PART 1

Scottish Civil Justice Council

Functions and powers

Functions of the Council
2
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.

Powers of the Council
3
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.

Court of Session to consider rules
4
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).

Annual programme and report
5
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.
S. 5 in force at 28.5.2013 by S.S.I. 2013/124, art. 2 (with art. 3)
S. 3 in force at 28.5.2013 by S.S.I. 2013/124, art. 2 (with art. 3)