This Act of Sederunt makes amendments to the Rules of the Court of Session 1994, the Ordinary Cause Rules 1993 and the Summary Application Rules 1999, following upon the United Kingdom leaving the European Union on 31st December 2020, and in consequence of Part 1 and 2 of the Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022.
The 2022 Regulations amend Regulation (EU) No. 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matters as it has effect in Scotland. The 2022 Regulations revoke those parts of the EU Regulation that would have previously enabled persons protected by protection measures granted in the Court of Session or the sheriff court to apply to have those measures applied and enforced in Member States. The parts of the EU Regulation concerned with the recognition and enforcement in Scotland of protection measures granted in Member States are retained.
The SCJC welcomes feedback on any aspect of court rules. Please email your comments to the Secretariat.