The Human Rights Act 1998 (Jurisdiction) (Scotland) Rules 2000

Made28th August 2000

Laid before the Scottish Parliament30th August 2000

Coming into force2nd October 2000

The Scottish Ministers, in exercise of the powers conferred on them by sections 7 and 9 of the Human Rights Act 19981, and of all other powers enabling them in that behalf, hereby make the following Rules:

Citation, commencement and extent1

1

These Rules may be cited as the Human Rights Act 1998 (Jurisdiction) (Scotland) Rules 2000 and shall come into force on 2nd October 2000.

2

These Rules extend to Scotland only.

Interpretation2

In these Rules, “the Act” means the Human Rights Act 1998.

Proceedings under section 7 of the Act3

In so far as not determined by any enactment2, the appropriate court or tribunal for the purposes of section 7(1)(a) of the Act is any civil court or tribunal which has jurisdiction to grant the remedy sought.

Proceedings under section 9 of the Act4

1

The Court of Session is prescribed for the purposes of paragraph (c) of subsection (1) of section 9 of the Act in cases where proceedings in respect of the judicial act in question could not, at any time since the date of that act, have competently been brought under paragraph (a) or (b) of that subsection.

2

Nothing in section 7 of the Sheriff Courts (Scotland) Act 19073 shall prevent proceedings being brought in the Court of Session by virtue of paragraph (1) above.

JAMES R WALLACEA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh28th August 2000

(This note does not form part of the Rules)

These Rules—

a

specify, for the purposes of section 7(1)(a) of the Human Rights Act 1998 (“the Act”), the appropriate court or tribunal within which proceedings may be brought (rule 3); and

b

prescribe the Court of Session, for the purposes of section 9(1)(c) of the Act, as the forum in which proceedings may be brought that cannot be brought by—

i

exercising a right of appeal; or

ii

raising a petition for judicial review (rule 4).