.”, (b) subsections (2) and (3) are repealed. 10 (4) In section 22D (presumption that personal conduct of case should be prohibited) (inserted 1 by section 4(5) of the 2020 Act), in subsection (1), in paragraph (b), for the words from “other proceedings” to the end substitute “proceedings other than relevant proceedings”. 32 Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004 15 (1) In the 2020 Act, section 7 is repealed. (2) The Vulnerable Witnesses (Scotland) Act 2004 is amended by subsections (3) and (4). (3) In section 22B (prohibition on personal conduct of case) (inserted by section 4(5) of the 2020 Act), in subsection (7), for the words “section 7 of the Children (Scotland) Act 2020” substitute “section 22E and, if the register is divided into parts, the part which 20 applies to the proceedings”. (4) After section 22D (presumption that personal conduct of case should be prohibited) (inserted by section 4(5) of the 2020 Act) insert— “22E Register of solicitors for section 22B (1) The Scottish Ministers must— 25 (a) establish, and (b) (subject to provision made under subsection (2)(d)) maintain, a register of solicitors who may be appointed by a court under section 22B(6). (2) The Scottish Ministers, by regulations— (a) must— 30 (i) specify the requirements that a person must satisfy in order to be included, and remain, on the register or each part of it (which may include requirements as to training and qualifications), (ii) set out the processes for including a person on, and removing a person from, the register or each part of it (including appeal rights), 35 (iii) provide for the remuneration by the Scottish Ministers of solicitors appointed under section 22B(6), including expenses and outlays (such as counsel’s fees), (b) may provide for the register to be divided into parts by reference to type, subject matter, or category of civil proceedings, 22 Victims, Witnesses, and Justice Reform (Scotland) Bill Part 3—Special measures in civil cases 1 (d) may— (i) confer the duty of maintaining the register on a person, and (ii) make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection 5 with, or for giving full effect to provision made by virtue of sub-paragraph (i). (3) Before making regulations under subsection (2), the Scottish Ministers must— (a) consult— (i) the Faculty of Advocates, and 10 (ii) the Law Society of Scotland, 1 (b) prepare and publish a report on the consultation. (3A) A report under subsection (3)(b) must— (a) include a summary of how the views of those consulted under subsection (3) were taken into account by the Scottish Ministers in preparing any 15 regulations to be made under subsection (2), (b) where no account has been taken of any such views, explain why not. (4) If the register is divided in accordance with subsection (2)(b), the entry for each person included on the register must specify on which part or parts of the register they are included. 20 (5) Regulations under subsection (2)— (a) are subject to the affirmative procedure if, by virtue of paragraph (d)(ii) of that subsection, they add to, replace, or omit any part of the text of an Act, but (b) otherwise are subject to the negative procedure.”. 25 Vulnerable parties 33 Vulnerable parties (1) In the 2020 Act— (a) section 8 is repealed, (b) in section 15(3)(a) (vulnerable witnesses: supplementary provision), for the words 30 “if aged 12 or older” substitute “unless the contrary is shown”. (2) The Vulnerable Witnesses (Scotland) Act 2004 is amended by subsection (3). (3) After section 22E (register of solicitors for section 22B) (as inserted by section 32), insert— “Vulnerable parties 35 22F Vulnerable parties (1) In proceedings to which subsection (2) applies— (a) in relation to a party who would be deemed a vulnerable witness by virtue of section 11B if the party were to give evidence in or for the 23 Victims, Witnesses, and Justice Reform (Scotland) Bill Part 3—Special measures in civil cases purposes of the proceedings, if the court is satisfied that the party will, or is likely to, attend or participate in hearings, the court must— (i) order the use of any special measure that the party requests, (ii) order the use of a special measure that the court considers is 5 appropriate and, if the party requested a different special measure, give reasons for not ordering its use, or (iii) give reasons for not ordering the use of any special measure, (b) in relation to any other party, the court may order the use of a special measure if the court considers that— 10 (i) attending or participating in hearings is causing, or is likely to 1 cause, the party distress, (ii) the party’s distress is likely to be reduced by the use of the special measure, and (iii) the use of the special measure would not give rise to a significant 15 risk of prejudice to the fairness of the proceedings or otherwise to the interests of justice. (2) This subsection applies to any civil proceedings, other than relevant proceedings, commenced on or after section 33 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2024 comes into force. 20 (3) An order under subsection (1) may authorise a special measure in relation to the whole of proceedings or only a part of them. (4) A court may vary or revoke an order it made under subsection (1). (5) An order under subsection (1) or (4) may be made— (a) at any time, and 25 (b) whether or not a party to the proceedings has applied for one. (5A) In making an order under subsection (1)(b), the court must— (a) have regard to the best interests of the party, and (b) take account of any views expressed by— (i) the party (having regard, where the party is a child, to the child’s 30 age and maturity), and (ii) where the party is a child, the child’s parent. (5B) For the purposes of subsection (5A)(b), where the party is a child— (a) the child is to be presumed to be of sufficient age and maturity to form a view unless the contrary is shown, and 35 (b) in the event that any views expressed by the child are inconsistent with any views expressed by the child’s parent, the views of the child are to be given greater weight. (5C) In subsection (5B), “parent”, in relation to a child, means any person having parental responsibilities within the meaning of section 1(3) of the Children 40 (Scotland) Act 1995 in relation to the child. 24 Victims, Witnesses, and Justice Reform (Scotland) Bill Part 3—Special measures in civil cases (6) The special measures which may be authorised by virtue of an order under subsection (1) or (4) are— (a) use of a live...