Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill 9 Part 4—Group proceedings (4) A person may be a representative party in group proceedings— (a) whether or not the person is a member of the group on whose behalf the proceedings are brought, (b) only if so authorised by the Court. 5 (5) There is to be no more than one representative party in group proceedings. (6) Group proceedings may be brought only with the permission of the Court. (7) The Court may give permission— (a) only if it considers that all of the claims made in the proceedings raise issues (whether of fact or law) which are the same as, or similar or related to, each other, 10 and (b) in accordance with provision made in an act of sederunt under section 18(1). (8) In group proceedings, the representative party may— (a) make claims on behalf of the members of the group, (b) subject to provision made in an act of sederunt under section 18(1), do anything 15 else in relation to those claims that the members would have been able to do had the members made the claims in other civil proceedings. (9) Section 11 of the Court of Session Act 1988 (jury actions) does not apply to group proceedings. 18 Group procedure: rules 20 (1) The Court of Session may make provision by act of sederunt about group procedure. (2) Without limiting that generality, the power in subsection (1) includes power to make provision for or about— (a) persons who may be authorised to be a representative party, (b) action to be taken by a representative party in connection with group proceedings 25 (whether before or after the proceedings are brought), (c) types of claim that may not be made in group proceedings, (d) circumstances in which permission to bring group proceedings may be refused, (e) appeals against the granting or refusal of such permission, (f) the disapplication or modification of section 39 of the Courts Reform (Scotland) 30 Act 2014 (exclusive competence of the sheriff court) in relation to group proceedings, (g) the making of an additional claim in group proceedings after the proceedings have been brought (including the transfer of a claim made in other civil proceedings), (h) the exclusion of a claim made in group proceedings from the proceedings 35 (including the transfer of the claim to other civil proceedings), (i) the replacement of a representative party, (j) steps that may be taken by a representative party only with the permission of the Court. (3) Nothing in an act of sederunt under subsection (1) is to derogate from section 17. 10 Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill Part 5—General provision (4) An act of sederunt under subsection (1) may make— (a) incidental, supplementary, consequential, transitional, transitory or saving provision, (b) provision amending, repealing or revoking any enactment relating to matters with 5 respect to which an act of sederunt under subsection (1) may be made, (c) different provision for different purposes. (5) This section is without prejudice to— (a) any enactment that enables the Court to make rules (by act of sederunt or otherwise) regulating the practice and procedure to be followed in proceedings to 10 which this section applies, or (b) the inherent powers of the Court. (6) In subsection (2), “representative party” is to be construed in accordance with section 17(2).