Act of Adjournal (Criminal Procedure Rules Amendment) (Miscellaneous) 2013 (SSI 2013/72)
Although rule 40.13 is intended to apply to both compatibility issues and devolution issues, it limits the description of referrals to which it applies by referring only to the provision under which compatibility issues are referred. The rule therefore inadvertently excludes its application to devolution issues.
Paragraph 6 of form 23A.1-A should be shown as optional as it applies to the form when used in connection with requests under section 273(2) of the Criminal Procedure (Scotland) Act 1995 but not to its use in connection with requests under section 273A(2) of the same act.
Does the committee also agree to note that the Lord President’s private office has undertaken to correct these matters the next time the criminal procedure rules are amended?
Act of Sederunt (Rules of the Court of Session Amendment) (Protective Expenses Orders in Environmental Appeals and Judicial Reviews) 2013 (SSI 2013/81)
New rule 58A.1(1)(c), which is inserted by paragraph 2(2) of this instrument, provides that new chapter 58A of the rules of the Court of Session will apply to applications and appeals that include a challenge to a decision, act or omission that is subject to the public participation provisions of Council directive 85/337/EEC, otherwise known as the environmental impact assessment directive. The drafting of that subparagraph appears to be defective as the EIA directive has been repealed by directive 2011/92/EU of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment. That codifying directive has repealed and replaced the EIA directive.
The Lord President’s private office has undertaken to consider an amendment to correct this error. Does the committee agree to recommend that it would be prudent to amend the text of the new rule to refer to the directive currently in force?