The Apologies (Scotland) Act 2016 (Excepted Proceedings) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 2 of the Apologies (Scotland) Act 2016 (“the 2016 Act”).

Section 1 of the 2016 Act sets out the effect of an apology made outside of the legal proceedings to which the Act applies. The legal proceedings covered by the 2016 Act are detailed in section 2. The 2016 Act does not apply to any criminal proceedings (section 2(3)). The 2016 Act applies to all civil proceedings except the categories of proceedings specified in section 2(1).

Section 2(1)(a) of the 2016 Act excepts inquiries caused to be held by Scottish Ministers under the Inquiries Act 2005. Regulation 2(2) replaces section 2(1)(a) of the 2016 Act with a new version which extends the exception to all inquiries held in Scotland under the Inquiries Act 2005, including inquiries in Scotland caused to be held by UK Ministers.

Regulation 2(2) and (3) also introduce a new exception to section 2(1) of the 2016 Act. This excepts proceedings of the professional regulatory bodies listed in a new section 2(1A) that have as their main purpose the determination of whether or not a person meets the body’s requirements for registration and/or meets the standards or requirements for practising a profession regulated by that body. This would include proceedings that determine whether or not the person meets the body’s requirements to practise or to continue to practise the profession and proceedings concerning their fitness to practise a profession. These are all proceedings which may ultimately decide whether or not a person will be allowed to work or continue to work in a particular profession.