Section 28 Application of s. 1 of Administration of Justice (Scotland) Act 1972.
United Kingdom
When any proceedings have been brought, or are likely to be brought, F2... F3in a 2005 Hague Convention State or in England and Wales or Northern Ireland in respect of any matter which is within the scope of the F4Regulation as determined in Article 1, the Court of Session shall have the like power to make an order under section 1 of the M1Administration of Justice (Scotland) Act 1972 F5as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 as if the proceedings in question had been brought, or were likely to be brought, in that court.
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Annotations
Textual amendments
- F1
S. 28 re-numbered as s. 28(1) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 8(2)
- F2
Words in s. 28(1) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 35 (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in s. 28(1) inserted (S.) (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), regs. 1(1), 15
- F4
Word in s. 28 substituted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 12(b)
- F5
Words inserted (S.) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 59, Sch. 2 para. 24
- F6
S. 28(2) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 12(9) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
Marginal citations
- M1