(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Act of Sederunt (Child Care and Maintenance Rules) 1997 (“the 1997 Rules”) to give the sheriff the same powers to deal with applications in relation to vulnerable witnesses and the special measures that may be ordered in relation to vulnerable witnesses within the meaning of the Vulnerable Witnesses (Scotland) Act 2004 (“the 2004 Act”) that are held by the sheriff under Chapter 45 of the Ordinary Cause Rules in the First Schedule to the Sheriff Courts (Scotland) Act 1907. These powers apply to all hearings under the 1997 Rules, except those hearings where rules in relation to vulnerable witnesses already apply under Part XI of Chapter 3 of the 1997 Rules.
The amendment is consequent upon the 2004 Act being commenced where a person who is a vulnerable witness within the meaning of section 11(1) of the 2004 Act is giving or is to give evidence in or for the purposes of any civil proceedings.