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The Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Amendment Rules 2007

S.S.I. 2007/478 · Made 24 October 2007

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.

SHERIFF COURT

Made 24th October 2007

Coming into force 1st November 2007

The Scottish Ministers make the following Rules in exercise of the powers conferred by section 7 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1976 c. 14. The functions of the Lord Advocate were transferred to the Secretary of State by virtue of the Transfer of Functions (Lord Advocate and the Secretary of State) Order 1999 (S.I. 1999/678), and from the Secretary of State to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Fatal Accident Inquiry Rules
  3. Signature
  4. Schedule 1Form of citation of witnesses or havers
  5. Schedule 2Forms for use with vulnerable witnesses
  6. Explanatory note

1Citation and commencement

These Rules may be cited as the Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Amendment Rules 2007 and come into force on 1st November 2007.

2Amendment of the Fatal Accident Inquiry Rules

(1)

The Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Rules 1977f1 are amended as follows.

(2)

In rule 2(1) (interpretation)–

(a)

after the definition of “the Act”, insert–

  • ““the 2004 Act” means the Vulnerable Witnesses (Scotland) Act 2004f2;”;

(b)

in both the definitions of “officer of law” and “procurator fiscal” for “section 462 of the Criminal Procedure (Scotland) Act 1975” substitute “section 307(1) (interpretation) of the Criminal Procedure (Scotland) Act 1995f3”; and

(c)

after the definition of “officer of law”, insert–

  • ““the Ordinary Cause Rules” means Schedule 1 to the Sheriff Courts (Scotland) Act 1907f4;”.

(3)

Before rule 4(2)(a) (notice of holding of inquiry), insert–

“(za)

any civil partner of the person who has died;”.

(4)

After rule 8 (citation of witnesses or havers), insert–

“Vulnerable witness procedure – forms

8A
(1)

This rule applies where a vulnerable witness (within the meaning of section 11(1) of the 2004 Act) is to give evidence at an inquiry and the application of the Ordinary Cause Rulesf5 in relation to the vulnerable witness would otherwise require any of the forms in column 1 of the Table below to be used.

(2)

The form used instead shall be as nearly as may be the corresponding form of the Schedule to these Rules that is specified in column 2 of the Table.

TABLE

Column 1 – Ordinary Cause Rules formColumn 2 – Inquiry form
child witness notice (Form G19)Form 7
vulnerable witness application (Form G20)Form 8
certificate of intimation (Form G21)Form 9
review application (Form G22)Form 10
certificate of intimation (Form G23)Form 11

Vulnerable witness procedure — preliminary hearing

8B

If any preliminary hearing is held before the inquiry, the sheriff shall ascertain whether there is or is likely to be a vulnerable witness (within the meaning of section 11(1) of the 2004 Act) who is to give evidence at the inquiry, consider any child witness notice or vulnerable witness application that has been lodged where no order has been made under section 12 of the 2004 Act and consider whether any order under section 12 of that Act requires to be made.”.

(5)

In the Schedule–

(a)

for Form 5 substitute the Form 5 set out in Schedule 1; and

(b)

at the end, add Forms 7 to 11 set out in Schedule 2.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St. Andrews House,

Edinburgh

24th October 2007

Schedule 1Form of citation of witnesses or havers

“Rule 8

Schedule 2Forms for use with vulnerable witnesses

“Rule 8A

Explanatory note

(This note is not part of the Rules)

These Rules amend the Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Rules 1977 (“the principal Rules”) on the conduct of fatal accident inquiries (“FAIs”).

Courts in civil proceedings such as FAIs are required by Part 2 of the Vulnerable Witnesses (Scotland) Act 2004 (“the 2004 Act”) to take into account the circumstances of vulnerable witnesses.

Under section 4(7) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (“the 1976 Act”), the FAI rules of evidence and procedure, and the powers of a sheriff to deal with contempt of court and enforce the attendance of witnesses, are as nearly as possible those applicable in an ordinary civil cause before a sheriff sitting alone, subject to the 1976 Act and FAI specific rules made under it. The Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463) amends the rules for ordinary civil causes as a result of the 2004 Act.

These Rules make amendments required to the FAI specific rules of procedure contained in the principal Rules, in particular to prescribe the forms required. They also require intimation to civil partners and make minor amendments to update references to repealed legislation.