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Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Drug Dealing Telecommunications Restriction Orders) 2017

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Scottish Statutory Instruments

2017 No. 460

Sheriff Court

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Drug Dealing Telecommunications Restriction Orders) 2017

Made

20th December 2017

Laid before the Scottish Parliament

21st December 2017

Coming into force

19th January 2018

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 104(1) of the Courts Reform (Scotland) Act 2014(2) and all other powers enabling it to do so.

Citation and commencement, etc.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Drug Dealing Telecommunications Restriction Orders) 2017.

(2) It comes into force on 19th January 2018.

(3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Summary Application Rules 1999

2.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(3) is amended in accordance with this paragraph and paragraph 3.

(2) After Part L (transfers from the Lands Tribunal for Scotland to the sheriff under the electronic communications code)(4) of Chapter 3 (rules on applications under specific statutes) insert—

PART LIDRUG DEALING TELECOMMUNICATIONS RESTRICTION ORDERS

Interpretation

3.51.1.  In this Part—

“the 2015 Act” means the Serious Crime Act 2015(5);

“DDTRO Regulations” means the Drug Dealing Telecommunications Restriction Orders Regulations 2017(6); and

unless the context otherwise requires, words and expressions used in this Part and in the 2015 Act or the DDTRO Regulations have the meaning given by the 2015 Act or the DDTRO Regulations, as the case may be.

Drug Dealing Telecommunications Restriction Orders

3.51.2.(1) An application under regulation 3 of the DDTRO Regulations (power to make a DDTRO) for a DDTRO—

(a)is to be made by summary application in Form 73; and

(b)must not be intimated to an affected person or their legal representative.

(2) A DDTRO is to be made in Form 74.

(3) An application for discharge, extension or variation of a DDTRO is to be made by an application in the process relating to the DDTRO in Form 75.

(4) Where an application under paragraph (3) is made, the sheriff may make such orders as he or she thinks fit for dealing with the application, including an order—

(a)requiring the applicant to intimate the application and any court order relating to it to any other person;

(b)requiring any party to lodge answers; and

(c)fixing a hearing on the application and any answers.

(5) An application for a DDTRO must be heard and determined in private.

(6) All proceedings in an application for discharge, extension or variation of a DDTRO must be heard and determined in public.

(7) Rule 2.5 (order for intimation to interested persons by the sheriff) does not apply to applications under this Part.

(8) Rule 2.30 (motion procedure), applying Chapter 15 of the Ordinary Cause Rules, applies to motions under this Part..

3.  In schedule 1, after Form 72, insert Forms 73, 74 and 75 as set out in the schedule of this Act of Sederunt.

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

20th December 2017

Paragraph 3

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the Summary Application Rules”) in consequence of the Drug Dealing Telecommunications Restrictions Orders Regulations 2017 (“the 2017 Regulations”).

Paragraph 2(2) inserts new rules 3.51.1 and 3.51.2 into the Summary Application Rules to make provision for applications for drug dealing telecommunications restriction orders (“DDTROs”), and for the variation, extension or discharge of such orders, under the 2017 Regulations. Regulation 4 of the 2017 Regulations provides that an application for DDTROs must be made and heard without notice being given to an affected person or their legal representative, and heard and determined in their absence. An appeal lies to the Sheriff Appeal Court.

Paragraph 3 inserts new Forms 73, 74 and 75. An application for a DDTRO is to be made by summary application in Form 73, a DDTRO is to be made in Form 74, and an application for discharge, extension or variation is to be made by application in the process in Form 75.

(1)

2013 asp 3. section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

(3)

S.I. 1999/929, last amended by S.S.I. 2017/459.

(4)

Part L was inserted by S.S.I. 2017/459.

(5)

2015 c.9. The Serious Crime Act 2015 was relevantly amended by section 107 of the Digital Economy Act 2017 (c.30).

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