Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007

Amendment of Summary Application Rules

3.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 1.2(1) (interpretation), after “requires–” there shall be inserted the following:–

““the 2004 Act” means the Vulnerable Witnesses (Scotland) Act 2004;”.

(3) In rule 2.32(2)(live links)(2) at the end of the definition of “witness” there shall be inserted the following:–

“, except a vulnerable witness within the meaning of section 11(1) of the 2004 Act.”.

(4) After rule 2.32 (live links) there shall be inserted the following:–

“Enquiry when fixing hearing

2.33.   Where the sheriff fixes a hearing he shall make enquiry whether there is or is likely to be a vulnerable witness within the meaning of section 11(1) of the 2004 Act who is to give evidence at any proof or hearing, consider any child witness notice or vulnerable witness application that has been lodged where no order has been made and consider whether any order under section 12(1) of the 2004 Act requires to be made.

Vulnerable witness procedure

2.34.   Except where the sheriff otherwise directs, where a vulnerable witness is to give evidence in a hearing of a summary application any child witness notice or vulnerable application relating to the vulnerable witness shall be made in accordance with and regulated by Chapter 45 of the Ordinary Cause Rules.”.

(1)

S.I. 1999/929, amended by S.S.I. 2000/18 and 387, 2001/142, 2002/7, 129, 130, 146 and 583, 2003/26, 27, 98, 261, 319, 346 and 556, 2004/197, 222, 334 and 455, 2005/61, 473, 504 and 648 and 2006/410, 437 and 509, 2007/6, 339 and 440.

(2)

Rule 2.32 was inserted by S.S.I. 2007/6.