Question reference: S6W-25946
- Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
- Date lodged: 1 March 2024
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Current status: Answered by Siobhian Brown on 11 March 2024
Question
To ask the Scottish Government for what reason section (a) 9 and (b) 10 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 is not in force.
Answer
Sections 9 and 10 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 are not in force because the requisite court rules are not in place. Civil court rules govern the procedure to be followed in cases heard in the Court of Session and in civil cases in the sheriff courts to ensure a fair, efficient, and accessible legal system in Scotland.
Commencing legislative provisions without court rules in place would be irresponsible - potentially creating problems for court users and placing added pressures on our court system.
Responsibility for drafting court rules lies with the Scottish Civil Justice Council (SCJC), a statutory body chaired by the Lord President. The Council prepares an annual report on its activities along with an annual plan setting out its objectives and priorities each year and lays a copy before the Scottish Parliament. The rules required for sections 9 and 10 are currently in the SCJC work plan and are listed as a priority.
Implementing emergency measures to allow the court system to function during the pandemic and the subsequent work to manage recovery has had a significant impact on the delivery of the Council’s business, and its available resources. However, the SCJC have advised that drafting of the new rules is progressing well.
Scottish Government officials are continuing to engage with the SCJC and stand ready to commence the remaining sections of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 as soon as court rules are finalised.