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Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

Consolidated Text As Enacted Cited authorities 51 Cited in Amendments 46 Related
Vincent
JurisdictionScotland
Citation2013 asp 3
  • There is to be a body to be known as the Scottish Civil Justice Council (“
    • to keep the civil justice system under review,to review the practice and procedure followed in proceedings in the Court of Session and in civil proceedings inF4the Sheriff Appeal Court or the sheriff court,to review the practice and procedure followed in inquiry proceedings under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,draft civil procedure rules,draft fees rules,draft inquiry procedure rules,to provide advice and make recommendations to the Lord President on the development of, and changes to, the civil justice system, andto provide such advice on any matter relating to the civil justice system as may be requested by the Lord President.the principles in subsection (3) , andany guidance issued by the Lord President.the civil justice system should be fair, accessible and efficient,rules relating to practice and procedure should be as clear and easy to understand as possible,practice and procedure should, where appropriate, be similar in all civil courts, andmethods of resolving disputes which do not involve the courts should, where appropriate, be promoted.(4) For the purposes of this Part, “draft civil procedure rules” are draft rules which relate to a matter in subsection (5) .any matter relating to a court within the remit of the Council which the Court of Session may regulate by act of sederunt,any matter relating to a court within the remit of the Council in anticipation of the Court of Session being given power to regulate the matter by act of sederunt, orthe court being established and added to the remit of the Council, andthe Court of Session being given power to regulate the matter by act of sederunt.the Court of Session, the Sheriff Appeal Court, andthe sheriff court.(6A) (6B) For the purposes of this Part, “draft inquiry procedure rules” are draft rules prepared with a view to the making by the Court of Session of an act of sederunt under section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.(1) The Council may take such action as it considers necessary or desirable in pursuance of its functions.have regard to proposals for legislative reform which may affect the civil justice system,have regard to the criminal justice system and its effects on the civil justice system,consult such persons as it considers appropriate,co-operate with, and seek the assistance and advice of, such persons as it considers appropriate,make proposals for research into the civil justice system,provide advice and make recommendations to the Scottish Ministers on the development of, and changes to, the civil justice system, andpublish any recommendation it makes.approve the rules,approve the rules with such modifications as it considers appropriate, orreject the rules.(2) Where the Court of Session approves draft civil procedure rulesF7, draft fees rulesF16or draft inquiry procedure rules (with or without modification) it must embody the approved rules in an act of sederunt.which relate to a matter in section 2(5) .under section 105(1) or 106(1) of the Courts Reform (Scotland) Act 2014.under section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

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