
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Civil Protection Measures (EU Exit)) 2022.
(2) It comes into force on 1st December 2022.
(3) A certified copy is to be inserted in the Books of Sederunt.
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(1) The Rules of the Court of Session 1994 are amended in accordance with this paragraph.
(2) In rule 4.2 (signature of documents), omit paragraph (3)(f).
(3) In rule 106.1 (interpretation)—
(a) omit the definition of “Article 5 certificate”;
(b) omit the definition of “Article 14 certificate”;
(c) in the definition of “incoming protection measure”, for “Member State other than the United Kingdom or Denmark” substitute “participating Member State”;
(d) for the definition of “Member State”, substitute—“
 “MRP Regulation” has the meaning given by Article 3(5A) of the Regulation;
 “participating Member State” has the meaning given by Article 3(5) of the Regulation;”.
(4) Omit rules 106.2 (form of application for Article 5 certificate) to 106.8 (issue of Article 14 certificate).
(5) In rule 106.11 (attachment of power of arrest to incoming protection measure)—
(a) in paragraph (2)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”;
(b) in paragraph (3)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”.
(6) In the appendix (forms)—
(a) omit Forms 106.2 to 106.7;
(b) in Form 106.10-A—
(i) for “
Member State of origin” substitute “participating Member State”;
(ii) for “the United Kingdom” substitute “Scotland”;
(c) in Form 106.10-B—
(i) for “
Member State of origin” substitute “participating Member State”;
(ii) for “the United Kingdom” substitute “Scotland”.
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(1) The Ordinary Cause Rules 1993 are amended in accordance with this paragraph.
(2) Omit Chapter 52 (mutual recognition of protection measures in civil measures).
(3) In appendix 1 (forms), omit Forms 52.2 to 52.7.
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(1) Part XLV (mutual recognition of protection measures in civil matters) of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with this paragraph.
(2) In rule 3.45(1) (interpretation)—
(a) omit—
(i) the definitions from “2015 Act” to “Article 14 certificate”;
(ii) the definitions from “interim risk of sexual harm order” to “interim trafficking and exploitation risk order”;
(iii) “risk of sexual harm order”;
(iv) “sexual offences prevention order”;
(v) “trafficking and exploitation prevention order”;
(vi) “trafficking and exploitation risk order”.
(b) in the definition of “incoming protection measure”, for “Member State other than the United Kingdom or Denmark” substitute “participating Member State”;
(c) for the definition of “Member State” substitute—“
 “MRP Regulation” has the meaning given by Article 3(5A) of the Regulation;
 “participating Member State” has the meaning given by Article 3(5) of the Regulation;”.
(3) Omit rules 3.45.2 (application of rules 3.45 to 3.45.9) to 3.45.9 (issue of Article 14 certificate).
(4) In rule 3.45.12 (attachment of power of arrest to incoming protection measure)—
(a) in paragraph (2)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”;
(b) in paragraph (3)(b), for “the Member State of origin” substitute “a participating Member State in accordance with Article 5 of the MRP Regulation”.
(5) In schedule 1 (forms)—
(a) omit Forms 61 to 64;
(b) in Form 65—
(i) for “
Member State of origin” substitute “participating Member State”;
(ii) for “the United Kingdom” substitute “Scotland”;
(c) in Form 66—
(i) for “
Member State of origin” substitute “participating Member State”;
(ii) for “the United Kingdom” substitute “Scotland”.
CJM SUTHERLAND
Lord President
I.P.D.
Edinburgh
9th November 2022