Section 2 Functions of the CouncilI1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 2(1)(b) words inserted by Crofting and Scottish Land Court Act 2026 sch. 2 para. 8(2)(a)
s. 2(6) word repealed by Crofting and Scottish Land Court Act 2026 sch. 2 para. 8(2)(b)(i)
s. 2(6)(c) and word inserted by Crofting and Scottish Land Court Act 2026 sch. 2 para. 8(2)(b)(ii)
s. 2(1)(ba) inserted by Tribunals (Scotland) Act 2014 sch. 9 para. 13(2)(a)
s. 2(1)(c)(ii) inserted by Tribunals (Scotland) Act 2014 sch. 9 para. 13(2)(b)(ii)
s. 2(3)(ca) inserted by Tribunals (Scotland) Act 2014 sch. 9 para. 13(3)
s. 2(7) inserted by Tribunals (Scotland) Act 2014 sch. 9 para. 13(4)

(1)

The functions of the Council are—

(a)

to keep the civil justice system under review,

(b)

to review the practice and procedure followed in proceedings in the Court of Session and in civil proceedings inF1the Sheriff Appeal Court or the sheriff court,

F2(bb)

to review the practice and procedure followed in inquiry proceedings under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,

(c)

to prepare and submit to the Court of Session—

F3(i)

draft civil procedure rules,

F4(ia)

draft fees rules,

F5(ib)

draft inquiry procedure rules,

(d)

to provide advice and make recommendations to the Lord President on the development of, and changes to, the civil justice system, and

(e)

to provide such advice on any matter relating to the civil justice system as may be requested by the Lord President.

(2)

In carrying out its functions under this Act, the Council must have regard to—

(a)

the principles in subsection (3), and

(b)

any guidance issued by the Lord President.

(3)

The principles are—

(a)

the civil justice system should be fair, accessible and efficient,

(b)

rules relating to practice and procedure should be as clear and easy to understand as possible,

(c)

practice and procedure should, where appropriate, be similar in all civil courts, and

(d)

methods of resolving disputes which do not involve the courts should, where appropriate, be promoted.

(4)

For the purposes of this Part, “draft civil procedure rules” are draft rules which relate to a matter in subsection (5).

(5)

Those matters are—

(a)

any matter relating to a court within the remit of the Council which the Court of Session may regulate by act of sederunt,

(b)

any matter relating to a court within the remit of the Council in anticipation of the Court of Session being given power to regulate the matter by act of sederunt, or

(c)

any matter relating to a proposed court in anticipation of—

(i)

the court being established and added to the remit of the Council, and

(ii)

the Court of Session being given power to regulate the matter by act of sederunt.

(6)

The courts within the remit of the Council are—

(a)

the Court of Session, F6...

F7(aa)

the Sheriff Appeal Court, and

(b)

the sheriff court.

F8(6A)

For the purposes of this Part, “ draft fees rules ” means drafts of such provision as the Court of Session may make by act of sederunt under section 105(1) or 106(1) of the Courts Reform (Scotland) Act 2014 (powers to regulate court fees).

F9(6B)

For the purposes of this Part, “draft inquiry procedure rules” are draft rules prepared with a view to the making by the Court of Session of an act of sederunt under section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

Annotations

Textual amendments

F1: Words in s. 2(1)(b) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 18(a); S.S.I. 2015/77, art. 2(2)(3), Sch.
F2: S. 2(1)(bb) inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(1), Sch. 1 para. 1(2)(a)
F3: Words in s. 2(1)(c)(i) in s. 2(1)(c) renumbered as s. 2(1)(c)(i) (8.1.2016) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 13(2)(b)(i) (with Sch. 9 paras. 4, 6, 8); S.S.I. 2015/422, art. 2
F4: S. 2(1)(c)(ia) inserted after s. 2(1)(c)(i) (1.4.2015) by virtue of Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 31(2)(a); S.S.I. 2015/77, art. 2(2)(3), Sch.
F5: S. 2(1)(c)(ib) inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(1), Sch. 1 para. 1(2)(b)
F6: Word in s. 2(6) repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 18(b)(i); S.S.I. 2015/77, art. 2(2)(3), Sch.
F7: S. 2(6)(aa) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 18(b)(ii); S.S.I. 2015/77, art. 2(2)(3), Sch.
F8: S. 2(6A) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 31(2)(b); S.S.I. 2015/77, art. 2(2)(3), Sch.
F9: S. 2(6B) inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(1), Sch. 1 para. 1(3)

Commencement

I1: S. 2 in force at 28.5.2013 by S.S.I. 2013/124, art. 2 (with art. 3)

Notes on Part 1

Modifications

C1: Pt. 1: power to apply conferred (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), ss. 65(2), 66(2), 83(2) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2