OpenLegislation

Paragraph 27 Rules of courtI1I2

Scotland

(1)

The Court of Session may by act of sederunt make provision for or about—

(a)

the procedure and practice to be followed in proceedings in the Court,

(b)

any matter incidental or ancillary to such proceedings.

(2)

An act of sederunt under sub-paragraph (1) may make—

(a)

incidental, supplemental, consequential, transitional, transitory or saving provision,

(b)

provision amending, repealing or revoking any enactment (including any provision of this Act) relating to matters with respect to which an act of sederunt under sub-paragraph (1) may be made,

(c)

different provision for different purposes.

(3)

Before making an act of sederunt under sub-paragraph (1) with respect to any matter, the Court of Session must—

(a)

consult the Chair,

(b)

consult the Scottish Civil Justice Council, and

(c)

take into consideration any views expressed by the Council with respect to that matter.

(4)

Paragraphs (a) and (b) of sub-paragraph (3) do not apply in relation to an act of sederunt that embodies, with or without modifications, draft rules submitted by the Scottish Civil Justice Council to the Court of Session.

(5)

This paragraph is without prejudice to—

(a)

any enactment that enables the Court of Session to make rules (by act of sederunt or otherwise) regulating the practice and procedure to be followed in proceedings to which this paragraph applies, or

(b)

the inherent powers of the Court.

Annotations

Commencement

I1

Sch. 1 para. 27 not in force at Royal Assent, see s. 66(2)

I2

Sch. 1 para. 27 in force at 26.10.2026 by S.S.I. 2026/283, reg. 2(1), sch.