207.By way of background to the new provisions, it is relevant to note that section 2(4) of the Court of Session Act 1988 provides that, subject to section 5(ba), the quorum for a Division of the Inner House of the Court of Session shall be three judges. Section 5(ba) was inserted by the Judiciary and Courts (Scotland) Act 2008. Subsection 103(2)(p) of the Act gives the Court of Session power to make provision by act of sederunt as to the quorum for a Division of the Inner House considering solely procedural matters. That power is considered sufficient to provide for a single Inner House judge to deal with procedural matters including applications for leave or permission – see Rule 37A of the Rules of Court and as confirmed by the case of MBR v Secretary of State for the Home Department(6). However, the power is not considered sufficient to enable Rules of Court to enable a single judge to consider the initial stages of the appeal proceedings and decide by reference to the grounds of appeal whether the appeal proceedings should be allowed to proceed and if so on what grounds.
2013 SLT 1108; www.scotcourts.gov.uk/opinions/2013CSIH66.html.
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