Coronavirus (Recovery and Reform) (Scotland) Act 2022

[F1 9 (1) A court or tribunal may— S

(a) issue a direction under paragraph 8(1) that applies for the purpose of all proceedings of a type specified in the direction, provided that the only party to the proceedings is a public official,

(b) issue a further direction under paragraph 8(1) overriding, for the purpose of specific proceedings, a general direction issued by virtue of paragraph (a).

(2) Paragraph 8(6)(a) does not apply in relation to a general direction issued by virtue of sub-paragraph (1)(a).

(3) In this paragraph—

• “public official” means—

  (a)

  a person who is a public authority and is acting in that capacity, or

  (b)

  a person who is acting on behalf of a public authority,

• “public authority” is to be construed in accordance with section 6 of the Human Rights Act 1998.]

Textual Amendments

F1 Sch. para. 9 expires in part (3.7.2023) by The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2023 (S.S.I. 2023/172), reg. 2(1)(b)(2) (with regs. 3, 4)

Modifications etc. (not altering text)

C1 Sch. para. 9 continued until 30.11.2024 (30.11.2023) by virtue of The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023 (S.S.I. 2023/360), regs. 1(3), 3(2)

C2 Sch. para. 9 continued until 30.11.2025 (30.11.2024) by The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension of Temporary Justice Measures) Regulations 2024 (S.S.I. 2024/322), regs. 1(2), 2(2)

Commencement Information

I1 Sch. para. 9 in force at 1.10.2022, see s. 59(1)