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Act of Sederunt (Rules of the Court of Session 1994) 1994
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PART IGENERAL PROVISIONS
Interpretation of this Chapter
70.1. In this Chapter–
“the Act of 1985” means the Child Abduction and Custody Act 1985(1);
“the European Convention” means the convention defined in section 12(1) of the Act of 1985 and as set out in Schedule 2 to the Act of 1985;
“the Hague Convention” means the convention defined in section 1(1) of the Act of 1985 and as set out in Schedule 1 to the Act of 1985;
“relevant authority” means–
(a)
in the United Kingdom, a sheriff court, a children’s hearing within the meaning of Part III of the Social Work (Scotland) Act 1968(2), the High Court, a county court or magistrates' court in England and Wales, the High Court, a county court or magistrates' court in Northern Ireland, or the Secretary of State, as the case may be; or
(b)
in a specified dependent territory, the appropriate authority or the appropriate court as defined in an Order in Council made under section 28 of the Act of 1985;
“specified dependent territory” means a dependent territory specified in an Order in Council made under section 28 of the Act of 1985.
Translations of documents
70.2. Where any document lodged in process in a cause to which this Chapter applies is in a language other than English, there shall be lodged with that document a translation into English certified as correct by the translator; and the certificate shall include his full name, address and qualifications.
Applications for certified copy or extract
70.3.—(1) An application for a certified copy or extract of a decree or any other interlocutor relating to a child, in respect of whom the applicant wishes to apply under the Hague Convention or the European Convention in another Contracting State, shall be made by letter to the Deputy Principal Clerk.
(2) A certified copy or extract issued on an application under paragraph (1) shall be supplied free of charge.
Disclosure of information
70.4. Where the court pronounces an interlocutor under section 24A of the Act of 1985(3) (order to a person to disclose information to the court as to a child’s whereabouts), it may order that person to apear before it or to lodge an affidavit.
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