Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Recognition and Enforcement of Judgments) 2022
| Jurisdiction | Scotland |
| Citation | SSI 2022/277 |
2022 No. 277
Court Of Session
Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Recognition and Enforcement of Judgments) 2022
Made 20th September 2022
Laid before the Scottish Parliament 21th September 2022
Coming into force 1st October 2022
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 20131, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 103(1) of the Courts Reform (Scotland) Act 20142and all other powers enabling it to do so.
Citation and commencement, etc.
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Recognition and Enforcement of Judgments) 2022.
(2) It comes into force on 1st October 2022.
(3) A certified copy is to be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session 1994
2.—(1) Chapter 62 (recognition, registration and enforcement of foreign judgments, etc.) of the Rules of the Court of Session3is amended in accordance with this paragraph.
(2) After rule 62.3 (translation of document lodged) insert—
“
Electronic signing and transmission of documents
62.3A.—(1) This rule applies in relation to a document which is to be given to, or issued by, the Keeper of the Registers under this Chapter.
(2) In this rule—
“document” includes a copy of a document;
“electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 20004(electronic signatures and related certificates), but includes a version of an electronic signature which is produced on a paper document;
“the Keeper of the Registers’ website” means the website maintained by, or on behalf of, the Keeper of the Registers with the domain name ros.gov.uk.
(3) An electronic signature fulfils any requirement (however expressed) that the document be signed.
(4) The document may be—
(a)
(a) given to the Keeper of the Registers by transmitting it to the Keeper of the Registers electronically;
(b)
(b) issued to a person by the Keeper of the Registers by—
(i) transmitting it to the person electronically;
(ii) transmitting it (electronically or otherwise) to a solicitor engaged to act on the person’s behalf in relation...
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