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Paragraph 9 I1C1C2F1

Scotland

(1)

A court or tribunal may—

(a)

issue a direction under paragraph 8(1) that applies for the purpose of all proceedings of a type specified in the direction, provided that the only party to the proceedings is a public official,

(b)

issue a further direction under paragraph 8(1) overriding, for the purpose of specific proceedings, a general direction issued by virtue of paragraph (a).

(2)

Paragraph 8(6)(a) does not apply in relation to a general direction issued by virtue of sub-paragraph (1)(a).

(3)

In this paragraph—

  • “public official” means—

    1. (a)

      a person who is a public authority and is acting in that capacity, or

    2. (b)

      a person who is acting on behalf of a public authority,

  • “public authority” is to be construed in accordance with section 6 of the Human Rights Act 1998.

Annotations

Textual amendments

F1

Sch. para. 9 expires in part (3.7.2023) by The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2023 (S.S.I. 2023/172), reg. 2(1)(b)(2) (with regs. 3, 4)

Modifications

C1

Sch. para. 9 continued until 30.11.2024 (30.11.2023) by virtue of The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension and Expiry of Temporary Justice Measures) Regulations 2023 (S.S.I. 2023/360), regs. 1(3), 3(2)

C2

Sch. para. 9 continued until 30.11.2025 (30.11.2024) by The Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Extension of Temporary Justice Measures) Regulations 2024 (S.S.I. 2024/322), regs. 1(2), 2(2)

Commencement

I1

Sch. para. 9 in force at 1.10.2022, see s. 59(1)