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

S.S.I. 2000/301 · made 28 August 2000 · revised to 22 September 2015

These Rules—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); andprescribe 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—exercising a right of appeal; orraising a petition for judicial review (rule 4).

Made under: Human Rights Act 1998 (Section 7, Section 9)

## Introductory text

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 1998, and of all other powers enabling them in that behalf, hereby make the following Rules:

## 1 Citation, commencement and extent

(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.

## 2 Interpretation

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

## 3 Proceedings under section 7 of the Act

In so far as not determined by any enactment, 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.

## 4 Proceedings under section 9 of the Act

(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 section 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).

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Source: https://www.legislation.gov.uk/ssi/2000/301 (the official version)
Page: https://openlegislation.uk/human-rights-act-1998-jurisdiction-scotland-rules-2000
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.