Act of Sederunt (Fatal Accident Inquiry Rules) 2017
PART 1
CITATION, COMMENCEMENT AND INTERPRETATION, ETC.
1.1
Citation and commencement, etc.
1.2
Interpretation
1.3
Periods of time
1.4
Forms
1.5
Miscellaneous and general matters
PART 2
OVERVIEW
2.1
The structure of an inquiry
2.2
The inquiry principles
2.3
Taking into account the inquiry principles
2.4
Representation and support
2.5
Judicial continuity
2.6
The inquiry management powers
PART 3
PRE-INQUIRY PROCEDURE
3.1
First notice
3.2
First order
3.3
Notice of the inquiry
3.4
Public notice of the inquiry
3.5
Other participation
Preliminary hearings
3.6
Purpose of preliminary hearings
3.7
Before the first preliminary hearing
3.8
Procedure
PART 4
INFORMATION
4.1
The law of evidence
4.2
The information management powers
Witnesses and productions
4.3
Citation of witnesses
4.4
Gathering information
4.5
Oath and affirmation
4.6
Lodging productions
4.7
Witness lists
4.8
Recording of the inquiry
4.9
Vulnerable witnesses
Agreeing information
4.10
Joint minutes of agreement
4.11
The duty to agree information
4.12
Notices to admit information
4.13
Witness statements
4.14
Video recordings
Expert witnesses
4.15
Instructing expert witnesses
4.16
Information presented by expert witnesses
4.17
Minute of questions
4.18
Single expert witnesses
4.19
Concurrent presentation of expert witnesses
PART 5
THE INQUIRY
5.1
Procedure
PART 6
THE SHERIFF’S DETERMINATION
6.1
Form of determination
6.2
Form of response
6.3
Form of notice
PART 7
FURTHER INQUIRY PROCEEDINGS
7.1
Form of notice
SCHEDULE 1
APPLICATIONS
1
Interpretation
2
Making of applications
3
Written applications
4
Intimation of applications in writing
5
Opposition to applications in writing
6
Consent to applications in writing
7
Lodging of applications in writing
8
Joint applications in writing
9
Hearing of opposed applications in writing
SCHEDULE 2
INTIMATION
PART 1
Intimation within Scotland
1
Interpretation
2
Intimation
3
Methods of intimation
4
Methods of intimation: intimation by recorded delivery
5
Methods of intimation: intimation by sheriff officer
6
Additional methods of intimation where receiving participant represented by solicitor
7
Form of certificate of intimation
PART 2
Intimation furth of Scotland
8
Interpretation of this Part
9
Intimation furth of Scotland
10
Service in England and Wales etc.
11
Service in an EU member State
12
Service in a Hague Convention country
13
Service in a country with which the United Kingdom has a convention about how to serve court documents
14
Service in any other country
15
Consular service
16
Personal service
17
Postal service
18
Certification of translations
SCHEDULE 3
FORMS
SCHEDULE 4
MISCELLANEOUS AND GENERAL MATTERS
1
Lodging
2
Live links
Reporting restrictions
3
Reporting restrictions: interpretation and application
4
Interim orders: notification to interested persons
5
Interim orders: representations
6
Notification of reporting restrictions
7
Applications for variation or revocation
The style of oath and affirmation
8
Oaths
9
Affirmations
Interventions
10
Interventions by the Commission for Equality and Human Rights and the Scottish Commission for Human Rights
11
Applications to intervene
12
Determination of applications
13
Invitations to intervene
14
Form of intervention
Lay representation and support
15
Lay representation: applications
16
Lay representation: functions, conditions and duties
17
Lay support: application
18
Lay support: functions, conditions and duties
Lay representation for non-natural persons
19
Interpretation
20
Lay representation of non-natural persons at inquiries
21
Applications for authorisation of lay representatives for non-natural persons
22
Lay representation of non-natural persons: functions, conditions and duties
SCHEDULE 5
GATHERING INFORMATION
1
Application of this schedule
2
Confidentiality
3
Warrants for production of original documents from public records
4
Applications for commission and diligence
5
Optional procedure before executing commission and diligence
6
Execution of commission and diligence
7
Letters of request
8
Information given on commission
9
Testimony by commissioner: interrogatories
10
Testimony by commissioner: conduct of commission
11
Testimony by commissioner: lodging and custody of video record and documents
12
Taking of evidence in the EU
SCHEDULE 6
VULNERABLE WITNESSES
1
Interpretation and application of this schedule
2
Form of notices and applications
3
Determination of notices and applications
4
Determination of notices and applications: supplementary orders
5
Intimation of orders
6
Testimony by commissioner: preparatory steps
7
Testimony by commissioner: interrogatories
8
Testimony by commissioner: conduct of commission
9
Testimony by commissioner: lodging and custody of video record and documents
2017 No. 103

Sheriff Court

Act of Sederunt (Fatal Accident Inquiry Rules) 2017
Made
31st March 2017
Laid before the Scottish Parliament
4th April 2017
Coming into force
15th June 2017
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 , the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 , paragraph 1A of schedule 2 of the European Communities Act 1972 and all other powers enabling it to do so.
This Act of Sederunt makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Court of Session that it is expedient for the references in this Act of Sederunt to Council Regulation (EC) No. 1206/2001 of 28th May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters and to Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000 , to be construed as references to those instruments as amended from time to time.
2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).
2016 asp 2.
1972 c.68. Paragraph 1A of schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).
Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1.
OJ L 174, 27.6.2001, p. 1.
OJ L 324, 10.12.2007, p. 79.