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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Amendment Regulations 2008 No. 372 URL: http://www.bailii.org/scot/legis/num_reg/2008/ssi_20080372_en_1.html |
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Made
13th November 2008
Laid before the Scottish Parliament
13th November 2008
Coming into force
5th December 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and all other powers enabling them to do so.
1. These Regulations may be cited as the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Amendment Regulations 2008 and shall come into force on 5th December 2008.
2.–(1) The European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001(2) are amended in accordance with paragraphs (2) to (4).
(2) In regulation 2, for the definition of "the Council Regulation", substitute-
""Regulation 1393/2007" means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters(3);".
(3) In regulations 3 and 4, for "the Council Regulation" substitute "Regulation 1393/2007".
(4) Omit regulation 3(a).
KENNY MACASKILL
A member of the Scottish Executive
St Andrew´s House,
Edinburgh
13th November 2008
(This note is not part of the Regulations)
These Regulations amend the European Communities (Service of Judicial and Extrajudicial Documents) (Scotland) Regulations 2001 ("the principal Regulations").
Council Regulation (EC) No. 1348/2000 of 29th May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters O.J. No. L 160, 30.06.00, p.37 was repealed and replaced by Regulation (EC) No. 1393/2007 of the European Parliament and of the Council ("the EC Service Regulation").
These Regulations (regulation 2(4)) remove approved solicitors as a transmitting and receiving agency designated under Article 2 of the EC Service Regulation. The Regulations also update references to the EC Service Regulation in the principal Regulations.
1972 c. 68; section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3) and section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. Back [1]
S.S.I. 2001/172. Back [2]
O.J. No. L 324, 10.12.2007, p.79. Back [3]
