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Rule 30.3 Decrees for payment in foreign currency

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where decree has been granted for payment of a sum of money in a foreign currency or the sterling equivalent, a party requesting extract of the decree shall do so by minute endorsed on or annexed to the initial writ F1....

F2(2)

A declaration in Form G18 stating—

(a)

the rate of exchange on the date of the decree sought to be extracted or the date, within 3 days before the date, on which extract is ordered; and

(b)

the sterling equivalent;

must be lodged with the minute requesting extract of the decree.

F3(2A)

The declaration required under paragraph (2) must specify the source of the rate of exchange relied upon in the declaration.

(2B)

On receipt of Form G18, the sheriff clerk must, if satisfied with the terms of the form, sign and date the docquet in Form G18.

(3)

The extract decree issued by the sheriff clerk shall mention any F4declaration referred to in paragraph (2).

Annotations

Textual amendments

F1

Words in Sch. 1 rule 30.3(1) omitted (30.4.2025) by virtue of Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Miscellaneous) 2025 (S.S.I. 2025/80), paras. 1(3), 4(2)(a) (with para. 5)

F2

Sch. 1 rule 30.3(2) substituted (30.4.2025) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Miscellaneous) 2025 (S.S.I. 2025/80), paras. 1(3), 4(2)(b) (with para. 5)

F3

Sch. 1 rule 30.3(2A)(2B) inserted (30.4.2025) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Miscellaneous) 2025 (S.S.I. 2025/80), paras. 1(3), 4(2)(c) (with para. 5)

F4

Word in Sch. 1 rule 30.3(3) substituted (30.4.2025) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Miscellaneous) 2025 (S.S.I. 2025/80), paras. 1(3), 4(2)(d) (with para. 5)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5