# Act of Sederunt (Child Care and Maintenance Rules) Amendment (No.2) 2009

S.S.I. 2009/449 · made 22 December 2009

This Act of Sederunt makes changes to the Act of Sederunt (Child Care and Maintenance Rules) 1997 to take account of new section5A being inserted into the Civil Jurisdiction and Judgments Act 1982 by virtue of the Civil Jurisdiction and Judgments Regulations 2009.

Made under: Sheriff Courts (Scotland) Act 1971 (Section 32); Civil Jurisdiction and Judgments Act 1982 (Section 48)

PDFs: Printed copy https://openlegislation.uk/act-of-sederunt-child-care-and-maintenance-rules-amendment-no2-2009/pdf/ssi_20090449_en.pdf

## Introductory text

Sheriff Court
Made 22nd December 2009
Coming into force 1st January 2010
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971 and section 48 of the Civil Jurisdiction and Judgments Act 1982, and of all other powers enabling them in that behalf, 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:

## 1 Citation and commencement

(1) This Act of Sederunt may be cited as the Act of Sederunt (Child Care and Maintenance Rules) Amendment (No.2) 2009 and comes into force on 1st January 2010.
(2) This Act of Sederunt is to be inserted in the Books of Sederunt.

## 2 Amendment of the Child Care and Maintenance Rules

(1) The Act of Sederunt (Child Care and Maintenance Rules) 1997 is amended in accordance with the following subparagraphs.
(2) In rule 5.38(1) (applications under section 5 of the 1982 Act) for—
(a) “An application” substitute “Applications”;
(b) “section 5” substitute “sections 5 or 5A”; and
(c) “the Secretary of State” substitute “the Scottish Ministers”.
(3) The heading of rule 5.38 becomes “Applications under sections 5 or 5A of the 1982 Act”.

## Signature

A.C. HAMILTON
Lord President
I.P.D.
Edinburgh
22nd December 2009

## Explanatory note

(This note is not part of the Act of Sederunt)
This Act of Sederunt makes changes to the Act of Sederunt (Child Care and Maintenance Rules) 1997 to take account of new section 5A being inserted into the Civil Jurisdiction and Judgments Act 1982 by virtue of the Civil Jurisdiction and Judgments Regulations 2009.
These changes arise in consequence of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which was agreed by the European Community, the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark on 30th October 2007 (known as the Lugano Convention). The Lugano Convention was ratified by the Council of Ministers on 18th May 2009 and enters into force for the European Community and Norway on 1st January 2010.

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Source: https://www.legislation.gov.uk/ssi/2009/449 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-child-care-and-maintenance-rules-amendment-no2-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.