Civil Evidence (Family Mediation) (Scotland) Act 1995
| Jurisdiction | UK Non-devolved |
| Citation | 1995 c. 6 |
| Year | 1995 |
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]
B e 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:—
1 Inadmissibility in civil proceedings of informationas to what occurred during faming mediation.
(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;
(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 a man and a woman who are not...
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