraph (1) shall be made by the interested party by letter addressed to the sheriff clerk of the court where the decree to which the request relates was granted, and shall be accompanied by any execution of service or intimation of the judgment to the defender.

4

After Form F41 in the Schedule, insert the forms as set out in the Schedule to this Act of Sederunt.

Rodger of EarlsferryLord President, I.P.D.Edinburgh30th March 2001

SCHEDULEFORM F42

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FORM F43

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

This Act of Sederunt amends the Ordinary Cause Rules of the sheriff court by:

a

amending rule 33.2(2)(b)(v) in connection with the provisions in Article 11(1) of Council Regulation (EC) No. 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility for children of both spouses) (“the Council Regulation”) by providing a requirement that averments relevant to the issue of a sist of proceedings under the Council Regulation be made; and

b

inserting a new rule 33.27A (applications for European matrimonial certificates) in connection with the provisions in Article 32 of the Council Regulation by providing for the issue of a certificate to an interested party by the sheriff in relation to an action of divorce or separation following on either the grant of decree of divorce or separation or the grant of an order in such proceedings relating to a child of both spouses. The Schedule sets out the Forms of Certificate to be used.