PART 2OVERVIEW

The inquiry management powers2.6.

(1)

The sheriff may make any order necessary to further the purpose of an inquiry, including—

(a)

an order made to assist the sheriff to identify which issues are in dispute, such as an order—

(i)

fixing a hearing and specifying a purpose for that hearing;

(ii)

requiring participants to disclose the existence and nature of any information they hold relating to the inquiry;

(iii)

requiring participants to lodge particular documents or other items, or to lead particular witnesses;

(iv)

restricting the documents or other items which a participant may present, or the witnesses a participant may lead;

(v)

granting authority to recover documents or other items relating to the inquiry;

(b)

an order made to allow the sheriff to manage time efficiently, such as an order—

(i)

imposing a time limit on any step to be taken by a participant;

(ii)

varying a deadline or time limit set out in these Rules;

(c)

dealing with a participant’s non-compliance with a rule or order, such as an order—

(i)

requiring that participant to take a step as a consequence of not complying with a rule or order;

(ii)

relieving the participant from the consequences of not complying with a rule or order;

(iii)

imposing conditions on any relief from non-compliance.

(2)

The sheriff may make orders—

(a)

of the sheriff’s own accord; or

(b)

on the application of a participant.