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.