Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Human Rights Act 1998) 2000

Scottish Statutory Instruments

2000 No. 316

COURT OF SESSION

Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Human Rights Act 1998) 2000

Made

7th September 2000

Coming into force

2nd October 2000

The Lords of Council and Session, in exercise of the powers conferred upon them by section 5 of the Court of Session Act 1988(1) and sections 2 and 5 of the Human Rights Act 1998(2) and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.  This Act of Sederunt–

(a) may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Human Rights Act 1998) 2000;

(b) shall come into force on 2nd October 2000; and

(c) shall be inserted in the Books of Sederunt.

Procedure in matters arising out of the Human Rights Act 1998

2.  After Chapter 81 of the Rules of the Court of Session (3) there is inserted–

“CHAPTER 82 THE HUMAN RIGHTS ACT 1998

Application and interpretation

82.1— (1) This Chapter deals with various matters relating to the Human Rights Act 1998.

(2) In this Chapter–

“the 1998 Act” means the Human Rights Act 1998;

“declaration of incompatibility” has the meaning given by section 4 of the 1998 Act.

Evidence of judgments etc

82.2— (1) Evidence of any judgment, decision, declaration or opinion of which account has to be taken by the court under section 2 of the 1998 Act shall be given by reference to any authoritative and complete report of the said judgment, decision, declaration or opinion and may be given in any manner.

(2) Evidence given in accordance with paragraph (1) shall be sufficient evidence of that judgment, decision, declaration or opinion.

Declaration of incompatibility

82.3— (1) Where in any proceedings the court is considering whether to make a declaration of incompatibility it shall give notice of this in Form 82.3—A to such persons as the Lord President may from time to time direct.

(2) Where any–

(a) Minister of the Crown (or person nominated by him);

(b) member of the Scottish Executive;

(c) Northern Ireland Minister;

(d) Northern Ireland department,

wishes to be joined as a party to proceedings in relation to which the Crown is entitled to receive notice under section 5 of the 1998 Act he or, as the case may be, it shall serve notice in Form 82.3—B to that effect on the Deputy Principal Clerk of Session and shall serve a copy of the notice on all other parties to the proceedings.

82.4   Within 14 days after the date of service of the notice under rule 82.3(2), the person serving the notice shall lodge a minute in the proceedings in Form 82.4 and shall serve a copy of that minute on all other parties to the proceedings.

82.5   The court may fix a diet for a hearing on the question of incompatibility as a separate hearing from any other hearing in the proceedings and may sist the proceedings if it considers it necessary to do so while the question of incompatibility is being determined.”.

Forms

3.  After Form 81.12 there is inserted–

“FORM 82.3—A Form of notice to Crown under section 5(1) of the 1998 Act

FORM 82.3—B Form of notice to court under section 5(2) of the 1998 Act

FORM 82.4 Form of minute under Rule 82.4

”.

Rodger of Earlsferry

Lord President, I.P.D.

Edinburgh

7th September 2000

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt adds new rules and Forms to the Rules of the Court of Session to deal with matters arising out of the Human Rights Act 1998.

New rule 82.2 makes provision for the citing of evidence of judgments, opinions etc of the European Court of Human Rights, the European Commission of Human Rights and the Committee of Ministers.

New rules 82.3 to 82.5 make provision for proceedings related to declarations of incompatibility under section 4 of the 1998 Act.

Forms 82.3—A to 82.4 are Forms related to these new rules.

(1)

1988 c. 36.

(2)

1998 c. 42.

(3)

S.I. 1994/1443.