Current status: Answered by Siobhian Brown on 2 October 2025
To ask the Scottish Government, in light of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, how it will ensure that there is an opportunity for the Parliament to scrutinise any proposed changes to the operation of group proceedings (class action).
The Scottish Government is committed to ensuring that any changes to the operation of group proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 are subject to appropriate scrutiny and transparency.
The development of rules for group proceedings, including any proposals to introduce opt-out procedures, is the responsibility of the Scottish Civil Justice Council (SCJC). These rules are made by the Court of Session under powers conferred by the 2018 Act.
Once approved by the Court of Session, rules of court are laid before the Scottish Parliament in accordance with the negative procedure. This means that Parliament has the opportunity to scrutinise the rules and, if it considers it appropriate, annul them within a specified period. This process ensures that the Parliament retains oversight of significant procedural changes to the civil justice system.
In addition, the Scottish Government will continue to engage with stakeholders and the Parliament throughout the development of any new procedures. Ministers are also required under the 2018 Act to report on the operation of group proceedings, which provides a further mechanism for parliamentary scrutiny and debate.
I also further refer the member to the answer to question S6W-40659 on 2 October 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.