Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Miscellaneous) 2011

Reporting restrictions

4.—(1) The Rules are amended in accordance with the following subparagraph.

(2) After Chapter 101 (terrorist asset-freezing)(1), insert—

“CHAPTER 102 REPORTING RESTRICTIONS UNDER THE CONTEMPT OF COURT ACT 1981

Interpretation and application of this Chapter

102.1.   In this Chapter, “the 1981 Act” means the Contempt of Court Act 1981(2).

Notification of reporting restrictions etc.

102.2.— (1) Paragraph (2) applies where the court makes an order under section 4(2) of the 1981 Act (order postponing publication of report of legal proceedings).

(2) The clerk of court shall immediately arrange—

(a) for a copy of the order to be sent to those persons who have asked to see any such order made by the court and whose names are on the list kept by the Lord President for that purpose;

(b) for the publication of the making of the order on the website used to provide official information about the Scottish courts.

Applications for variation or revocation

102.3.— (1) A person aggrieved by the terms of an order made under section 4(2) of the 1981 Act may apply to the court for its variation or revocation.

(2) An application shall be made by note in process.

(3) On an application being made the court shall—

(a) appoint the application for a hearing;

(b) provide written intimation of the date and time of the hearing, together with a copy of the application, to the parties to the proceedings.

(4) The hearing shall—

(a) unless there are exceptional circumstances or a later date is requested by the applicant, take place within 48 hours of the application being lodged;

(b) so far as reasonably practicable, be before the judge or judges who made the order.

(5) The decision of the court is final.”.

(1)

Chapter 101 was inserted by S.S.I. 2010/459.

(2)

1981 c.49.