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Act of Sederunt (Fatal Accident Inquiry Rules) 2017

S.S.I. 2017/103 · Made 31 March 2017 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Sheriff Court

Made 31st March 2017

Laid before the Scottish Parliament 4th April 2017

Coming into force 15th June 2017

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013f1, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016f2, paragraph 1A of schedule 2 of the European Communities Act 1972f3 and all other powers enabling it to do so.

This Act of Sederunt makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972f4 and it appears to the Court of Session that it is expedient for the references in this Act of Sederunt to Council Regulation (EC) No. 1206/2001 of 28th May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial mattersf5 and to Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No. 1348/2000f6, to be construed as references to those instruments as amended from time to time.

Annotations to the whole text

Footnotes

f1

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

f2

2016 asp 2.

f3

1972 c.68. Paragraph 1A of schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

f4

Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), schedule, Part 1.

f5

OJ L 174, 27.6.2001, p. 1.

f6

OJ L 324, 10.12.2007, p. 79.

Contents

  1. Part 1: CITATION, COMMENCEMENT AND INTERPRETATION, ETC.
  2. 1.1Citation and commencement, etc.
  3. 1.2Interpretation
  4. 1.3Periods of time
  5. 1.4Forms
  6. 1.5Miscellaneous and general matters
  7. Part 2: OVERVIEW
  8. 2.1The structure of an inquiry
  9. 2.2The inquiry principles
  10. 2.3Taking into account the inquiry principles
  11. 2.4Representation and support
  12. 2.5Judicial continuity
  13. 2.6The inquiry management powers
  14. Part 3: PRE-INQUIRY PROCEDURE
  15. 3.1First notice
  16. 3.2First order
  17. 3.3Notice of the inquiry
  18. 3.4Public notice of the inquiry
  19. 3.5Other participation
  20. Preliminary hearings
  21. 3.6Purpose of preliminary hearings
  22. 3.7Before the first preliminary hearing
  23. 3.8Procedure
  24. Part 4: INFORMATION
  25. 4.1The law of evidence
  26. 4.2The information management powers
  27. Witnesses and productions
  28. 4.3Citation of witnesses
  29. 4.4Gathering information
  30. 4.5Oath and affirmation
  31. 4.6Lodging productions
  32. 4.7Witness lists
  33. 4.8Recording of the inquiry
  34. 4.9Vulnerable witnesses
  35. Agreeing information
  36. 4.10Joint minutes of agreement
  37. 4.11The duty to agree information
  38. 4.12Notices to admit information
  39. 4.13Witness statements
  40. 4.14Video recordings
  41. Expert witnesses
  42. 4.15Instructing expert witnesses
  43. 4.16Information presented by expert witnesses
  44. 4.17Minute of questions
  45. 4.18Single expert witnesses
  46. 4.19Concurrent presentation of expert witnesses
  47. Part 5: THE INQUIRY
  48. 5.1Procedure
  49. Part 6: THE SHERIFF’S DETERMINATION
  50. 6.1Form of determination
  51. 6.2Form of response
  52. 6.3Form of notice
  53. Part 7: FURTHER INQUIRY PROCEEDINGS
  54. 7.1Form of notice
  55. Signature
  56. Schedule 1: APPLICATIONS
  57. 1Interpretation
  58. 2Making of applications
  59. 3Written applications
  60. 4Intimation of applications in writing
  61. 5Opposition to applications in writing
  62. 6Consent to applications in writing
  63. 7Lodging of applications in writing
  64. 8Joint applications in writing
  65. 9Hearing of opposed applications in writing
  66. Schedule 2: INTIMATION
  67. Part 1: Intimation within Scotland
  68. 1Interpretation
  69. 2Intimation
  70. 3Methods of intimation
  71. 4Methods of intimation: intimation by recorded delivery
  72. 5Methods of intimation: intimation by sheriff officer
  73. 6Additional methods of intimation where receiving participant represented by solicitor
  74. 7Form of certificate of intimation
  75. Part 2: Intimation furth of Scotland
  76. 8Interpretation of this Part
  77. 9Intimation furth of Scotland
  78. 10Service in England and Wales etc.
  79. 11Service in an EU member State Repealed
  80. 12Service in a Hague Convention country
  81. 13Service in a country with which the United Kingdom has a convention about how to serve court documents
  82. 14Service in any other country
  83. 15Consular service
  84. 16Personal service
  85. 17Postal service
  86. 18Certification of translations
  87. Schedule 3FORMS
  88. Schedule 4: MISCELLANEOUS AND GENERAL MATTERS
  89. 1Lodging
  90. 2Live links
  91. Reporting restrictions
  92. 3Reporting restrictions: interpretation and application
  93. 4Interim orders: notification to interested persons
  94. 5Interim orders: representations
  95. 6Notification of reporting restrictions
  96. 7Applications for variation or revocation
  97. The style of oath and affirmation
  98. 8Oaths
  99. 9Affirmations
  100. Interventions
  101. 10Interventions by the Commission for Equality and Human Rights and the Scottish Commission for Human Rights
  102. 11Applications to intervene
  103. 12Determination of applications
  104. 13Invitations to intervene
  105. 14Form of intervention
  106. Lay representation and support
  107. 15Lay representation: applications
  108. 16Lay representation: functions, conditions and duties
  109. 17Lay support: application
  110. 18Lay support: functions, conditions and duties
  111. Lay representation for non-natural persons
  112. 19Interpretation
  113. 20Lay representation of non-natural persons at inquiries
  114. 21Applications for authorisation of lay representatives for non-natural persons
  115. 22Lay representation of non-natural persons: functions, conditions and duties
  116. Schedule 5: GATHERING INFORMATION
  117. 1Application of this schedule
  118. 2Confidentiality
  119. 3Warrants for production of original documents from public records
  120. 4Applications for commission and diligence
  121. 5Optional procedure before executing commission and diligence
  122. 6Execution of commission and diligence
  123. 7Letters of request
  124. 8Information given on commission
  125. 9Testimony by commissioner: interrogatories
  126. 10Testimony by commissioner: conduct of commission
  127. 11Testimony by commissioner: lodging and custody of video record and documents
  128. 12Taking of evidence in the EU
  129. Schedule 6: VULNERABLE WITNESSES
  130. 1Interpretation and application of this schedule
  131. 2Form of notices and applications
  132. 3Determination of notices and applications
  133. 4Determination of notices and applications: supplementary orders
  134. 5Intimation of orders
  135. 6Testimony by commissioner: preparatory steps
  136. 7Testimony by commissioner: interrogatories
  137. 8Testimony by commissioner: conduct of commission
  138. 9Testimony by commissioner: lodging and custody of video record and documents
  139. Explanatory note