
1 

(1) These Regulations may be cited as the Civil Jurisdiction and Judgments (Protection Measures) (Scotland) Regulations 2014 and come into force on 11th January 2015.
(2) These Regulations extend to Scotland only.
2 
In these Regulations—
 “incoming protection measure” means a protection measure within the meaning of Article 3 of the Protection Measures Regulation that has been ordered in a Member State other than the United Kingdom or Denmark;
 “protection measure” has the meaning given to it by Article 3 of the Protection Measures Regulation; and
 “Protection Measures Regulation” means Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12th June 2013 on mutual recognition of protection measures in civil matters.
3 

(1) The courts specified in paragraph (2) have jurisdiction for the purposes of—
(a) issuing a certificate under Article 5 of the Protection Measures Regulation;
(b) rectifying or withdrawing a certificate under Article 9 of the Protection Measures Regulation; and
(c) issuing a certificate under Article 14 of the Protection Measures Regulation.
(2) The courts are—
(a) where the protection measure was ordered by the Court of Session, the Court of Session; and
(b) where the protection measure was ordered by a sheriff court, the sheriff court in which the protection measure was ordered.
4 
The Court of Session and the sheriff court have jurisdiction for the purposes of—
(a) enforcing an incoming protection measure under Article 4 of the Protection Measures Regulation;
(b) adjusting a factual element of an incoming protection measure under Article 11 of the Protection Measures Regulation;
(c) refusing to recognise or enforce an incoming protection measure under Article 13 of the Protection Measures Regulation;
(d) suspending or withdrawing the effects of recognition or enforcement of an incoming protection measure under Article 14 of the Protection Measures Regulation.
5 

(1) For the purposes of enforcing an incoming protection measure under Article 4 of the Protection Measures Regulation, the Court of Session has the same powers, and may undertake the same procedure for enforcement, as if the incoming protection measure was an interdict granted by the Court of Session.
(2) For the purposes of enforcing an incoming protection measure under Article 4 of the Protection Measures Regulation, the sheriff court has the same powers, and may undertake the same procedure for enforcement, as if the incoming protection measure was an interdict granted by the sheriff court.
(3) In paragraphs (1) and (2) “interdict” includes interim interdict.
PAUL WHEELHOUSE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
25th November 2014