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Rule 44.5 National securityF1F2

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

(1)

Where, on a motion under paragraph (3) or of the sheriff’s own motion, the sheriff considers it expedient in the interests of national security, the sheriff may—

(a)

exclude from all or part of the proceedings—

(i)

the pursuer;

(ii)

the pursuer’s representatives;

(iii)

any assessors;

(b)

permit a pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings or the part of the proceedings, from which he or she is excluded;

(c)

take steps to keep secret all or part of the reasons for his or her decision in the proceedings.

(2)

The sheriff clerk shall, on the making of an order under paragraph (1) excluding the pursuer or the pursuer’s representatives, notify the Advocate General for Scotland of that order.

(3)

A party may apply by motion for an order under paragraph (1).

(4)

The steps referred to in paragraph (1)(c) may include the following—

(a)

directions to the sheriff clerk; and

(b)

orders requiring any person appointed to represent the interests of the pursuer in proceedings from which the pursuer or the pursuer’s representatives are excluded not to communicate (directly or indirectly) with any persons (including the excluded pursuer)—

(i)

on any matter discussed or referred to;

(ii)

with regard to any material disclosed,

during or with reference to any part of the proceedings from which the pursuer or the pursuer’s representatives are excluded.

(5)

Where the sheriff has made an order under paragraph (4)(b), the person appointed to represent the interests of the pursuer may apply by motion for authority to seek instructions from or otherwise communicate with an excluded person.

Annotations

Textual amendments

F1

Sch. 1 Ch. 44 inserted (3.11.2006) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act 2006 etc.) 2006 (S.S.I. 2006/509), art. 2(3)

F2

Sch. 1 rules 44.5-44.7 substituted for Sch. 1 rule 44.5 (1.10.2010) by Act of Sederunt (Sheriff Court Rules) (Equality Act 2010) 2010 (S.S.I. 2010/340), paras. 1(2), 2(3) (with para. 6)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5

Notes on Chapter 44

Textual amendments

F2

Sch. 1 Ch. 44 heading substituted (1.10.2010) by Act of Sederunt (Sheriff Court Rules) (Equality Act 2010) 2010 (S.S.I. 2010/340), paras. 1(2), 2(4) (with para. 6)