SCHEDULE 4Justice
PART 1Courts and tribunals: conduct of business by electronic means
Suspension of requirements for physical attendance
2
1
Any requirement (however expressed) that a person physically attend a court or tribunal does not apply, unless the court or tribunal directs the person to attend physically.
2
But sub-paragraph (1) does not apply in relation to a trial diet.
3
In the case of such a diet, the court may disapply any requirement (however expressed) that a person physically attend the court by directing that the person need not do so.
4
A court or tribunal may issue a direction under sub-paragraph (1) only if it considers that allowing the person to attend by electronic means in accordance with paragraph 3 would—
a
prejudice the fairness of proceedings, or
b
otherwise be contrary to the interests of justice.
5
A court may issue a direction under sub-paragraph (3) only if it considers that allowing the person to attend by electronic means in accordance with paragraph 3 would not—
a
prejudice the fairness of proceedings, or
b
otherwise be contrary to the interests of justice.
6
A court or tribunal may issue or revoke a direction under sub-paragraph (1) or (3) on the motion of a party or of its own accord.
7
In considering whether to issue or revoke a direction under sub-paragraph (1) or (3), the court or tribunal must—
a
give all parties an opportunity to make representations, and
b
have regard to any guidance issued by—
i
the Lord President of the Court of Session, or
ii
the Lord Justice General.
8
References in this paragraph to physically attending a court or tribunal are to—
a
being in a particular place, or
b
being in the same place as another person,
for the purpose of any proceedings before a court or tribunal or an office holder of a court or tribunal.