The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Commencement No. 2 and Transitional Provision) Regulations 2020

Scottish Statutory Instruments

2020 No. 23 (C. 2)

Court Of Session

Sheriff Appeal Court

Sheriff Court

Scottish Courts And Tribunals Service

The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Commencement No. 2 and Transitional Provision) Regulations 2020

Made

6th February 2020

Laid before the Scottish Parliament

10th February 2020

Coming into force

27th April 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 27(3) and (4) of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018(1).

Citation and commencement

1.  These Regulations may be cited as the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Commencement No. 2 and Transitional Provision) Regulations 2020 and come into force on 27 April 2020.

Appointed day

2.  27 April 2020 is the day appointed for the coming into force of the following provisions of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018—

(a) section 1 (success fee agreements),

(b) section 2 (enforceability of success fee agreements),

(c) section 3 (expenses in the event of success),

(d) section 4(3) to (5) (cap on success fees),

(e) section 6(1) to (7), (9) and (10) (personal injury claims), and

(f) section 7(1) and (2) (form and content of success fee agreements).

Transitional Provision

3.  The provisions listed in regulation 2 of these Regulations apply to success fee agreements entered into on or after 27 April 2020.

ASH DENHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th February 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations brings into force certain provisions of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (“the 2018 Act”).

Sections 1, 2, 3, 4(3) to (5), 6(1) to (7), (9), (10), 7(1) and (2) relate to success fee agreements and come into force on 27 April 2020.

Regulation 3 is a transitional provision which disapplies the above provisions to agreements entered into before 27 April 2020.

The Bill for the 2018 Act received Royal Assent on 5 June 2018. Sections 24 to 28 came into force on the following day and section 23 came into force on 5 August 2018.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 have been brought into force by commencement regulations made before the date of these Regulations.

Provision	Date of Commencement	Instrument No.
Section 4(1) and (2)	30 January 2019	S.S.I. 2018/368
Section 5	30 January 2019	S.S.I. 2018/368
Section 6(8)	30 January 2019	S.S.I. 2018/368
Section 7(3) and (4)	30 January 2019	S.S.I. 2018/368
Section 12(1), (3) and (4)	30 January 2019	S.S.I. 2018/368
Section 14	30 January 2019	S.S.I. 2018/368
Section 15	30 January 2019	S.S.I. 2018/368
Section 16	30 January 2019	S.S.I. 2018/368
Section 17	30 January 2019	S.S.I. 2018/368
Section 18	30 January 2019	S.S.I. 2018/368
Section 19	30 January 2019	S.S.I. 2018/368
Section 20(7) and (8)	30 January 2019	S.S.I. 2018/368
Section 21	30 January 2019	S.S.I. 2018/368
Section 22	30 January 2019	S.S.I. 2018/368
The schedule	30 January 2019	S.S.I. 2018/368

(1)

2018 asp 10.