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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 463

SHERIFF COURT

Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007

  Made 17th October 2007 
  Coming into force 1st November 2007 

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971[1], and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Citation and commencement
     1. —(1) This Act of Sederunt may be cited as the Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 and shall come into force on 1st November 2007.

    (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of Ordinary Cause Rules
    
2. —(1) The Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907[2] shall be amended in accordance with the following sub-paragraphs.

    (2) In rule 1.2(1) (interpretation) after the definition of "period of notice" there shall be inserted the following:–

    (3) After rule 9.12(3)(c) (options hearing) there shall be inserted the following:–

    (4) At the end of rule 9A.3(3) (exchange lists of witnesses)[3] there shall be inserted the following:–

    (5) After rule 10.6(3)(c) (procedural hearing)[4] there shall be inserted the following:–

    (6) In rule 28A.1(3) (pre-proof hearing)[5]–

    (7) In rule 28.12(1)(d) (commissions without interrogatories) after "be responsible" there shall be inserted "in the first instance".

    (8) In rule 32A.1(2) (live links)[6] at the end of the definition of "witness" there shall be inserted the following:–

    (9) For rule 33.22A(4) (child welfare hearing)[7] there shall be substituted the following:–

    (10) For rule 33A.23(4) (child welfare hearing in civil partnership action)[8] there shall be substituted the following:–

    (11) For rule 35.10(2) (hearings in actions of multiplepoinding) there shall be substituted the following:–

    (12) After rule 40.12(2)(b) (Case Management Conference)[9] there shall be inserted the following:–

    (13) After Chapter 44 (equality enactments)[10] there shall be inserted the following:–



    (14) In Appendix 1–

Amendment of Summary Application Rules
    
3. —(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999[11] shall be amended in accordance with the following sub-paragraphs.

    (2) In rule 1.2(1) (interpretation), after "requires–" there shall be inserted the following:–

    (3) In rule 2.32(2)(live links)[12] at the end of the definition of "witness" there shall be inserted the following:–

    (4) After rule 2.32 (live links) there shall be inserted the following:–

Amendment of Summary Cause Rules
    
4. —(1) The Act of Sederunt (Summary Cause Rules) 2002[13] is amended in accordance with the following sub-paragraphs.

    (2) In rule 1.1(2) (interpretation), after the definition of "the 1975 Act" there shall be inserted the following:–

    (3) At the end of rule 8.3(3) (purpose of hearing) there shall be inserted the following:–

    (4) At the end of rule 8.6(3) (lists of witnesses), there shall be inserted the following:–

    (5) After Chapter 18 (recovery of evidence and attendance of witnesses) there shall be inserted the following:–



    (6) In rule 37.1(2) (live links)[14] at the end of the definition of "witness" there shall be inserted the following:–

    (7) In Appendix 1–

Amendment of Small Claim Rules
     5. —(1) The Act of Sederunt (Small Claim Rules) 2002[15] shall be amended in accordance with the following sub-paragraphs.

    (2) In rule 1.1(2) (interpretation), after the definition of "the 1975 Act" there shall be inserted the following:–

    (3) At the end of rule 9.2(3) (purpose of hearing) there shall be inserted the following:–

    (4) In rule 27.1(2) (live links)[16] at the end of the definition of "witness" there shall be inserted the following:–

    (5) After Chapter 17 (recovery of evidence and attendance of witnesses) there shall be inserted the following:–



    (6) In Appendix 1–


A C Hamilton
Lord President, I.P.D.

Edinburgh
17th October 2007



SCHEDULE 1
Paragraph 2(14)



PART 1







PART 2

















SCHEDULE 2
Paragraph 4(7)



PART 1







PART 2

















SCHEDULE 3
Paragraph 5(6)



PART 1







PART 2

















EXPLANATORY NOTE

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


This Act of Sederunt makes miscellaneous amendments to the rules of procedure in the sheriff court as follows.

Paragraph 2 amends the Ordinary Cause Rules to provide that at any procedural hearing prior to a proof or hearing where evidence will be heard, the sheriff will consider any child witness notice or vulnerable application that has been lodged or if such a notice or application should be lodged or if any order in relation to a vulnerable witness needs to be made. It also inserts a requirement that the list of witnesses must contain information as to whether the witness is a vulnerable witness and whether the appropriate notices or applications have been lodged.

A new Chapter 45 is inserted to provide procedure and forms for dealing with new child witness notices, vulnerable witness applications and applications to review orders specifying the special measures to be used in conjunction with a vulnerable witness. It also sets out the procedure for the special measure of taking evidence by a commissioner.

Rule 32A.1 on the use of live TV links to take witnesses evidence is also amended to exclude the use of this procedure by a vulnerable witness as this may be ordered as a special measure.

The witness citation form is also amended to give the witness some information about the possibility of giving evidence with a special measure if they are a vulnerable witness.

Paragraph 3 amends the Summary Application Rules to provide that the procedure in the new Chapter 45 of the Ordinary Cause Rules is to be used if there is a vulnerable witness to give evidence at any proof or hearing under the Summary Application Rules. It is also provided that the sheriff will make enquiry as to whether any of the witnesses are vulnerable, consider any notices or applications relating to a vulnerable witness, or make any order that is required when he is fixing a hearing in a summary application.

Rule 2.32 on the use of live TV links to take witnesses evidence is also amended to exclude the use of this procedure by a vulnerable witness as this may be ordered as a special measure.

The witness citation form is also amended to give the witness some information about the possibility of giving evidence with a special measure if they are a vulnerable witness.

Paragraph 4 amends the Summary Cause Rules to provide that at the calling date hearing the sheriff will enquire whether there is or is likely to be a vulnerable witness, consider any child witness notice or vulnerable application that has been lodged or if such a notice or application should be lodged or if any order in relation to a vulnerable witness needs to be made. It also inserts a requirement that the list of witnesses must contain information as to whether the witness is a vulnerable witness and whether the appropriate notices or applications have been lodged.

A new Chapter 18A is inserted to provide procedure and forms for dealing with new child witness notices, vulnerable witness applications and applications to review orders specifying the special measures to be used in conjunction with a vulnerable witness. It also sets out the procedure for the special measure of taking evidence by a commissioner.

Rule 37.1 on the use of live TV links to take witnesses evidence is also amended to exclude the use of this procedure by a vulnerable witness as this may be ordered as a special measure.

The witness citation form is also amended to give the witness some information about the possibility of giving evidence with a special measure if they are a vulnerable witness.

Paragraph 5 amends the Small Claim Rules to provide that at the hearing after the defender lodges a response the sheriff will enquire whether there is or is likely to be a vulnerable witness, consider any child witness notice or vulnerable application that has been lodged or if such a notice or application should be lodged or if any order in relation to a vulnerable witness needs to be made.

A new Chapter 17A is inserted to provide procedure and forms for dealing with new child witness notices, vulnerable witness applications and applications to review orders specifying the special measures to be used in conjunction with a vulnerable witness. It also sets out the procedure for the special measure of taking evidence by a commissioner.

Rule 27.1 on the use of live TV links to take witnesses evidence is also amended to exclude the use of this procedure by a vulnerable witness as this may be ordered as a special measure.

The witness citation form is also amended to give the witness some information about the possibility of giving evidence with a special measure if they are a vulnerable witness.


Notes:

[1] 1971 c.58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c.32), section 2(4), the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 18(2), the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 13, the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43 and the Vulnerable Witnesses (Scotland) Act 2004 (asp 3), section 14(2), and was extended by the Child Support Act 1991 (c.48), sections 39(2) and 49.back

[2] 1907 c.51. Schedule 1 was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445, S.S.I. 2000/239 and 408, 2001/8 and 144, 2002/7, 128 and 566, 2003/25 and 26, 2004/197 and 350, 2005/20, 189, 638 and 648 and 2006/207, 293, 410 and 509, and 2007/6.back

[3] Rule 9A.3 was inserted by S.S.I. 2004/197.back

[4] Rule 10.6 was amended by S.S.I. 2004/197 and 2006/410.back

[5] Rule 28A.1 was inserted by S.S.I. 2006/410.back

[6] Rule 32A.1 was inserted by S.S.I. 2007/6.back

[7] Rule 33.22A was inserted by S.I. 1996/2167.back

[8] Rule 33A.23 was inserted by S.S.I. 2005/638.back

[9] Rule 40.12 was inserted by S.S.I. 2001/8.back

[10] Chapter 44 was inserted by S.S.I. 2006/509.back

[11] S.I. 1999/929, amended by S.S.I. 2000/18 and 387, 2001/142, 2002/7, 129, 130, 146 and 583, 2003/26, 27, 98, 261, 319, 346 and 556, 2004/197, 222, 334 and 455, 2005/61, 473, 504 and 648 and 2006/410, 437 and 509, 2007/6, 339 and 440.back

[12] Rule 2.32 was inserted by S.S.I. 2007/6.back

[13] S.S.I. 2002/132, amended by S.S.I. 2002/516, 2003/216, 2004/197, 2005/648, 2006/509 and 2007/6.back

[14] Rule 37.1 was inserted by S.S.I. 2007/6.back

[15] S.S.I. 2002/133, amended by S.S.I. 2003/26, 2004/197, 2005/648, 2006/509 and 2007/6.back

[16] Rule 27.1 was inserted by S.S.I. 2007/6.back



ISBN 978 0 11 078465 6


 © Crown copyright 2007

Prepared 25 October 2007


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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070463.html