Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024

Amendment of the Summary Cause Rules 2002

6.—(1) The Summary Cause Rules 2002(1) are amended in accordance with this paragraph.

(2) For the title to Chapter 13B (interventions by the Scottish Commission for Human Rights), rules 14A.1 to 14A.4 and Chapter 14B (interventions by the Scottish Commission for Human Rights)(2) substitute—

“CHAPTER 14A Statutory interveners

Interpretation etc.

14A.1.— (1) In this Chapter, “statutory intervener” means a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment.

(2) This Chapter is without prejudice to any other entitlement of a statutory intervener to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so.

Application to intervene

14A.2.— (1) This rule applies where an enactment requires a statutory intervener to apply for leave to intervene in proceedings.

(2) An application for leave to intervene in proceedings is to be by way of minute of intervention in Form 23a and must set out—

(a) the name of the statutory intervener and the relevant statutory provisions which confer power on it to intervene;

(b) where the relevant statutory provisions prescribe conditions which must be satisfied before an application may be made by it or permission to intervene may be granted by the sheriff, how it is considered those conditions are satisfied;

(c) the issue in the proceedings which the statutory intervener wishes to address;

(d) the propositions to be advanced by the statutory intervener and the reasons for believing that they are relevant to the proceedings.

(3) The statutory intervener must—

(a) send a copy of the minute to all the parties;

(b) lodge it in process, certifying that sub-paragraph (a) has been complied with.

(4) Where the relevant statutory provisions prescribe conditions which must be satisfied before leave to intervene may be granted by the sheriff, leave to intervene may only be granted by the sheriff if the sheriff is so satisfied.

(5) In granting leave, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(6) The sheriff clerk is to give written intimation of a grant or refusal of leave to the statutory intervener and all the parties.

Invitation to intervene

14A.3.— (1) This rule applies where an enactment makes provision for a statutory intervener to be invited by the sheriff to intervene in proceedings.

(2) Where an enactment requires that the sheriff be satisfied that intervention is likely to assist the sheriff, the sheriff may invite an intervention only if the sheriff is so satisfied.

(3) An invitation by the sheriff to a statutory intervener to intervene in proceedings is to be in Form 23b and the sheriff clerk is to send a copy of it to the statutory intervener and all the parties.

(4) An invitation is to be accompanied by—

(a) a copy of the pleadings in the proceedings;

(b) such other documents relating to the proceedings as the sheriff thinks relevant.

(5) When issuing an invitation, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

Form of intervention

14A.4.— (1) An intervention by a statutory intervener is to be by way of a written submission which (including any appendices) does not exceed 5000 words.

(2) The statutory intervener must lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

(3) The sheriff may in exceptional circumstances—

(a) allow a longer written submission to be made;

(b) direct that an oral submission is to be made.

(4) Where a diet is fixed pursuant to paragraph (3)(b), the sheriff clerk is to give written intimation of the diet to the statutory intervener and all the parties.”.

(3) In Appendix 1 (forms)(3)—

(a) for Form 23A (form of minute of intervention by the Commission for Equality and Human Rights)(4) substitute Form 23a (form of minute of intervention by statutory intervener) in Part 1 of schedule 5 of this Act of Sederunt;

(b) for Form 23B (form of minute of intervention by the Scottish Commission for Human Rights) substitute Form 23b (invitation to statutory intervener to intervene) in Part 2 of schedule 5 of this Act of Sederunt;

(c) omit Form 23C (invitation to the Scottish Commission for Human Rights to intervene).

(1)

The Summary Cause Rules 2002 are in schedule 1 of the Act of Sederunt (Summary Cause Rules) 2002 (S.S.I. 2002/132), last amended by S.S.I. 2021/226.

(2)

Rules 14A.1 to 14A.4 and Chapter 14B were inserted by S.S.I. 2008/223. That instrument erroneously numbered and titled rules 14A.1 to 14A.4 as forming Chapter 13B.

(3)

Appendix 1 was last amended by S.S.I. 2017/186.

(4)

Forms 23A to 23C were inserted by S.S.I. 2008/223.