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 Sheriff Appeal Court Rules 2021

3.—(1) The Act of Sederunt (Sheriff Appeal Court Rules) 2021(1) is amended in accordance with this paragraph.

(2) In Chapter 24 (interventions by CEHR and SCHR)—

(a) for the Chapter heading substitute “STATUTORY INTERVENERS”;

(b) for rule 24.1 (application and interpretation of this Chapter) substitute—

“Application of this Chapter

24.1.— (1) This Chapter applies to interventions in proceedings by 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 such a person to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so.”;

(c) in rule 24.3 (applications to intervene: determination), for paragraph (2) substitute—

“(2) Where an enactment requires that the Court be satisfied that intervention is likely to assist the Court, it may grant leave to intervene only if it is so satisfied.”;

(d) in rule 24.4 (invitations to intervene)—

(i) for paragraph (1) substitute—

“(1) An invitation from the Court to intervene is to be in Form 24.4.

(1A) Where an enactment requires that the Court be satisfied that intervention is likely to assist the Court, it may invite an intervention only if it is so satisfied.”;

(ii) for “SCHR” where it occurs substitute “invitee”.

(3) In schedule 2 (forms)(2)—

(a) for Form 24.2 (application for leave to intervene by the CEHR or SCHR) substitute Form 24.2 (application for leave to intervene) as set out in schedule 2 of this Act of Sederunt;

(b) in Form 24.4 (invitation to the SCHR to intervene)—

(i) in the heading omit “to the SCHR”;

(ii) for “THE SCOTTISH COMMISSION FOR HUMAN RIGHTS (“the SCHR”)” substitute “(insert name of invitee)”;

(iii) in paragraphs 1 and 3 for “the SCHR” substitute “(insert name of invitee)”;

(iv) in paragraph 1 for “section 14(2)(b) of the Scottish Commission for Human Rights Act 2006” substitute “(insert statutory provision under which the Court invites the invitee)”.

(1)

S.S.I. 2021/468, last amended by S.S.I. 2024/323.

(2)

Schedule 2 was last amended by S.S.I. 2024/195.