Search Legislation

Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

Functions and powers

2Functions of the Council

(1)The functions of the Council are—

(a)to keep the civil justice system under review,

(b)to review the practice and procedure followed in proceedings in the Court of Session and in civil proceedings in the sheriff court,

(c)to prepare and submit to the Court of Session draft civil procedure rules,

(d)to provide advice and make recommendations to the Lord President on the development of, and changes to, the civil justice system, and

(e)to provide such advice on any matter relating to the civil justice system as may be requested by the Lord President.

(2)In carrying out its functions under this Act, the Council must have regard to—

(a)the principles in subsection (3), and

(b)any guidance issued by the Lord President.

(3)The principles are—

(a)the civil justice system should be fair, accessible and efficient,

(b)rules relating to practice and procedure should be as clear and easy to understand as possible,

(c)practice and procedure should, where appropriate, be similar in all civil courts, and

(d)methods of resolving disputes which do not involve the courts should, where appropriate, be promoted.

(4)For the purposes of this Part, “draft civil procedure rules” are draft rules which relate to a matter in subsection (5).

(5)Those matters are—

(a)any matter relating to a court within the remit of the Council which the Court of Session may regulate by act of sederunt,

(b)any matter relating to a court within the remit of the Council in anticipation of the Court of Session being given power to regulate the matter by act of sederunt, or

(c)any matter relating to a proposed court in anticipation of—

(i)the court being established and added to the remit of the Council, and

(ii)the Court of Session being given power to regulate the matter by act of sederunt.

(6)The courts within the remit of the Council are—

(a)the Court of Session, and

(b)the sheriff court.

3Powers of the Council

(1)The Council may take such action as it considers necessary or desirable in pursuance of its functions.

(2)In particular, the Council may—

(a)have regard to proposals for legislative reform which may affect the civil justice system,

(b)have regard to the criminal justice system and its effects on the civil justice system,

(c)consult such persons as it considers appropriate,

(d)co-operate with, and seek the assistance and advice of, such persons as it considers appropriate,

(e)make proposals for research into the civil justice system,

(f)provide advice and make recommendations to the Scottish Ministers on the development of, and changes to, the civil justice system, and

(g)publish any recommendation it makes.

4Court of Session to consider rules

(1)The Court of Session must consider any draft civil procedure rules submitted to it by the Council and may—

(a)approve the rules,

(b)approve the rules with such modifications as it considers appropriate, or

(c)reject the rules.

(2)Where the Court of Session approves draft civil procedure rules (with or without modification) it must embody the approved rules in an act of sederunt.

(3)Nothing in this Part affects the powers of the Court of Session to prepare or make rules which relate to a matter in section 2(5).

5Annual programme and report

(1)The Council must prepare an annual plan setting out its objectives and priorities for each yearly period beginning on 1 April before the start of that period (“the programme”).

(2)The Council must prepare an annual report on its activities as soon as reasonably practicable after the end of each yearly period ending on 31 March (“the report”).

(3)The report must include a summary of the recommendations made (if any) by the Council during the period covered by the report.

(4)The Council must lay a copy of the programme and the report before the Scottish Parliament.

(5)In complying with the duty in subsection (4), the Council may combine the programme for the coming year with the report for the ending year.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources