Implementation of the 2019 Hague Convention in Scotland: FOI release

Information requested

Confirmation if there is a date for when the Hague Convention of 2019 will apply in Scotland.

Response

The answer to your question is in order for us to implement the Convention in Scotland, we’ve needed to have both regulations made by Ministers and rules of court.

On the regulations made by Ministers, these were done on a UK basis with the consent of the Scottish Ministers and are at The Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024 (legislation.gov.uk).

Rules of court are, in line with usual practice, being made separately in Scotland. The rules were agreed by the Scottish Civil Justice Council on 20 January 2025. The Act of Sederunt containing the rules will now be made and laid in the Scottish Parliament. Once it is clear the court rules are in place, the intention is that the UK declaration ratifying the Convention will be amended so that the application of the Convention from 1 July 2025 in the UK extends to Scotland (and to Northern Ireland as well – a similar process on court rules is being undertaken in Northern Ireland).

The Scottish Government intends to issue a circular once the process on court rules and amending the UK declaration has been completed. If you would find it useful to receive a copy of this circular, please let me know and I will add you to the distribution list accordingly.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.