(This note is not part of the Act of Sederunt)
This Act of Sederunt makes amendments to the Rules of the Court of Session 1994 to make provision in respect of financial restrictions proceedings under the Counter-Terrorism Act 2008 (“the 2008 Act”).
Paragraph 2 inserts a new Chapter 96. The new Chapter applies to financial restrictions proceedings in the Outer House of the Court of Session and appeals to the Inner House of the Court of Session in respect of those proceedings.
Rule 96.1 sets out various definitions and provides that the Chapter applies to reclaiming motions in financial restrictions proceedings as well as to first instance proceedings.
Rule 96.2 sets out the procedure for making applications to set aside financial restrictions decisions.
Rule 96.3 requires processes in financial restrictions proceedings to be lodged with the Deputy Principal Clerk.
Rule 96.4 obliges the Treasury to disclose all material on which they intend to rely, which may adversely affect their case or support the case of another party to the proceedings.
Rules 96.5 to 96.8 relate to applications by the Treasury for permission not to disclose information in financial restrictions proceedings under the 2008 Act and make provision for the procedure to be followed. Rule 96.5 provides that specified rules do not apply to such an application and provides that certain documents including the closed material and a summary of that material must be served on any special advocate who has been appointed. Further provision is made regarding those documents. Rule 96.6 makes provisions for the court’s determination of an application under rule 96.5 including provisions for a hearing. Rule 96.7 makes further provision regarding the summary lodged by the Treasury. Rule 96.8 applies when the Treasury elect not to disclose material or not to provide a summary and provides that the court shall take certain steps required by the 2008 Act.
Rules 96.9 and 96.10 concern the appointment of special advocates by the Advocate General for Scotland to represent the interests of parties to the proceedings and make provision about communication about the proceedings.
Rule 96.11 provides for the exclusion of parties and their legal representatives from financial restrictions proceedings under the 2008 Act.
Rule 96.12 makes provision regarding court opinions.
Rule 96.13 makes provision in respect of the recording of financial restrictions proceedings.