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The Human Rights Act 1998 (Jurisdiction) (Scotland) Rules 2000

S.S.I. 2000/301 · Made 28 August 2000 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 22 September 2015.

HUMAN RIGHTS

Made 28th August 2000

Laid before the Scottish Parliament 30th August 2000

Coming into force 2nd October 2000

The Scottish Ministers, in exercise of the powers conferred on them by sections 7 and 9 of the Human Rights Act 1998f1, and of all other powers enabling them in that behalf, hereby make the following Rules:

Annotations to the whole text

Footnotes

f1

1998 c. 42; sections 7 and 9 will come into force on 2 October 2000 by virtue of S.I. 2000/1851. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Proceedings under section 7 of the Act
  4. 4Proceedings under section 9 of the Act
  5. Signature
  6. Explanatory note

1Citation, commencement and extentI1

(1)

These Rules may be cited as the Human Rights Act 1998 (Jurisdiction) (Scotland) Rules 2000 and shall come into force on 2nd October 2000.

(2)

These Rules extend to Scotland only.

2InterpretationI1

In these Rules, “the Act” means the Human Rights Act 1998.

3Proceedings under section 7 of the ActI1

In so far as not determined by any enactmentf1, the appropriate court or tribunal for the purposes of section 7(1)(a) of the Act is any civil court or tribunal which has jurisdiction to grant the remedy sought.

4Proceedings under section 9 of the ActI1

(1)

The Court of Session is prescribed for the purposes of paragraph (c) of subsection (1) of section 9 of the Act in cases where proceedings in respect of the judicial act in question could not, at any time since the date of that act, have competently been brought under paragraph (a) or (b) of that subsection.

(2)

Nothing in F1section 39 of the Courts Reform (Scotland) Act 2014 shall prevent proceedings being brought in the Court of Session by virtue of paragraph (1) above.

Signature

JAMES R WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

28th August 2000

Explanatory note

(This note does not form part of the Rules)

These Rules—

(a)

specify, for the purposes of section 7(1)(a) of the Human Rights Act 1998 (“the Act”), the appropriate court or tribunal within which proceedings may be brought (rule 3); and

(b)

prescribe the Court of Session, for the purposes of section 9(1)(c) of the Act, as the forum in which proceedings may be brought that cannot be brought by—

(i)

exercising a right of appeal; or

(ii)

raising a petition for judicial review (rule 4).