Citation and commencement, etc.1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Miscellaneous) 2023.

(2)

It comes into force on 2nd October 2023.

(3)

A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session 19942.

(1)

The Rules of the Court of Session 19943 are amended in accordance with this paragraph.

(2)

In Chapter 102 (reporting restrictions)4, after rule 102.1 (interpretation and application of this Chapter) insert—

“Application for an order102.1A.

(1)

A party to the proceedings may apply to the court for an order under this Chapter to restrict the reporting of the proceedings.

(2)

An application for an order under this Chapter must be made by motion and be accompanied by Form 102.1A.”.

(3)

In the appendix (forms)5, after Form 97.12 (form of intimation of hearing of application for a parental order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008)6 insert Form 102.1A (form of application for an order restricting the reporting of proceedings) as set out in schedule 1 of this Act of Sederunt.

Amendment of the Sheriff Appeal Court Rules 20213.

(1)

The Act of Sederunt (Sheriff Appeal Court Rules) 20217 is amended in accordance with this paragraph.

(2)

In Chapter 28 (reporting restrictions), after rule 28.1 (application and interpretation of this Chapter) insert—

“Application for an order28.1A.

(1)

A party to the proceedings may apply to the court for an order under this Chapter to restrict the reporting of the proceedings.

(2)

An application for an order under this Chapter must be made by motion and be accompanied by Form 28.1A.”.

(3)

In schedule 2 (forms), after Form 26.2-C (application for review of arrangements for vulnerable witnesses) insert Form 28.1A (form of application for an order restricting the reporting of proceedings) as set out in schedule 2 of this Act of Sederunt.

Amendment of the Sheriff Appeal Court Rules 20154.

(1)

The Act of Sederunt (Sheriff Appeal Court Rules) 20158, as saved by the Act of Sederunt (Sheriff Appeal Court Rules) 2021, is amended in accordance with this paragraph.

(2)

In Chapter 26 (reporting restrictions)9, after rule 26.1 (interpretation and application of this Chapter) insert—

“Application for an order26.1A.

(1)

A party to the proceedings may apply to the court for an order under this Chapter to restrict the reporting of the proceedings.

(2)

An application for an order under this Chapter must be made by motion and be accompanied by Form 26.1A.”.

(3)

In schedule 2 (forms)10, after Form 24.2-C (application for review of arrangements for vulnerable witnesses) insert Form 26.1A (form of application for an order restricting the reporting of proceedings) as set out in schedule 3 of this Act of Sederunt.

Amendment of the Ordinary Cause Rules 19935.

(1)

The Ordinary Cause Rules 199311 are amended in accordance with this paragraph.

(2)

In Chapter 48 (reporting restrictions)12, after rule 48.1 (interpretation and application of this Chapter) insert—

“Application for an order48.1A.

(1)

A party to the proceedings may apply to the court for an order under this Chapter to restrict the reporting of the proceedings.

(2)

An application for an order under this Chapter must be made by motion and be accompanied by Form 48.1A.”.

(3)

In Appendix 1 (forms), after Form OFT1 (form of notice of intimation to the Office of Fair Trading)13 insert Form 48.1A (form of application for an order restricting the reporting of proceedings) as set out in schedule 4 of this Act of Sederunt.

Amendment of the Summary Application Rules6.

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 199914 is amended in accordance with this paragraph.

(2)

In Chapter 3 (rules on applications under specific statutes)—

(a)

in Part XLI (reporting restrictions)15, after rule 3.41.1 (interpretation and application of this Part) insert—

“Application for an order3.41.1A.

(1)

A party to the proceedings may apply to the court for an order under this Part to restrict the reporting of the proceedings.

(2)

An application for an order under this Part must be made by motion and be accompanied by Form 58A.”;

(b)

in Part LIV (sexual harm prevention orders and sexual risk orders)16, in rule 3.54.4(6) (variation, renewal or discharge or sexual harm prevention orders or sexual risk orders) for “paragraph (4)(b)” substitute “paragraph (4)(c)”.

(3)

In schedule 1 (forms), after Form 58 (form of order for disposal of a body)17 insert Form 58A (form of application for an order restricting the reporting of proceedings) as set out in schedule 5 of this Act of Sederunt.
CJM SUTHERLAND
Lord President
I.P.D.

Edinburgh