Act of Sederunt (Rules of the Court of Session Amendment No.3) (Miscellaneous) 1996
This Act of Sederunt amends the Rules of the Court of Session 1994 by—amending Chapter 14 (petitions) to make provision in respect of applications to the court in exercise of its parens patriae jurisdiction (paragraph 2(3) and (4));amending Chapter 41 (appeals under statute) to make provision for appeals from the Employment Appeal Tribunal and for appeals under section 25 of the Child Support Act 1991 (appeal from Child Support Commissioner) (paragraph 2(7), (10) and (11)); and further amending Chapter 41 in respect of periods of time (paragraph 2(8) and (9));amending rule 46.9 (International Oil Pollution Compensation Fund) to replace references to the Merchant Shipping Act 1974 with references to the Merchant Shipping Act 1995 (paragraph 2(15));amending Chapter 49 (family actions) to make provision for applications for financial provision on divorce where the order is in respect of a pension lump sum under section 12A of the Family Law (Scotland) Act 1985, including the provision of a new form (paragraph 2(16), (18), (19) and (44)(c)); and to omit the requirement in rule 49.23 (referral to family mediation and conciliation service) for the consent of the parties to referral (paragraph 2(17));amending Chapter 55 (causes relating to intellectual property) to make provision for the procedure for an application under regulations 3 and 5 of the Olympics Association Right (Infringement Proceedings) Regulations 1995 (paragraph 2(21), (22) and (23));amending Part VII of Chapter 62 (recognition, registration and enforcement of foreign judgments etc) to replace references to the Criminal Justice (Scotland) Act 1987 with references to the Proceeds of Crime (Scotland) Act 1995 and to extend the provisions of Part VII to the Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of external orders) Order 1995 (paragraph 2(26), (27), (28), (29), (30), (31), (32) and (33));amending Chapter 70 (applications under the Child Abduction and Custody Act 1985) to require the petitioner when lodging the petition to lodge affidavits containing the evidence relied on in support of the petition (paragraph 2(35), (36)(b), (38) and (39)(b)(i)); to require the respondent to lodge affidavits in support of the answers at least three days before the hearing to determine further progress (paragraph 2(36)(e) and (39)(d)); and to make provision for the court to determine the nature and extent of future evidence and the date of the diet (paragraph 2(36)(e) and (39)(d)); and further amending Chapter 70 by replacing references to “specified dependent territory” with references to “relevant territory” (paragraph 2(34), (36)(c), (37), (39)(b)(ii), (40) and (41));amending Chapter 75 (applications under the Financial Services Act 1986) to make provision for applications under regulations 8 and 9 of the Uncertificated Securities Regulations 1995 (paragraph 2(43)); andmaking minor consequential and typographical amendments (all other subparagraphs of paragraph 2).