Vulnerable parties 33 Vulnerable parties (1) In the 2020 Act, section 8 is repealed. 44 Victims, Witnesses, and Justice Reform (Scotland) Bill Part 3—Special measures in civil cases (2) The Vulnerable Witnesses (Scotland) Act 2004 is amended by subsections (2A) and (3). (2A) In section 15(3)(a) (vulnerable witnesses: supplementary provision), for the words “if aged 12 or older” substitute “unless the contrary is shown”. 5 (3) After section 22E (register of solicitors for section 22B) (as inserted by section 32), insert— “Vulnerable parties 22F Vulnerable parties (1) In proceedings to which subsection (2) applies— 10 (a) in relation to a party who would be deemed a vulnerable witness by 1 virtue of section 11B if the party were to give evidence in or for the 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, 15 (ii) order the use of a special measure that the court considers is 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 20 measure if the court considers that— (i) attending or participating in hearings is causing, or is likely to cause, the party distress, (ii) the party’s distress is likely to be reduced by the use of the special measure, and 25 (iii) the use of the special measure would not give rise to a significant 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 30 Justice Reform (Scotland) Act 2024 comes into force. (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— 35 (a) at any time, and (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 45 Victims, Witnesses, and Justice Reform (Scotland) Bill Part 3—Special measures in civil cases (b) take account of any views expressed by— (i) the party (having regard, where the party is a child, to the child’s age and maturity), and (ii) where the party is a child, the child’s parent. 5 (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 (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 10 be given greater weight. 1 (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 (Scotland) Act 1995 in relation to the child. (6) The special measures which may be authorised by virtue of an order under 15 subsection (1) or (4) are— (a) use of a live...