Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Temporary Exclusion Orders) 2017

EXPLANATORY NOTE

(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 proceedings under the Counter-Terrorism and Security Act 2015 (“the 2015 Act”).

Paragraph 2(2) inserts a new Chapter 107 into the Rules.

Rule 107.2 sets out the procedure for making applications under section 3(1)(b) of the 2015 Act (application for permission to impose a temporary exclusion order); references under paragraph 3(1) of schedule 2 of the 2015 Act (references to the court in relation to the making of such an order in cases of urgency); and reviews under section 11(2) of the 2015 Act (review of decisions relating to such orders).

Rule 107.3 makes provision for initial diets to be held in respect of proceedings mentioned in rule 107.2.

Rule 107.4 makes provision in relation to the appointment of special advocates by the Advocate General for Scotland to represent individuals when they are excluded from proceedings under the 2015 Act.

Rule 107.5 makes provision in respect of communications about the proceedings by special advocates.

Rule 107.6 makes provision for the Secretary of State to apply to court for permission not to disclose information in proceedings under the 2015 Act.

Rule 107.7 provides for applications for anonymity in proceedings under the 2015 Act.

Rule 107.8 provides for the exclusion of an affected person and his or her legal representative from proceedings under the 2015 Act.

Rule 107.9 makes provision in respect of the recording of proceedings under the 2015 Act.