SCHEDULE 1PROCEDURE RULES

(introduced by section 36(6))

Role of the Scottish Civil Justice Council

1

(1)

The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 is amended in accordance with this paragraph.

(2)

In subsection (1) of section 2 (functions of the Council)—

(a)

before paragraph (c) insert—

“(bb)

to review the practice and procedure followed in inquiry proceedings under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,”,

(b)

in paragraph (c), after sub-paragraph (ia) insert—

“(ib)

draft inquiry procedure rules,”.

(3)

After subsection (6A) of that section insert—

“(6B)

For the purposes of this Part, “draft inquiry procedure rules” are draft rules prepared with a view to the making by the Court of Session of an act of sederunt under section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.”.

(4)

In section 4 (Court of Session to consider rules)—

(a)

in subsection (1), after “draft fees rules” insert “ or draft inquiry procedure rules ”,

(b)

in subsection (2), after “draft fees rules” insert “ or draft inquiry procedure rules ”,

(c)

in subsection (3), after paragraph (b) insert—

“(c)

under section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.”.

(5)

In section 16 (interpretation of Part 1), after the entry relating to draft civil procedure rules insert—

““draft inquiry procedure rules” has the meaning given in section 2(6B),”.