Search Legislation

Act of Sederunt (Fatal Accident Inquiry Rules) 2017

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 CITATION, COMMENCEMENT AND INTERPRETATION, ETC.

    1. 1.1.Citation and commencement, etc.

    2. 1.2.Interpretation

    3. 1.3.Periods of time

    4. 1.4.Forms

    5. 1.5.Miscellaneous and general matters

  3. PART 2 OVERVIEW

    1. 2.1.The structure of an inquiry

    2. 2.2.The inquiry principles

    3. 2.3.Taking into account the inquiry principles

    4. 2.4.Representation and support

    5. 2.5.Judicial continuity

    6. 2.6.The inquiry management powers

  4. PART 3 PRE-INQUIRY PROCEDURE

    1. 3.1.First notice

    2. 3.2.First order

    3. 3.3.Notice of the inquiry

    4. 3.4.Public notice of the inquiry

    5. 3.5.Other participation

    6. Preliminary hearings

      1. 3.6.Purpose of preliminary hearings

      2. 3.7.Before the first preliminary hearing

      3. 3.8.Procedure

  5. PART 4 INFORMATION

    1. 4.1.The law of evidence

    2. 4.2.The information management powers

    3. Witnesses and productions

      1. 4.3.Citation of witnesses

      2. 4.4.Gathering information

      3. 4.5.Oath and affirmation

      4. 4.6.Lodging productions

      5. 4.7.Witness lists

      6. 4.8.Recording of the inquiry

      7. 4.9.Vulnerable witnesses

    4. Agreeing information

      1. 4.10.Joint minutes of agreement

      2. 4.11.The duty to agree information

      3. 4.12.Notices to admit information

      4. 4.13.Witness statements

      5. 4.14.Video recordings

    5. Expert witnesses

      1. 4.15.Instructing expert witnesses

      2. 4.16.Information presented by expert witnesses

      3. 4.17.Minute of questions

      4. 4.18.Single expert witnesses

      5. 4.19.Concurrent presentation of expert witnesses

  6. PART 5 THE INQUIRY

    1. 5.1.Procedure

  7. PART 6 THE SHERIFF’S DETERMINATION

    1. 6.1.Form of determination

    2. 6.2.Form of response

    3. 6.3.Form of notice

  8. PART 7 FURTHER INQUIRY PROCEEDINGS

    1. 7.1.Form of notice

  9. Signature

    1. SCHEDULE 1

      APPLICATIONS

      1. 1.Interpretation

      2. 2.Making of applications

      3. 3.Written applications

      4. 4.Intimation of applications in writing

      5. 5.Opposition to applications in writing

      6. 6.Consent to applications in writing

      7. 7.Lodging of applications in writing

      8. 8.Joint applications in writing

      9. 9.Hearing of opposed applications in writing

    2. SCHEDULE 2

      INTIMATION

      1. PART 1 Intimation within Scotland

        1. 1.Interpretation

        2. 2.Intimation

        3. 3.Methods of intimation

        4. 4.Methods of intimation: intimation by recorded delivery

        5. 5.Methods of intimation: intimation by sheriff officer

        6. 6.Additional methods of intimation where receiving participant represented by solicitor

        7. 7.Form of certificate of intimation

      2. PART 2 Intimation furth of Scotland

        1. 8.Interpretation of this Part

        2. 9.Intimation furth of Scotland

        3. 10.Service in England and Wales etc.

        4. 11.Service in an EU member State

        5. 12.Service in a Hague Convention country

        6. 13.Service in a country with which the United Kingdom has a convention about how to serve court documents

        7. 14.Service in any other country

        8. 15.Consular service

        9. 16.Personal service

        10. 17.Postal service

        11. 18.Certification of translations

    3. SCHEDULE 3

      FORMS

    4. SCHEDULE 4

      MISCELLANEOUS AND GENERAL MATTERS

      1. 1.Lodging

      2. 2.Live links

      3. Reporting restrictions

        1. 3.Reporting restrictions: interpretation and application

        2. 4.Interim orders: notification to interested persons

        3. 5.Interim orders: representations

        4. 6.Notification of reporting restrictions

        5. 7.Applications for variation or revocation

      4. The style of oath and affirmation

        1. 8.Oaths

        2. 9.Affirmations

      5. Interventions

        1. 10.Interventions by the Commission for Equality and Human Rights and the Scottish Commission for Human Rights

        2. 11.Applications to intervene

        3. 12.Determination of applications

        4. 13.Invitations to intervene

        5. 14.Form of intervention

      6. Lay representation and support

        1. 15.Lay representation: applications

        2. 16.Lay representation: functions, conditions and duties

        3. 17.Lay support: application

        4. 18.Lay support: functions, conditions and duties

      7. Lay representation for non-natural persons

        1. 19.Interpretation

        2. 20.Lay representation of non-natural persons at inquiries

        3. 21.Applications for authorisation of lay representatives for non-natural persons

        4. 22.Lay representation of non-natural persons: functions, conditions and duties

    5. SCHEDULE 5

      GATHERING INFORMATION

      1. 1.Application of this schedule

      2. 2.Confidentiality

      3. 3.Warrants for production of original documents from public records

      4. 4.Applications for commission and diligence

      5. 5.Optional procedure before executing commission and diligence

      6. 6.Execution of commission and diligence

      7. 7.Letters of request

      8. 8.Information given on commission

      9. 9.Testimony by commissioner: interrogatories

      10. 10.Testimony by commissioner: conduct of commission

      11. 11.Testimony by commissioner: lodging and custody of video record and documents

      12. 12.Taking of evidence in the EU

    6. SCHEDULE 6

      VULNERABLE WITNESSES

      1. 1.Interpretation and application of this schedule

      2. 2.Form of notices and applications

      3. 3.Determination of notices and applications

      4. 4.Determination of notices and applications: supplementary orders

      5. 5.Intimation of orders

      6. 6.Testimony by commissioner: preparatory steps

      7. 7.Testimony by commissioner: interrogatories

      8. 8.Testimony by commissioner: conduct of commission

      9. 9.Testimony by commissioner: lodging and custody of video record and documents

  10. Explanatory Note

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 made 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