Part 5

Special measures in civil cases

Vulnerable witnesses

Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004
60
1
In the 2020 Act, section 7 is repealed.
2
The Vulnerable Witnesses (Scotland) Act 2004 is amended by subsections (3) and (4).
3
In section 22B (prohibition on personal conduct of case) (inserted by section 4(5) of the 2020 Act), in subsection (7), for the words “section 7 of the Children (Scotland) Act 2020” substitute “section 22E and, if the register is divided into parts, the part which applies to the proceedings”.
4
After section 22D (presumption that personal conduct of case should be prohibited) (inserted by section 4(5) of the 2020 Act) insert—

Register of solicitors for section 22B
22E
1
The Scottish Ministers must—
a
establish, and
b
(subject to provision made under subsection (2)(c)) maintain,
a register of solicitors who may be appointed by a court under section 22B(6).
2
The Scottish Ministers, by regulations—
a
must—
i
specify the requirements that a person must satisfy in order to be included, and remain, on the register or each part of it (which may include requirements as to training and qualifications),
ii
set out the processes for including a person on, and removing a person from, the register or each part of it (including appeal rights),
iii
provide for the remuneration by the Scottish Ministers of solicitors appointed under section 22B(6), including expenses and outlays (such as counsel’s fees),
b
may provide for the register to be divided into parts by reference to type, subject matter, or category of civil proceedings,
c
may—
i
confer the duty of maintaining the register on a person, and
ii
make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection with, or for giving full effect to provision made by virtue of sub-paragraph (i).
3
Before making regulations under subsection (2), the Scottish Ministers must—
a
consult—
i
the Faculty of Advocates, and
ii
the Law Society of Scotland,
b
prepare and publish a report on the consultation.
4
A report under subsection (3)(b) must—
a
include a summary of how the views of those consulted under subsection (3) were taken into account by the Scottish Ministers in preparing any regulations to be made under subsection (2),
b
where no account has been taken of any such views, explain why not.
5
If the register is divided in accordance with subsection (2)(b), the entry for each person included on the register must specify on which part or parts of the register they are included.
6
Regulations under subsection (2)—
a
are subject to the affirmative procedure if, by virtue of paragraph (c)(ii) of that subsection, they add to, replace, or omit any part of the text of an Act, but
b
otherwise are subject to the negative procedure.
.