Act of Sederunt (Jurisdiction in Respect of Parental Responsibility and Measures for the Protection of Children Rules) 2011
| Jurisdiction | Scotland |
| Citation | SSI 2011/192 |
| Year | 2011 |
SCOTTISH STATUTORY INSTRUMENTS
2011 No. 192
SHERIFF COURT
Act of Sederunt (Jurisdiction in Respect of Parental
Responsibility and Measures for the Protection of Children
Rules) 2011
Made - - - - 10th March 2011
Coming into force in accordance with paragraph 1(1)
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of
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 (Jurisdiction in Respect of
Parental Responsibility and Measures for the Protection of Children Rules) 2011 and comes into
force on the day on which the Parental Responsibility and Measures for the Protection of Children
(International Obligations) (Scotland) Regulations 2010(b) come into force.
(2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
(3) In this Act of Sederunt—
“the 1996 Convention” means the Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the
Protection of Children, signed at the Hague on 19th October 1996(c);
“Contracting State” means a State in which the 1996 Convention has entered into force;
“foreign authority” means a judicial or administrative authority in a Contracting State other
than the United Kingdom;
“foreign court” means a court in a Contracting State other than the United Kingdom;
“these Rules” means the rules set out in this Act of Sederunt.
(4) A reference in these Rules to a numbered Article is a reference to the Article of the 1996
Convention so numbered.
(a) 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) (the “2000 asp”), schedule 5,
paragraph 13; the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43; the Vulnerable Witnesses
(Scotland) Act 2004 (asp 3), section 14(2); the Consumer Credit Act 2006 (c.14), section 16(4); and the Bankruptcy and
Diligence etc. (Scotland) Act 2007 (asp 3) (the “2007 asp”) section 33. Section 32 is amended prospectively by the 2007
asp, schedule 5, paragraph 10. Section 32 was extended by the Debtors (Scotland) Act 1987 (c.18), section 97; the Child
Support Act 1991 (c.48), sections 39(2) and 49; and by section 2(4) of the 2000 asp.
(b) S.S.I. 2010/213, regulation 1(2).
(c) Cm 7727.
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