Act of Sederunt (Ordinary Cause Rules) Amendment (European Matrimonial and Parental Responsibility Jurisdiction and Judgments) 2001 © Crown Copyright 2001 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Act of Sederunt (Ordinary Cause Rules) Amendment (European Matrimonial and Parental Responsibility Jurisdiction and Judgments) 2001, ISBN 0-11-059682-X. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971[1] 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 commencement 1. - (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 1993 2. - (1) The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907[2] 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:-
33.27A. - (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. Rule 33.27A(1) Form of Certificate under 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 I hereby certify, 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, concerning judgments in matrimonial matters, the following: 1. Member State of origin: (insert country) 2. Court or authority issuing the certificate: 2.1 Name: Sheriff Court of (insert name) 2.2 Address: (insert address of sheriff court) 2.3 Tel/Fax/E-mail: (insert Tel/Fax/E-mail) 3. Marriage: 3.1 Wife:
3.1.2 Country and place of birth: (insert country and place) 3.1.3 Date of birth: (insert date)
3.2 Husband:
3.2.2 Country and place of birth: (insert country and place) 3.2.3 Date of birth: (insert date)
3.3 Country, place (where available ) and date of marriage
3.3.2 Place of marriage (where available): (insert place) 3.3.3 Date of marriage: (insert date)
4.
Court which delivered the judgment:
5.4 Was the Judgment given in default of appearance ?
6. Name of parties to whom legal aid has been granted: (insert names) 7. Is the judgment subject to further appeal under the law of the Member State of origin ?
8. Date of legal effect in the Member State where the judgment was given: 8.1 of divorce: (insert date) 8.2 of separation: (insert date) (Signed) Sheriff Clerk (Place and date) Rule 33.27A(1) Form of Certificate under 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 I hereby certify, 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, concerning judgments in matters of parental responsibility, the following: 1. Member State of origin: (insert country) 2. Court or authority issuing the certificate: 2.1 Name: Sheriff Court of (insert name) 2.2 Address: (insert address of sheriff court) 2.3 Tel/Fax/E-mail: (insert tel/fax/e-mail) 3. Parents: 3.1 Mother:
3.1.2 Date and place of birth: (insert date and place)
3.2 Father:
3.2.2 Date and place of birth: (insert date and place)
4.
Court which delivered Judgment:
6. Children who are covered by the judgment: 6.1 Full Name and date of birth: (insert name and date of birth) 6.2 Full Name and date of birth: (insert name and date of birth) 6.3 Full Name and date of birth: (insert name and date of birth) 6.4 Full Name and date of birth: (insert name and date of birth) 7. Names of parties to whom legal aid has been granted: (insert names) 8. Attestation of enforceability and service 8.1 Is the judgment enforceable according to the law of the Member State of origin?
8.2 Has the judgment been served on the party against whom enforcement is sought?
8.2.1.2 Date of service: (insert date)
(Signed) (This note is not part of the Act of Sederunt) This Act of Sederunt amends the Ordinary Cause Rules of the sheriff court by:
(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.
Notes: [1] 1971 c.58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c.32), section 2(4), the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 18(2), and the Adults with Incapacity (Scotland) Act 2000, (asp 4), Schedule 5, paragraph 13, and was extended by sections 39(2) and 49 of the Child Support Act 1991 (c.48).back [2] 1907 c.51; Schedule 1 was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445 and by S.S.I. 2000/239 and 408.back [3] O.J. No. L 160, 30.6.00, p.19back
ISBN 0-11-059682-X
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