# Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act 2006 etc.) 2006, Article 3: Amendment of the Summary Application Rules


(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 shall be amended in accordance with the following sub-paragraphs.
(2) Part XIII (Sex Discrimination Act 1975) and Part XV (Race Relations Act 1976) shall be omitted.
(3) After Part XXXII (Animal Health and Welfare) there shall be inserted the following:–
“PART XXXIII
EQUALITY ENACTMENTS
Application and interpretation
3.33.1 (1) Subject to paragraph (3), this Part applies to applications under the equality enactments.
(2) In this Chapter, “the equality enactments” means any of the following enactments:–
(a) Sex Discrimination Act 1975;
(b) Race Relations Act 1976;
(c) Disability Discrimination Act 1995;
(d) Equality Act 2006.
(3) This rule does not affect any provision of the equality enactments which provides for a claim to be the subject of proceedings in like manner as any claim in reparation for breach of statutory duty.
Relevant Commission
3.33.2 (1) The applicant shall, except where the applicant is the relevant Commission, send a copy of the initial writ to the relevant Commission by registered or recorded delivery post.
(2) The relevant Commission is–
(a) for proceedings under the Sex Discrimination Act 1975, the Equal Opportunities Commission;
(b) for proceedings under the Race Relations Act 1976, the Commission for Racial Equality;
(c) for proceedings under the Disability Discrimination Act 1995, the Disability Rights Commission;
(d) for proceedings under the Equality Act 2006, the Commission for Equality and Human Rights.
Assessor
3.33.3 (1) The sheriff may, of his own motion or on the motion of any party, appoint an assessor.
(2) The assessor shall be a person who the sheriff considers has special qualifications to be of assistance in determining the cause.
Taxation of Commission expenses
3.33.4 (1) The expenses incurred by the Commission within the meaning and for the purposes of the sections referred to in paragraph (2) shall be taxed by the auditor of the sheriff court in which such proceedings under the relevant Act were taken or would have been taken but for any compromise or settlement, as if they were outlays incurred by a solicitor on behalf of a client.
(2) The sections are as follows:–
(a) section 75(3) (assistance by Commission) of the Sex Discrimination Act 1975;
(b) section 66(5) (assistance by Commission) of the Race Relations Act 1976.
National security
3.33.5 (1) This rule applies to–
(a) proceedings in respect of alleged discrimination contrary to the Disability Discrimination Act 1995 (including anything treated by virtue of that Act as amounting to discrimination contrary to that Act); and
(b) proceedings brought under the Race Relations Act 1976.
(2) Where, on a motion under paragraph (4) or of his own motion, the sheriff considers it expedient in the interests of national security, he may–
(a) exclude from all or part of the proceedings–
(i) the pursuer;
(ii) the pursuer’s representatives;
(iii) any assessors;
(b) permit a pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings or the part of the proceedings, from which he is excluded;
(c) take steps to keep secret all or part of the reasons for his decision in the proceedings.
(3) The sheriff clerk shall, on the making of an order under paragraph (2) excluding the pursuer or his representatives, notify the Advocate General for Scotland of that order.
(4) A party may apply by motion for an order under paragraph (2).
(5) The steps referred to in paragraph (2)(c) may include the following:–
(a) directions to the sheriff clerk; and
(b) orders requiring any person appointed to represent the interests of the pursuer in proceedings from which the pursuer or his representatives are excluded not to communicate (directly or indirectly) with any persons (including the excluded pursuer)–
(i) on any matter discussed or referred to;
(ii) with regard to any material disclosed,
during or with reference to any part of the proceedings from which the pursuer or his representatives are excluded.
(6) Where the sheriff has made an order under paragraph (5)(b), the person appointed to represent the interests of the pursuer may apply by motion for authority to seek instructions from or otherwise communicate with an excluded person.”.

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Source: https://www.legislation.gov.uk/ssi/2006/509/article/3 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-ordinary-cause-summary-application-summary-cause-and-small-claim-rules-amendment-equality-act-2006-etc-2006/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.