The Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Amendment Rules 2007

Citation and commencement

1.  These Rules may be cited as the Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Amendment Rules 2007 and come into force on 1st November 2007.

Amendment of the Fatal Accident Inquiry Rules

2.—(1) The Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Rules 1977(1) are amended as follows.

(2) In rule 2(1) (interpretation)–

(a) after the definition of “the Act”, insert–

““the 2004 Act” means the Vulnerable Witnesses (Scotland) Act 2004(2);”;

(b) in both the definitions of “officer of law” and “procurator fiscal” for “section 462 of the Criminal Procedure (Scotland) Act 1975” substitute “section 307(1) (interpretation) of the Criminal Procedure (Scotland) Act 1995(3)”; and

(c) after the definition of “officer of law”, insert–

““the Ordinary Cause Rules” means Schedule 1 to the Sheriff Courts (Scotland) Act 1907(4);”.

(3) Before rule 4(2)(a) (notice of holding of inquiry), insert–

“(za) any civil partner of the person who has died;”.

(4) After rule 8 (citation of witnesses or havers), insert–

“Vulnerable witness procedure – forms

8A.— (1) This rule applies where a vulnerable witness (within the meaning of section 11(1) of the 2004 Act) is to give evidence at an inquiry and the application of the Ordinary Cause Rules(5) in relation to the vulnerable witness would otherwise require any of the forms in column 1 of the Table below to be used.

(2) The form used instead shall be as nearly as may be the corresponding form of the Schedule to these Rules that is specified in column 2 of the Table.

TABLE

Column 1 – Ordinary Cause Rules form	Column 2 – Inquiry form
child witness notice (Form G19)	Form 7
vulnerable witness application (Form G20)	Form 8
certificate of intimation (Form G21)	Form 9
review application (Form G22)	Form 10
certificate of intimation (Form G23)	Form 11

Vulnerable witness procedure — preliminary hearing

8B.   If any preliminary hearing is held before the inquiry, the sheriff shall ascertain 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 the inquiry, consider any child witness notice or vulnerable witness application that has been lodged where no order has been made under section 12 of the 2004 Act and consider whether any order under section 12 of that Act requires to be made.”.

(5) In the Schedule–

(a) for Form 5 substitute the Form 5 set out in Schedule 1; and

(b) at the end, add Forms 7 to 11 set out in Schedule 2.

KENNY MACASKILL

A member of the Scottish Executive

St. Andrews House,

Edinburgh

24th October 2007