The Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Amendment Rules 2007

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Rules 1977 (“the principal Rules”) on the conduct of fatal accident inquiries (“FAIs”).

Courts in civil proceedings such as FAIs are required by Part 2 of the Vulnerable Witnesses (Scotland) Act 2004 (“the 2004 Act”) to take into account the circumstances of vulnerable witnesses.

Under section 4(7) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (“the 1976 Act”), the FAI rules of evidence and procedure, and the powers of a sheriff to deal with contempt of court and enforce the attendance of witnesses, are as nearly as possible those applicable in an ordinary civil cause before a sheriff sitting alone, subject to the 1976 Act and FAI specific rules made under it. The Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463) amends the rules for ordinary civil causes as a result of the 2004 Act.

These Rules make amendments required to the FAI specific rules of procedure contained in the principal Rules, in particular to prescribe the forms required. They also require intimation to civil partners and make minor amendments to update references to repealed legislation.