SCHEDULE 2Operation of the justice system

PART 3Intimation, etc. of documents

10Replacement of requirement for intimation on walls of court, etc.

1

The Coronavirus (Scotland) Act 2020 is amended by this paragraph.

2

In schedule 4 (justice)—

a

after paragraph 1 insert—

1AIntimation, etc. on Scottish Courts and Tribunals Service website

1

Any requirement (however expressed) that a document—

a

be put on the walls, doors or any other part of a court building (whether internal or external), or

b

be made publicly available in any other way within a court building,

is to be fulfilled instead by the document’s being made publicly available through the Scottish Courts and Tribunals Service website.

2

But sub-paragraph (1) does not apply to a document if it is of a type that—

a

the Lord President of the Court of Session, or

b

the Lord Justice General,

has directed that sub-paragraph (1) does not apply to.

3

Where a document is to be made publicly available through the Scottish Courts and Tribunals Service website by virtue of this paragraph, it is to so be made available in accordance with—

a

any direction issued by—

i

the Lord President of the Court of Session, or

ii

the Lord Justice General, and

b

(subject to any necessary modifications) any enactment about—

i

how a step mentioned in paragraph (a) or (b) of sub-paragraph (1) is to be taken in relation to the document, or

ii

the length of time for which the document is to be made publicly available in a way described by those paragraphs.

4

A direction under sub-paragraph (3)(a) may, in particular, provide that a document is to be made available only in a redacted form.

5

If an enactment provides for an alternative to taking a step mentioned in paragraph (a) or (b) of sub-paragraph (1) as a means of achieving an outcome (for example, advertising an application in a newspaper as a means of intimating it), nothing in this paragraph precludes the taking of that alternative step to achieve the outcome.

6

In this paragraph, “the Scottish Courts and Tribunals Service website” means the website maintained by, or on behalf of, the Service with the internet domain name scotcourts.gov.uk.

b

in paragraph 5, after paragraph (a) insert—

aa

a direction under paragraph 1A(2) or (3)(a),