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The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Commencement No. 2 and Transitional Provision) Regulations 2020

S.S.I. 2020/23 · Made 6 February 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Court Of Session

Sheriff Appeal Court

Sheriff Court

Scottish Courts And Tribunals Service

Made 6th February 2020

Laid before the Scottish Parliament 10th February 2020

Coming into force 27th April 2020

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 27(3) and (4) of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018f1.

Annotations to the whole text

Footnotes

f1

2018 asp 10.

Contents

  1. 1Citation and commencement
  2. 2Appointed day
  3. 3Transitional Provision
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Commencement No. 2 and Transitional Provision) Regulations 2020 and come into force on 27 April 2020.

2Appointed day

27 April 2020 is the day appointed for the coming into force of the following provisions of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018—

(a)

section 1 (success fee agreements),

(b)

section 2 (enforceability of success fee agreements),

(c)

section 3 (expenses in the event of success),

(d)

section 4(3) to (5) (cap on success fees),

(e)

section 6(1) to (7), (9) and (10) (personal injury claims), and

(f)

section 7(1) and (2) (form and content of success fee agreements).

3Transitional Provision

The provisions listed in regulation 2 of these Regulations apply to success fee agreements entered into on or after 27 April 2020.

Signature

ASH DENHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th February 2020

Explanatory note

(This note is not part of the Regulations)

Regulation 2 of these Regulations brings into force certain provisions of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (“the 2018 Act”).

Sections 1, 2, 3, 4(3) to (5), 6(1) to (7), (9), (10), 7(1) and (2) relate to success fee agreements and come into force on 27 April 2020.

Regulation 3 is a transitional provision which disapplies the above provisions to agreements entered into before 27 April 2020.

The Bill for the 2018 Act received Royal Assent on 5 June 2018. Sections 24 to 28 came into force on the following day and section 23 came into force on 5 August 2018.