Search Legislation

Courts Reform (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

103Power to regulate procedure etc. in the Court of Session

This section has no associated Explanatory Notes

(1)The Court of Session may by act of sederunt make provision for or about—

(a)the procedure and practice to be followed in proceedings in the Court,

(b)any matter incidental or ancillary to such proceedings.

(2)Without limiting that generality, the power in subsection (1) includes power to make provision for or about—

(a)execution or diligence following on such proceedings,

(b)avoiding the need for, or mitigating the length and complexity of, such proceedings, including—

(i)encouraging settlement of disputes and the use of alternative dispute resolution procedures,

(ii)action to be taken before such proceedings are brought by persons who will be party to the proceedings,

(c)other aspects of the conduct and management of such proceedings, including the use of technology,

(d)simplifying the language used in connection with such proceedings or matters incidental or ancillary to them,

(e)the form of any document to be used in connection with such proceedings, matters incidental or ancillary to them or matters specified in this subsection,

(f)appeals against a decision of the Court,

(g)applications that may be made to the Court,

(h)time limits in relation to proceedings mentioned in subsection (1), matters incidental or ancillary to them or matters specified in this subsection,

(i)the steps that the Court may take where there has been an abuse of process by a party to such proceedings,

(j)expenses that may be awarded to parties to such proceedings,

(k)other payments such parties may be required to make in respect of their conduct relating to such proceedings,

(l)the payment, investment or application of any sum of money awarded in such proceedings to or in respect of a person under a legal disability,

(m)the representation of parties to such proceedings, and others, including representation by persons who—

(i)are neither solicitors nor advocates, or

(ii)do not have the right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990,

(n)the functions and rights of persons appointed by the Court in connection with such proceedings,

(o)witnesses and evidence, including modifying the rules of evidence as they apply to such proceedings,

(p)the quorum for a Division of the Inner House considering purely procedural matters and, in the case of an extra Division, as to which judge is to preside and to sign any judgment or interlocutor pronounced by the extra Division,

(q)such other matters as the Court thinks necessary or appropriate for the purposes of carrying out or giving effect to the provisions of any enactment (including this Act) relating to such proceedings or matters incidental or ancillary to them.

(3)An act of sederunt under subsection (1) may make—

(a)incidental, supplemental, consequential, transitional, transitory or saving provision,

(b)provision amending, repealing or revoking any enactment (including any provision of this Act) relating to matters with respect to which an act of sederunt may be made,

(c)different provision for different purposes.

(4)This section is without prejudice to—

(a)any enactment that enables the Court to make rules (by act of sederunt or otherwise) regulating the practice and procedure to be followed in proceedings to which this section applies, or

(b)the inherent powers of the Court.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

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

Close

Explanatory Notes

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

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