Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Miscellaneous) 2025

Type Scottish-Statutory-Instrument
Publication 2025-03-19
Last updated 2025-07-01
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
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Made: 19th March 2025

Laid before the Scottish Parliament: 21st March 2025

Coming into force in accordance with paragraph 1(3) to (5)

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections103(1) and 104(1) of the Courts Reform (Scotland) Act 2014[^f00002], section 48 of the Civil Jurisdiction and Judgments Act 1982[^f00003] and all other powers enabling it to do so.

Citation, interpretation and commencement, etc.

1

Amendment of the Rules of the Court of Session 1994 – currency conversion

2

(2) The declaration required under paragraph (1) must specify the source of the rate of exchange relied upon in the declaration. (3) On receipt of the documents specified in paragraph (1), the Extractor must, if satisfied with the terms of those documents, sign and date the docquet in Form 7.5.

(2) The declaration required under paragraph (1)(a) must specify the source of the rate of exchange relied upon in the declaration.

(c) any declaration of currency conversion under rule 62.2(1)(a),

(b) any declaration of currency conversion under rule 62.2(1)(a).

(c) any declaration of currency conversion under rule 62.2(1)(a).

Amendment of the Rules of the Court of Session 1994 – 2019 Hague Convention

3

In Chapter 62—

(1) This Part applies to the recognition and enforcement of a judgment under the 1982 Act, the 2005 Hague Convention or the 2019 Hague Convention.

  • the 2019 Hague Convention” means the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters concluded on 2ndJuly 2019 at The Hague[^f00020].

(bb) section 4C of the 1982 Act (registration and enforcement of judgments under the 2019 Hague Convention)[^f00022],

(3AAA) For applications to which paragraph (1)(bb) applies, in the case referred to in Article 11 (judicial settlements) of the 2019 Hague Convention, in addition to the information specified in paragraph (2) there must be produced with the petition a certificate of a court of the State of origin that the judicial settlement or a part of it is enforceable in the same manner as a judgment in the State of origin.

(62.29) On lodging a petition, the petitioner may, at any time until the expiry of the period for lodging an application to set aside a decision referred to in rule 62.34A or a decision being made on such an application, apply by motion for— (a) a warrant for the execution of protective measures; or (b) an interim interdict.

(a) the period within which an application mentioned in rule 62.34A to set aside the interlocutor may be made; and

(1) An application under section 6B(1)[^f00029] or 6C(1)[^f00030] of the 1982 Act (applications to set aside decisions on registration of judgments) is to be made by motion— (a) to the Lord Ordinary; and (b) within one month of service under rule 62.33 (service of warrant for registration under the 2005 Hague Convention or the 2019 Hague Convention) or within two months of such service where service was executed on a person domiciled in another Contracting State or, as the case may be, State bound by the 2005 Hague Convention or the 2019 Hague Convention.

(1) For the purposes of section 4B (registration and enforcement of judgments under the 2005 Hague Convention) or 4C (registration and enforcement of judgments under the 2019 Hague Convention)[^f00033] of the 1982 Act, an interlocutor pronounced under rule 62.30(1) (warrant for registration under the 2005 Hague Convention or the 2019 Hague Convention) implies recognition of the judgment so dealt with.

(a) an interlocutor under rule 62.30(1) (warrant for registration under the 2005 Hague Convention or the 2019 Hague Convention) is recalled and registration under rule 62.32 (registration under the 2005 Hague Convention or the 2019 Hague Convention) is ordered to be cancelled by the court further to an application to set aside a decision on registration under rule64.34A (applications to set aside decisions on registration of judgments under the 2005 Hague Convention or the 2019 Hague Convention); or

(62.40) (1) Subject to paragraph (2), where a person seeks to apply under section 12 of the 1982 Act for recognition or enforcement in another Contracting State of a judgment given by the court, the person must apply by letter to the Deputy Principal Clerk for— (a) a certificate in Form 62.40-A; (b) a certified copy of the judgment; and (c) if required, a certified copy of the opinion of the court. (2) Where a person seeks to apply under Chapter III of the 2005 Hague Convention or Chapter II of the 2019 Hague Convention for recognition or enforcement in another Contracting State of a judgment given by the court, that person must apply by letter to the Deputy Principal Clerk for— (a) a certificate under Article 13(3) of the 2005 Hague Convention or, as the case may be, Article 12(3) of the 2019 Hague Convention; (b) a certified copy of the judgment; and (c) if required, a certified copy of the opinion of the court. (3) The Deputy Principal Clerk must not issue a certificate under paragraph (1)(a) or (2)(a) unless the person seeking to apply for enforcement produces to the Deputy Principal Clerk an execution of service of the judgment on the person on whom it is sought to be enforced. (4) Where a person seeks to apply under Article 12 of the 2005 Hague Convention or Article 11 of the 2019 Hague Convention for enforcement in another Contracting State of a judgment registered for execution in the Books of Council and Session, that person must apply by letter to the Keeper of the Registers for— (a) a certificate under Article 13(1)(e) of the 2005 Hague Convention or, as the case may be, Article 12(1)(d) of the 2019 Hague Convention; and (b) an extract of the judgment. (5) The Keeper of the Registers must not issue a certificate under paragraph (4) unless there is produced to the Keeper of the Registers an affidavit verifying that enforcement has not been suspended and that the time available for enforcement has not expired.

Amendment of the Ordinary Cause Rules 1993 – currency conversion

4

(2) A declaration in Form G18 stating— (a) the rate of exchange on the date of the decree sought to be extracted or the date, within 3 days before the date, on which extract is ordered; and (b) the sterling equivalent; must be lodged with the minute requesting extract of the decree.

(2A) The declaration required under paragraph (2) must specify the source of the rate of exchange relied upon in the declaration. (2B) On receipt of Form G18, the sheriff clerk must, if satisfied with the terms of the form, sign and date the docquet in Form G18.

Saving provision

5

Where an application is made under section 4B of the Civil Jurisdiction and Judgments Act 1982[^f00041] (registration and enforcement of judgments under the 2005 Hague Convention) before the date on which the Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024[^f00042] come into force, Part V of Chapter 62 of the Rules of the Court of Session 1994 applies to that application as if the amendments made to Part V by paragraph 3 of this Act of Sederunt had not been made.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

Signed

PAUL CULLEN — Lord President — I.P.D. — 19th March 2025

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt amends Chapter 62 of the Rules of the Court of Session 1994 in consequence of the United Kingdom signing the Hague Convention of 2nd July 2019 on the Recognition and Enforcement of Foreign Judgments on 12th January 2024. Chapter 62 has also been amended to remove spent provisions in Part V.

The 2019 Hague Convention created a common framework for the recognition and enforcement of foreign judgments in civil and commercial matters. The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 amend the Civil Jurisdiction and Judgments Act 1982 to incorporate the 2019 Hague Convention into domestic law. The 2024 Regulations also make provision for the implementation of the 2019 Hague Convention, enabling rules of court to make provision for regulating the procedure to be followed.

This Act of Sederunt also amends Chapters 7 and 62 of the Court of Session Rules 1994, Chapter 30 of the Ordinary Cause Rules 1993 and all associated forms. This means that it is no longer necessary for a Bank of England official to prepare a currency conversion certificate for a party to lodge with the court when seeking decrees for payment in a foreign currency. Instead, parties are to make a declaration as to the rate of exchange in force at the date of their choosing. Paragraph2(3)(a)modernises the definitions of the various Acts referred to in Chapter 62.

The changes relating to currency conversion certificates in paragraphs 2 and 4 and schedules 1, 2 and 4, and related provision in paragraph 1, come into force on 30th April 2025. The rest of this Act of Sederunt commences on the date on which the 2019 Hague Convention comes into force in respect of the United Kingdom.

Footnotes

[^f00001]: 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

[^f00002]: 2014 asp 18.

[^f00003]: 1982 c. 27. Section 48 was last amended by the Private International Law (Implementation of Agreements) Act 2020 (c.24), schedule 5, paragraph 1 and prospectively amended and modified by S.I. 2024/713.

[^f00004]: This date will be as determined under Article 28(2)(a) of that Convention and will be notified in the London, Edinburgh and Belfast Gazettes.

[^f00005]: The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2025/61.

[^f00006]: Chapter 62 was last amended by S.S.I. 2022/277.

[^f00007]: Rule 62.2 was amended by S.S.I. 2010/205.

[^f00008]: Rules 62.8(2)(c), 62.15(2)(c) and 62.22(1)(c) were relevantly amended by S.I. 1996/2168.

[^f00009]: Rule 62.32 was substituted by S.S.I. 2004/52 and last amended by S.S.I. 2020/440.

[^f00010]: Rule 62.64 was inserted by S.I. 1996/2168.

[^f00011]: Rule 62.37 was substituted by S.S.I. 2004/52.

[^f00012]: Rule 62.46(2)(c) was amended by S.I. 1996/2168.

[^f00013]: Rule 62.54B was inserted by S.S.I. 2005/663.

[^f00014]: Rule 62.58 was substituted by S.S.I. 2010/205.

[^f00015]: Rule 62.72 was inserted by S.S.I. 2005/135.

[^f00016]: The appendix was last amended by S.S.I. 2024/353.

[^f00017]: Form 7.1 was substituted by S.I. 1996/1756.

[^f00018]: Part V of Chapter 62 was last amended by S.S.I. 2020/440.

[^f00019]: Rule 62.26 was last amended by S.S.I. 2020/440.

[^f00020]: For the text of the 2019 Hague Convention, see Schedule 3H of the Civil Jurisdiction and Judgments Act 1982 (c. 27), as introduced by section 3F of that Act and amended by S.I. 2024/713.

[^f00021]: Rule 62.28 was last amended by S.S.I. 2020/440.

[^f00022]: 1982 c. 27. Section 4C was inserted by S.I. 2024/713.

[^f00023]: Rule 62.29 was last amended by S.S.I. 2020/440.

[^f00024]: Rule 62.30 was last amended by S.S.I. 2020/440.

[^f00025]: Rule 62.32 was last amended by S.S.I. 2020/440.

[^f00026]: Rule 62.33 was last amended by S.S.I. 2020/440.

[^f00027]: Rule 62.34 was last amended by S.S.I. 2019/85.

[^f00028]: Rule 62.34A was inserted by S.S.I. 2020/440.

[^f00029]: Section 6B was inserted by S.I. 2015/1644 and substituted by S.I. 2024/713.

[^f00030]: Section 6C was inserted by S.I. 2024/713.

[^f00031]: Rule 62.35 was last amended by S.S.I. 2020/440.

[^f00032]: Rule 62.36 was substituted by S.S.I. 2009/450 and last amended by S.S.I. 2020/440.

[^f00033]: 1982 c. 27. Section 4B was inserted by S.I. 2015/1644 and amended by S.I. 2024/713. Section 4C was inserted by S.I.2024/713.

[^f00034]: Rule 62.39 was substituted by S.S.I. 2004/52 and last amended by S.S.I. 2020/440.

[^f00035]: Rule 62.40 was last amended by S.S.I. 2020/440.

[^f00036]: The appendix was last amended by S.S.I. 2024/353.

[^f00037]: Form 62.28 was substituted by S.S.I. 2015/26 and last amended by S.S.I. 2020/440.

[^f00038]: Form 62.33 was substituted by S.S.I. 2015/26 and last amended by S.S.I. 2019/85.

[^f00039]: The Ordinary Cause Rules 1993 are in schedule 1 of the Sheriff Court (Scotland) Act 1907 (c. 51). Schedule 1 was substituted by S.I. 1993/1956 and last amended by S.S.I. 2024/353.

[^f00040]: Appendix 1 was substituted by S.I. 1993/1956 and last amended by S.S.I. 2024/353.

[^f00041]: 1982 c. 27. Section 4B was inserted by S.I. 2015/1644 and amended by S.I. 2024/713.

[^f00042]: S.I. 2024/713.

Editorial notes

[^key-298b6ea21c8272651493f0de83445b68]: Para. 1(1), (3), (4), (6) in force at 30.4.2025 for specified purposes, see para. 1(3)

[^key-3b484dba77701978d4840e61a768490f]: Sch. 1 in force at 30.4.2025, see para. 1(3)

[^key-a0ed1358e4f5f3710f48489b73e61cb1]: Sch. 2 in force at 30.4.2025, see para. 1(3)

[^key-56b74ed3e9bf7245e7832f91d0289a95]: Sch. 4 in force at 30.4.2025, see para. 1(3)

[^key-d880bcd08b3cbbea696d0e5122f62c83]: Para. 2 in force at 30.4.2025, see para. 1(3)

[^key-833541ee1f804e78c2c8e2fd0f74bda5]: Para. 5 in force at 30.4.2025, see para. 1(3)

[^key-49975520b444f3a48b1566ac07bd3e5b]: Para. 4 in force at 30.4.2025, see para. 1(3)

[^key-d7b4b7e94f94500feb70dc8518da4a7b]: Para. 1(2), (5) in force at 1.7.2025, see para. 1(5)

[^key-0e0de1ab14c34405f6b8bbf8f2b81d80]: Sch. 3 in force at 1.7.2025, see para. 1(5)

[^key-5d0a1e4c8d40bd9d129f0d2238275b84]: Para. 1(1), (3), (4), (6) in force at 1.7.2025 in so far as not already in force, see para. 1(5)

[^key-abab26775434d3e0fd49ece7b573ca72]: Para. 3 in force at 1.7.2025, see para. 1(5)

[^key-9a40259f77d5f1b43edc81a5f160575c]: Words in para. 2(3)(f) substituted (1.7.2025) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Miscellaneous) (Amendment) 2025 (S.S.I. 2025/171), paras. 1(2), 2(2)

[^key-d51c19731a9ad11365a8f2b1eb301c2a]: Words in para. 3(c)(v) substituted (1.7.2025) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Miscellaneous) (Amendment) 2025 (S.S.I. 2025/171), paras. 1(2), 2(3)

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