2020 No. 28
Court Of Session
Sheriff Appeal Court
Sheriff Court

Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Reporting Restrictions) 2020

Made
Laid before the Scottish Parliament
Coming into force
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 20131, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 20142 and all other powers enabling it to do so.

Citation and commencement, etc.1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Reporting Restrictions) 2020.

(2)

It comes into force on 2nd March 2020.

(3)

A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session2.

(1)

The Rules of the Court of Session 19943 are amended in accordance with this paragraph.

(2)

In Chapter 102 (reporting restrictions)4—

(a)

in rule 102.2 (interim orders: notification to interested persons)—

(i)

for the heading substitute “Interim orders”;

(ii)

in paragraph (1) for “may” substitute “must first”;

(iii)

in paragraph (2) omit “Where the courts makes an interim order,”;

(b)

in rule 102.3 (interim orders: representations)—

(i)

for the heading substitute “Representations”;

(ii)

omit paragraph (1).

Amendment of the Sheriff Appeal Court Rules 20153.

(1)

The Act of Sederunt (Sheriff Appeal Court Rules) 20155 is amended in accordance with this paragraph.

(2)

In Chapter 26 (reporting restrictions)—

(a)

in rule 26.2 (interim orders: notification to interested persons)—

(i)

for the heading substitute “Interim orders”;

(ii)

in paragraph (1) for “may” substitute “must first”;

(iii)

in paragraph (2) omit “Where the court makes an interim order,”;

(b)

in rule 26.3 (interim orders: representations)—

(i)

for the heading substitute “Representations”;

(ii)

omit paragraph (1).

Amendment of the Ordinary Cause Rules 19934.

(1)

The Ordinary Cause Rules 19936 are amended in accordance with this paragraph.

(2)

In Chapter 48 (reporting restrictions)7—

(a)

in rule 48.2 (interim orders: notification to interested persons)—

(i)

for the heading substitute “Interim orders”;

(ii)

in paragraph (1) for “may” substitute “must first”;

(iii)

in paragraph (2) omit “Where the court makes an interim order,”;

(b)

in rule 48.3 (interim orders: representations)—

(i)

for the heading substitute “Representations”;

(ii)

omit paragraph (1).

Amendment of the Summary Application Rules 19995.

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19998 is amended in accordance with this paragraph.

(2)

In Chapter 3 (rules on applications under specific statutes), Part XLI (reporting restrictions)9—

(a)

in rule 3.41.2 (interim orders: notification to interested persons)—

(i)

for the heading substitute “Interim orders”;

(ii)

in paragraph (1) for “may” substitute “must first”;

(iii)

in paragraph (2) omit “Where the court makes an interim order,”;

(b)

in rule 3.41.3 (interim orders: representations)—

(i)

for the heading substitute “Representations”;

(ii)

omit paragraph (1).

CJM SUTHERLAND
Lord President
I.P.D.

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Rules of the Court of Session 1994, the Act of Sederunt (Sheriff Appeal Court Rules) 2015, the Ordinary Cause Rules 1993 and the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999.

The amendments have the effect of requiring that where the judge or court, as the case may be, is considering making a reporting restriction order then an interim order must always be made first.