Search Legislation

Civil Evidence (Family Mediation) (Scotland) Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes to legislation:

There are currently no known outstanding effects for the Civil Evidence (Family Mediation) (Scotland) Act 1995. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Legislation Crest

S

Civil Evidence (Family Mediation) (Scotland) Act 1995

1995 CHAPTER 6

An Act to make provision for the inadmissibility as evidence in civil proceedings in Scotland of information as to what occurred during family mediation.

[1st May 1995]

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1Act restricted (19.1.1996) by S.I. 1996/125, art. 3

1 Inadmissibility in civil proceedings of information as to what occurred during family mediation.S

(1)Subject to section 2 of this Act, no information as to what occurred during family mediation to which this Act applies shall be admissible as evidence in any civil proceedings.

(2)This Act applies to family mediation—

(a)between two or more individuals relating to—

(i)the residence of a child;

(ii)the regulation of personal relations and direct contact between a child and any other person;

(iii)the control, direction or guidance of a child’s upbringing;

(iv)the guardianship or legal representation of a child; or

(v)any other matter relating to a child’s welfare;

(b)between spouses or former spouses concerning matters arising out of the breakdown or termination of their marriage;

(c)between parties to a purported marriage concerning matters arising out of the breakdown or annulment of their purported marriage;

[F1(cc)between partners in a civil partnership or persons in a purported civil partnership concerning matters arising out of the breakdown or termination of their relationship,]

F1(d)between co-habitants or former co-habitants concerning matters arising out of the breakdown or termination of their relationship; or

(e)of such other description as the Secretary of State may prescribe,

which is conducted by a person accredited as a mediator in family mediation to an organisation which is concerned with such mediation and which is approved for the purposes of this Act by the Lord President of the Court of Session.

(3)The Lord President of the Court of Session may—

(a)in approving an organisation under subsection (2) above, specify the period for which the approval is granted;

(b)if he thinks fit, withdraw the approval at any time.

(4)A certificate by the Lord President approving an organisation under subsection (2) above shall be—

(a)in such form as may be prescribed by Act of Sederunt; and

(b)admissible as evidence in any civil proceedings and sufficient evidence of the matters contained therein.

(5)A document purporting to be a certificate by the Lord President for the purposes of this Act shall be accepted by the court as such unless the contrary is proved.

(6)The Lord President may, in connection with the performance of any of his functions under this Act, require an organisation which is seeking, or has been granted, approval under subsection (2) above to provide him with such information as he thinks fit.

(7)For the purposes of subsection (2)(d) above, “co-habitants” means —

[F2(a)]a man and a woman who are not married to each other but who are living together as if they were husband and wife; [F3or

(b)two persons who are not civil partners of each other but are living together as if they were civil partners.]

F3(8)In this Act, “civil proceedings” does not include an arbitration or proceedings before a tribunal or inquiry.

(9)In this section and section 2 of this Act, any reference to what occurred during family mediation shall include a reference to what was said, written or observed during such mediation.

2 Exceptions to general rule of inadmissibility.S

(1)Nothing in section 1 of this Act shall prevent the admissibility as evidence in civil proceedings—

(a)of information as to any contract entered into during family mediation or of the fact that no contract was entered into during such mediation;

(b)where any contract entered into as a result of family mediation is challenged in those civil proceedings, of information as to what occurred during family mediation which relates to the subject matter of that challenge;

(c)of information as to what occurred during family mediation if every participant (other than the mediator) in that mediation agrees that the information should be admitted as evidence; or

(d)of information as to what occurred during family mediation if those civil proceedings are proceedings—

(i)(whether under any enactment or otherwise) relating to a child’s care or protection to which a local authority or a voluntary organisation is a party;

F4(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4( iia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)for [F5the making of an adoption order (as defined in [F6section 28(1)] of the Adoption and Children (Scotland) Act 2007 (asp 4))];

[F7(iiia) under Part 5 or, as the case may be, any of Parts 8 to 16 of the Children’s Hearings (Scotland) Act 2011 (asp 1) before, or relating to, a children’s hearing, before a sheriff or before a justice of the peace;

(iiib)on any appeal arising from such proceedings as are mentioned in sub-paragraph (iiia);]

(iv)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)against one of the participants, or the mediator, in a family mediation in respect of damage to property, or personal injury, alleged to have been caused by that participant or, as the case may be, mediator during family mediation; or

(vi)arising from the family mediation and to which the mediator is a party.

(2)For the purposes of this section—

(a)an individual, spouse, former spouse, party to a purported marriage, or co-habitant referred to in section 1(2) of this Act; and

(b)insofar as the family mediation includes any of the matters mentioned in section 1(2)(a) of this Act, a child who—

(i)is the subject of such a family mediation; and

(ii)at the time the family mediation took place was capable of understanding the nature and significance of the matters to which the information which is sought to be admitted as evidence relates,

shall be regarded as a participant in the family mediation.

(3)Notwithstanding anything in the M1Age of Legal Capacity (Scotland) Act 1991, any child who is regarded as a participant in family mediation by virtue of subsection (2) above shall have legal capacity to agree that information should be admitted as evidence.

(4)The Secretary of State may prescribe other persons or classes of person who shall be regarded for the purposes of this section as participants in a family mediation.

3 Short title, construction, commencement and extent.S

(1)This Act may be cited as the Civil Evidence (Family Mediation) (Scotland) Act 1995.

(2)In this Act, “prescribe”, except in relation to an Act of Sederunt, means prescribe by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3)This Act shall come into force on such day as the Lord Advocate may by order made by statutory instrument appoint; and such order may include such transitional or incidental provisions as appear to him to be necessary or expedient.

(4)This Act extends to Scotland only.

Subordinate Legislation Made

P1S. 3(3) power fully exercised (19.1.1996): 19.2.1996 appointed day by S.I. 1996/125, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources