Coronavirus (Recovery and Reform) (Scotland) Act 2022

6 (1) This paragraph applies—

(a) in relation to proceedings that are not criminal proceedings, and

(b) in the context of criminal proceedings, only in relation to—

(i) a hearing in which a person is to give evidence,

(ii) proceedings in which the only party is a public official as defined in paragraph 9(3).

(2) 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.

(3) But sub-paragraph (2) does not apply in relation to a hearing in which a person is to give evidence.

(4) In the case of a hearing in relation to which sub-paragraph (2) does not apply, the court may disapply any requirement (however expressed) that a person physically attend the court by directing that the person need not do so.

(5) A court or tribunal may direct a person to physically attend under sub-paragraph (2) only if it considers that allowing the person to attend by electronic means would—

(a) prejudice the fairness of the proceedings, or

(b) otherwise be contrary to the interests of justice.

(6) A court may disapply a requirement for a person’s physical attendance under sub-paragraph (4) only if it considers that allowing the person to attend by electronic means in accordance with paragraph 8 would not—

(a) prejudice the fairness of the proceedings, or

(b) otherwise be contrary to the interests of justice.

(7) The power to issue a direction under both sub-paragraphs (2) and (4) includes the power to revoke an earlier direction under that sub-paragraph.

(8) A court or tribunal may issue a direction under sub-paragraph (2) or (4) on the motion of a party or of its own accord.

(9) In considering whether to issue a direction under sub-paragraph (2) or (4), the court or tribunal must—

(a) give all parties an opportunity to make representations (subject to sub-paragraph (10)), and

(b) have regard to any guidance issued by—

(i) the Lord President of the Court of Session, or

(ii) the Lord Justice General.

(10) The first direction in relation to a hearing under sub-paragraph (2) or (4) may be issued by the court or (as the case may be) tribunal of its own accord without having given the parties an opportunity to make representations.

(11) Where a direction under sub-paragraph (2) or (4) is issued in relation to a hearing as described in sub-paragraph (10), the court or (as the case may be tribunal) must—

(a) take steps to ensure that the parties are aware of their right to make a motion for the revocation of the direction, and

(b) deal with any motion for the direction’s revocation,

before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.

(12) 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.