Amendment of the Rules of the Court of Session 1994 – currency conversion

rule 2 + 2.—(1) The Rules of the Court of Session 1994(1) are amended in accordance with this paragraph and paragraph 3.

(2) In rule 7.5 (decrees for payment in foreign currency)—

rule 2 2 a + (a)in paragraph (1), for “certified statement of” substitute “declaration in Form 7.5 stating”;

rule 2 2 b + (b)for paragraph (2) substitute—

“(2) The declaration required under paragraph (1) must specify the source of the rate of exchange relied upon in the declaration.

(3) On receipt of the documents specified in paragraph (1), the Extractor must, if satisfied with the terms of those documents, sign and date the docquet in Form 7.5.”.

(3) In Chapter 62 (recognition, registration and enforcement of foreign judgments, etc.)(2)—

rule 2 3 a + (a)in each place where it occurs—

rule 2 3 a i + (i)for “the Act of 1920” substitute “the 1920 Act”;

rule 2 3 a ii + (ii)for “the 1920 Act or 1933 Act” substitute “the 1920 or 1933 Act”;

rule 2 3 a iii + (iii)for “the Act of 1933” substitute “the 1933 Act”;

rule 2 3 a iv + (iv)for “the Act of 1966” substitute “the 1966 Act”;

rule 2 3 a v + (v)for “the Act of 1982” substitute “the 1982 Act”;

rule 2 3 a vi + (vi)for “the Act of 1989” substitute “the 1989 Act”;

rule 2 3 a vii + (vii)for “the Act of 1995” substitute “the 1995 Act”;

rule 2 3 a viii + (viii)for “the Act of 2000” substitute “the 2000 Act”;

rule 2 3 b + (b)in rule 62.2 (certificate of currency conversion)(3)—

rule 2 3 b i + (i)in the heading for “Certificate” substitute “Declaration”;

rule 2 3 b ii + (ii)in paragraph (1)(a)—

rule 2 3 b ii aa + (aa)for “certified statement of” substitute “declaration in Form 62.2 stating”;

rule 2 3 b ii bb + (bb)at the end omit “and”;

rule 2 3 b iii + (iii)omit paragraph (1)(b);

rule 2 3 b iv + (iv)for paragraph (2) substitute—

“(2) The declaration required under paragraph (1)(a) must specify the source of the rate of exchange relied upon in the declaration.”;

rule 2 3 b v + (v)in paragraph (3), for “certificate of currency conversion” substitute “docquet in Form 62.2”;

rule 2 3 c + (c)the following provisions are mentioned for the purpose of head (d)—

rule 2 3 c i + (i)rule 62.8(2)(c) (registration of judgments under the 1920 Act or 1933 Act)(4);

rule 2 3 c ii + (ii)rule 62.15(2)(c) (registration under the 1966 Act);

rule 2 3 c iii + (iii)rule 62.22(1)(c) (registration of EU judgments);

rule 2 3 c iv + (iv)rule 62.32(2)(c) (registration under the 1982 Act, the Council Regulation, the 2005 Hague Convention or the Lugano Convention)(5);

rule 2 3 c v + (v)rule 62.64(2)(c) (registration for enforcement under this Part)(6);

rule 2 3 d + (d)for each provision mentioned in head (c) substitute—

“(c)any declaration of currency conversion under rule 62.2(1)(a),”;

rule 2 3 e + (e)in rule 62.37 (enforcement of judgments from another part of the United Kingdom in Scotland (money provisions))(7), for paragraph (1)(b) substitute—

“(b)any declaration of currency conversion under rule 62.2(1)(a).”;

rule 2 3 f + (f)in rule 64.46(2)(c) (registration under the Liner Conferences Act)(8), for “certificate of currency conversion under rule 62.2(1)(b)” substitute “declaration of currency conversion under rule 62.2(1)(a)”;

rule 2 3 g + (g)in rule 62.54B(1) (registration under the POCA Order in Council of 2005: further provision)(9), for “certificate” substitute “declaration”;

rule 2 3 h + (h)for rule 62.58(4)(c) (registration of Convention award)(10) substitute—

“(c)any declaration of currency conversion under rule 62.2(1)(a).”;

rule 2 3 i + (i)in rule 62.72(2)(c) (registration under the Council Regulation)(11), for “certificate of currency conversion under rule 62.2(1)(b)” substitute “declaration of currency conversion under rule 62.2(1)(a)”;

(4) In the appendix (forms)(12)—

rule 2 4 a + (a)after Form 7.1 (form of application to Extractor for extract of a decree)(13) insert Form 7.5 (form of declaration of rate of exchange) as set out in schedule 1 of this Act of Sederunt;

rule 2 4 b + (b)for Form 62.2 (form of certificate of currency conversion) substitute Form 62.2 (form of declaration of rate of exchange) as set out in schedule 2 of this Act of Sederunt.