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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies to—
(a)proceedings relating to a referral made under section 92(4); and
(b)any other proceedings arising in consequence of those proceedings.
(2)The court in which those proceedings will be or are taking place may make such order as it thinks appropriate—
(a)to exclude from the proceedings any person—
(i)who does not fall within subsection (4); or
(ii)who does not, in the opinion of the court, have a sufficiently direct interest in the proceedings to justify that person’s presence during them;
(b)to prohibit the publication of any matter relating to the proceedings (including the fact that the referral has been made).
(3)Such an order is to be made only to the extent that the court thinks—
(a)that it is necessary to protect the safety of any person; and
(b)that it is in the interests of justice.
(4)The following persons fall within this subsection—
(b)an officer of the court;
(d)the other party to the proceedings;
(e)counsel or a solicitor for the other party.
(5)This section does not affect any other power which the court has by virtue of any rule of law or other enactment—
(a)to exclude any person from proceedings; or
(b)to prohibit or restrict the publication of any matter to which the proceedings relate;
or any rule of law or enactment consisting of such an exclusion, prohibition or restriction.
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Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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