Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012
| Jurisdiction | Scotland |
| Citation | SSI 2012/271 |
| Year | 2012 |
2012 No. 271
Sheriff Court
Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012
Made 4th October 2012
Laid before the Scottish Parliament 8th October 2012
Coming into force 1st November 2012
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711, section 77A of the Regulation of Investigatory Powers Act 20002and 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, commencement and interpretation
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012 and comes into force on 1st November 2012.
(2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
(3) In this Act of Sederunt—
“Ordinary Cause Rules” means the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 19073;
“Summary Application Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19994.
Lodging audio or audio-visual recordings of children
2.—(1) The Ordinary Cause Rules are amended in accordance with the following subparagraph.
(2) After Chapter 49 (admiralty actions)5insert—
“CHAPTER 50
LODGING AUDIO OR AUDIO-VISUAL RECORDINGS OF CHILDREN
Interpretation
50.1. In this Chapter “child” is a person under the age of 16 on the date of commencement of the proceedings and “children” shall be construed accordingly.
Lodging an audio or audio-visual recording of a child
50.2.—(1) Where a party seeks to lodge an audio or audio-visual recording of a child as a production, such party must—
(a)
(a) ensure that the recording is in a format that can be heard or viewed by means of equipment available in court;
(b)
(b) place the recording together with a copy of the relevant inventory of productions in a sealed envelope marked with—
(i) the names of the parties to the court action;
(ii) the case reference number;
(iii) (where available) the date and time of commencement and of termination of the recording; and
(iv) “recording of a child – confidential”.
(2) The sealed envelope must be lodged with the sheriff clerk.
(3) In the remainder of this Chapter a “recording of a child” means any such recording lodged under this rule.
Separate inventory of productions
50.3.—(1) On each occasion that a recording of a child is lodged, a separate inventory of productions shall be lodged in process.
(2) The sheriff clerk will mark the date of receipt and the number of process on the sealed envelope containing a recording of a child.
Custody of a recording of a child
50.4.—(1) A recording of a child—
(a)
(a) must be kept in the safe custody of the sheriff clerk;
(b)
(b) subject to rule 50.5, will not form a borrowable part of the process.
(2) The seal of the envelope containing a recording of a child shall be broken only with the authority of the sheriff and on such conditions as the sheriff thinks fit (which conditions may relate to listening to or viewing the recording).
Access to a recording of a child
50.5.—(1) A party may lodge a written motion to gain access to and listen to or view a recording of a child.
(2) The sheriff may refuse a motion or grant it on such conditions as the sheriff thinks fit, including—
(a)
(a) allowing only such persons as the sheriff may specify to listen to or view the recording;
(b)
(b) specifying the location where such listening or viewing is to take place;
(c)
(c) specifying the date and time when such listening or viewing is to take place;
(d)
(d) allowing a copy of the recording to be made (in the same or different format) and arrangements for the safe-keeping and disposal of such copy;
(e)
(e) arrangements for the return of the recording and re-sealing the envelope.
Incidental appeal against rulings on access to a recording of a child
50.6.—(1) Where a party is dissatisfied with the ruling of the sheriff under rule 50.5, such party may express immediately his or her formal dissatisfaction with the ruling and, with leave of the sheriff, appeal to the sheriff principal.
(2) The sheriff principal must dispose of an appeal under paragraph (1) with the least possible delay.
Exceptions
50.7.—(1) The sheriff may, on the application of a party and on cause shown, disapply the provisions of this Chapter.
(2) An application under paragraph (1) shall be made—
(a)
(a) at the time of presenting the recording for lodging;
(b)
(b) by letter addressed to the sheriff clerk stating the grounds on which the application is made.
Application of other rules
50.8.—(1) The following rules do not apply to a recording of a child—
(a)
(a) rule 9A.2(2) (inspection of documents)6;
(b)
(b) rule 11.6(1) (intimation of parts of process and adjustments)7, in so far as it would otherwise require a party to deliver a copy of a recording of a child to every other party;
(c)
(c) rule 29.12(1) (copy productions)8.”.
3.—(1) The Summary Application Rules are amended in accordance with the following subparagraph.
(2) In Chapter 2 after rule 2.41 (form of intervention)9insert—
“Lodging audio or audio-visual recordings of children
2.42.—(1) In this rule “child” is a person under the age of 16 on the date of commencement of the proceedings and “children” shall be construed accordingly.
(2) Except where the sheriff otherwise directs, where a party seeks to lodge an audio or audio-visual recording of a child as a production in a summary application, this shall be done in accordance with and regulated by Chapter 50 of the Ordinary Cause Rules.
(3) A party who has lodged a recording of a child shall—
(a)
(a) within 14 days after the final determination of the application, where no subsequent appeal has been marked, or
(b)
(b) within 14 days after the disposal of any appeal marked on the final determination of the application,
uplift the recording from process.
(4) Where a recording has not been uplifted as required by paragraph (3), the sheriff clerk shall intimate to—
(a)
(a) the solicitor who lodged the recording, or
(b)
(b) where no solicitor is acting, the party or such other party as seems appropriate,
that if he or she fails to uplift the recording within 28 days after the date of such intimation, it will be disposed of in such a manner as the sheriff directs.”.
4.—(1) The Act of Sederunt (Child Care and Maintenance Rules) 199710is amended in accordance with the following subparagraphs.
(2) In Chapter 1 after rule 1.5 (vulnerable witnesses)11insert—
“Lodging audio or audio-visual recordings of children
1.6.—(1) In this rule “child” is a person under the age of 16 on the date of commencement of the proceedings and “children” shall be construed accordingly.
(2) Except where the sheriff otherwise directs, where a party seeks to lodge an audio or audio-visual recording of a child as a production in an application under this Act of Sederunt, this shall be done in accordance with and regulated by Chapter 50 of the Ordinary Cause Rules.
(3) A party who has lodged a recording of a child shall—
(a)
(a) within 28 days after the final determination of the application, where no subsequent appeal has been marked, or
(b)
(b) within 28 days after the disposal of any appeal marked on the final determination of the application,
uplift the recording from process.
(4) Where a recording has not been uplifted as required by paragraph (3), the sheriff clerk shall intimate to—
(a)
(a) the solicitor who lodged the recording, or
(b)
(b) where no solicitor is acting, the party or such other party as seems appropriate,
that if he or she fails to uplift the recording within 28 days after the date of such intimation, it will be disposed of in such a manner as the sheriff directs.”.
(3) In Schedule 3 (exclusion of enactments), in column 3 (extent of exclusion) after “Chapter 45 (Vulnerable Witnesses (Scotland) Act 2004)” insert “and Chapter 50 (lodging recordings of children)”.
5.—(1) The Sheriff Court Adoption Rules in the Schedule to the Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 200912are amended in accordance with the following subparagraph.
(2) In Chapter 1 after rule 5 (vulnerable witnesses) insert—
“Lodging audio or audio-visual recordings of children
5A.—(1) In this rule “child” is a person under the age of 16 on the date of commencement of the proceedings and “children” shall be construed accordingly.
(2) Except where the sheriff otherwise directs, where a party seeks to lodge an audio or audio-visual recording of a child as a production in an application under these Rules, this must be done in accordance with and regulated by Chapter 50 of the Ordinary Cause Rules.
(3) A party who has lodged a recording of a child shall—
(a)
(a) within 14 days after the final determination of the application, where no subsequent appeal has been marked, or
(b)
(b) within 14 days after the disposal of any appeal marked on the final determination of the application,
uplift the recording from process.
(4) Where a recording has not been uplifted as required by paragraph (3), the sheriff clerk shall intimate to—
(a)
(a) the solicitor who lodged the recording, or
(b)
(b) where no solicitor is acting, the party or such other party as seems appropriate,
that if he or she fails to uplift the recording within 28 days after the date of such intimation...
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