- Latest available (Revised)
- Point in Time (01/04/2015)
- Original (As enacted)
Version Superseded: 30/01/2019
Point in time view as at 01/04/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Courts Reform (Scotland) Act 2014, Section 103 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Court of Session may by act of sederunt make provision for or about—
(a)the procedure and practice to be followed in proceedings in the Court,
(b)any matter incidental or ancillary to such proceedings.
(2)Without limiting that generality, the power in subsection (1) includes power to make provision for or about—
(a)execution or diligence following on such proceedings,
(b)avoiding the need for, or mitigating the length and complexity of, such proceedings, including—
(i)encouraging settlement of disputes and the use of alternative dispute resolution procedures,
(ii)action to be taken before such proceedings are brought by persons who will be party to the proceedings,
(c)other aspects of the conduct and management of such proceedings, including the use of technology,
(d)simplifying the language used in connection with such proceedings or matters incidental or ancillary to them,
(e)the form of any document to be used in connection with such proceedings, matters incidental or ancillary to them or matters specified in this subsection,
(f)appeals against a decision of the Court,
(g)applications that may be made to the Court,
(h)time limits in relation to proceedings mentioned in subsection (1), matters incidental or ancillary to them or matters specified in this subsection,
(i)the steps that the Court may take where there has been an abuse of process by a party to such proceedings,
(j)expenses that may be awarded to parties to such proceedings,
(k)other payments such parties may be required to make in respect of their conduct relating to such proceedings,
(l)the payment, investment or application of any sum of money awarded in such proceedings to or in respect of a person under a legal disability,
(m)the representation of parties to such proceedings, and others, including representation by persons who—
(i)are neither solicitors nor advocates, or
(ii)do not have the right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990,
(n)the functions and rights of persons appointed by the Court in connection with such proceedings,
(o)witnesses and evidence, including modifying the rules of evidence as they apply to such proceedings,
(p)the quorum for a Division of the Inner House considering purely procedural matters and, in the case of an extra Division, as to which judge is to preside and to sign any judgment or interlocutor pronounced by the extra Division,
(q)such other matters as the Court thinks necessary or appropriate for the purposes of carrying out or giving effect to the provisions of any enactment (including this Act) relating to such proceedings or matters incidental or ancillary to them.
(3)An act of sederunt under subsection (1) may make—
(a)incidental, supplemental, consequential, transitional, transitory or saving provision,
(b)provision amending, repealing or revoking any enactment (including any provision of this Act) relating to matters with respect to which an act of sederunt may be made,
(c)different provision for different purposes.
(4)This section is without prejudice to—
(a)any enactment that enables the Court to make rules (by act of sederunt or otherwise) regulating the practice and procedure to be followed in proceedings to which this section applies, or
(b)the inherent powers of the Court.
Commencement Information
I1S. 103 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: