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      SCOTTISH STATUTORY INSTRUMENTS

      2001 No. 144

      SHERIFF COURT

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

        Made 30th March 2001 
        Coming into force 2nd 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 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:-

        " Applications for European matrimonial certificates
             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.


      Rodger of Earlsferry
      Lord President, I.P.D.

      Edinburgh
      30th March 2001



      SCHEDULE

      FORM F42


      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

      Matrimonial matters

      Sheriffdom of (insert name of sheriffdom)

      at (insert place of Sheriff Court)

      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:

        3.1.1 Full Name: (insert name)

        3.1.2 Country and place of birth: (insert country and place)

        3.1.3 Date of birth: (insert date)

          3.2 Husband:

        3.2.1 Full Name: (insert name)

        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

        3.3.1 Country of marriage : (insert country)

        3.3.2 Place of marriage (where available): (insert place)

        3.3.3 Date of marriage: (insert date)

           4. Court which delivered the judgment:

          4.1 Name of Court: (insert name)

          4.2 Place of Court: (insert place)

           5. Judgment:

          5.1 Date: (insert date)

          5.2 Case reference number: (insert reference number)

          5.3 Type of judgment:

      5.3.1 Divorce opensquare
      5.3.3 Legal separation opensquare

          5.4 Was the Judgment given in default of appearance ?

      5.4.1 No opensquare
      5.4.2 Yes opensquare

           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 ?

      7.1 No opensquare
      7.2 Yes opensquare

           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)

      FORM F43

      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

      Parental Responsibility

      Sheriffdom of (insert name of sheriffdom)

      at (insert place of Sheriff Court)

      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:

        3.1.1 Full Name: (insert name)

        3.1.2 Date and place of birth: (insert date and place)

          3.2 Father:

        3.2.1 Full Name: (insert name)

        3.2.2 Date and place of birth: (insert date and place)

           4. Court which delivered Judgment:

          4.1 Name of Court: (insert name)

          4.2 Place of Court; (insert place)

           5. Judgment:

          5.1 Date: (insert date)

          5.2 Case Reference number: (insert reference number)

          5.3 Was the Judgment given in default of appearance?

      5.3.1 No opensquare
      5.3.2 Yes opensquare

           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?

      8.1.1 Yes opensquare
      8.1.2 No opensquare

          8.2 Has the judgment been served on the party against whom enforcement is sought?

      8.2.1 Yes opensquare

          8.2.1.1 Full name of party: (insert name)

          8.2.1.2 Date of service: (insert date)

          8.2.2 No opensquare

      (Signed)

      Sheriff Clerk

      (Place and date)

      EXPLANATORY NOTE

      (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.

      [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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Prepared 25 April 2001
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