PART 1Scottish Civil Justice Council
Functions and powers
I12Functions of the Council
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.