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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 said Act of 1971, do hereby enact and declare: Citation, commencement and interpretation 1. - (1) This Act of Sederunt may be cited as the Act of Sederunt (Taking of Evidence in the European Community) 2003, and shall come into force on 1st January 2004. (2) This Act of Sederunt shall be inserted in the Books of Sederunt. (3) In this Act of Sederunt-
Directions by the sheriff principal
(b) the manner in which that request is to be executed; and (c) the manner in which any representative of a requesting court may participate under Article 12 of the Council Regulation in the performance of the taking of evidence.
(2) A request is-
(b) under Article 17 of the Council Regulation by the Scottish central body that a sheriff court shall take part in the performance of the taking of evidence by a court of a Member State.
Hearing on a request
(b) after paragraph (6), insert-
(3) After rule 28.14 (letters of request), insert-
28.14A. - (1) This rule applies to any request-
(b) that the court shall take evidence directly in another Member State under Article 1.1(b) of the Council Regulation.
(2) An application for a request under paragraph (1) shall be made by minute in Form G16, together with the proposed request in form A or I (as the case may be) in the Annex to the Council Regulation.
(4) In Appendix 1, for Form G16 substitute the Form in Schedule 1.
(b) after paragraph (6), insert-
(3) After rule 18.7 (letter of request), insert-
18.7A. - (1) This rule applies to any request-
(b) that the court shall take evidence directly in another Member State under Article 1.1(b) of the Council Regulation.
(2) An application for a request under paragraph (1) shall be made by minute in Form 25B, together with the proposed request in form A or I (as the case may be) in the Annex to the Council Regulation.
(4) In Appendix 1-
(b) in Form 25a, in section 2 of Part A after "the" insert "requested state"; and (c) after Form 25a, insert Form 25B in Schedule 2.
Rules 28.14(3) and 28.14A(2) SHERIFFDOM OF (insert name of sheriffdom) AT (insert place of sheriff court) MINUTE FOR PURSUER [DEFENDER]* in the cause [A.B.] (insert designation and address) Pursuer against [C.D.] (insert designation and address) Defender Court ref. no. The Minuter states that the evidence specified in the attached [letter of request] [Form A] [Form I]* is required for the purpose of these proceedings and craves the court to issue [a letter of request] [that Form]* to (specify in the case of a letter of request the central or other appropriate authority of the country or territory in which the evidence is to be obtained, and in the case of Form A or I the applicable court, tribunal, central body or competent authority) to obtain the evidence specified. Date (insert date) Signed (insert designation and address) * delete as applicable Rule 18.7A(2) Sheriff Court, (place and address) MINUTE for (designation) In the cause (court ref. no.) in which AB (design) is the pursuer and CD (design) is the defender. The minuter states to the court that the evidence specified in the proposed Form A [or Form I] lodged with this minute is required for the purpose of this cause. The minuter respectfully asks the court to issue that Form to (specify the applicable court, tribunal, central body or competent authority) in order to obtain the evidence specified. Signed (designation of minuter) (This note is not part of the Act of Sederunt) This Act of Sederunt makes rules of procedure in the sheriff court for applications for requests to take evidence in the Member States of the European Community. Such applications will be made under Council Regulation (EC) No. 1206/2001 of 28th May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters ("the Council Regulation"). The Council Regulation was in force on 1st July 2001, and will apply to all Member States other than Denmark from 1st January 2004. The Council Regulation replaces for all participating Member States the letter of request procedure under the Hague Convention of 18th March 1970 on the taking of evidence abroad in civil or commercial matters. Rule 2 provides that the sheriff principal of any sheriffdom that receives a Council Regulation request may appoint another sheriff to deal with it, and if so make directions on the manner in which that is done. Rule 3 provides that the sheriff dealing with a Council Regulation request shall, if appropriate, fix a hearing and, if fixed, intimate that hearing to those persons with an interest. Rule 4 amends the Ordinary Cause Rules by-
(b) providing a new rule 28.14A for such a request; and (c) substituting a new Form G16 for asking the court to make a request for evidence to be taken abroad, whether under the Council Regulation or otherwise.
Rule 5 amends the Summary Cause Rules in the same manner as rule 4 amends the Ordinary Cause Rules, and in doing so provides for a new Form 25B. 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), the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 13, and the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43, and was extended by sections 39(2) and 49 of the Child Support Act 1991 (c.48).back [2] O.J. No. L 174, 27/06/01, p.1.back [3] 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, 2001/8 and 144, 2002/7, 128 and 560, and 2003/25 and 26.back [4] S.S.I. 2002/132; amended by S.S.I. 2002/516 and 2003/26.back
ISBN 0 11062568 4
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