P ART 3 S PECIAL MEASURES IN CIVIL CASES 10 Vulnerable witnesses 1 30 Vulnerable witnesses (1) The Vulnerable Witnesses (Scotland) Act 2004 is amended as follows. (2) In section 11B (deemed vulnerable witnesses: proceedings concerning order under section 11(1) of the Children (Scotland) Act 1995) (inserted by section 4(3) of the Children 15 (Scotland) Act 2020 (“the 2020 Act”))— (a) in subsection (1), for “proceedings to which subsection (2) applies”, substitute “civil proceedings other than relevant proceedings”, (b) subsection (2) is repealed, (c) the section title becomes “Deemed vulnerable witnesses: proceedings other 20 than relevant proceedings”. 31 Prohibition on personal conduct of case (1) The Vulnerable Witnesses (Scotland) Act 2004 is amended as follows. (2) In section 18(1) (the special measures)— (a) in paragraph (d), the word “and” is repealed, 25 (b) after paragraph (d) insert— “(da) prohibition on personal conduct of case by one or more of the parties to the proceedings in accordance with sections 22B to 22D, and”. (3) In section 22B (prohibition on personal conduct of case) (inserted by section 4(5) of the 2020 Act)— 30 (a) for subsection (1), substitute— “(1) Where the special measure to be used is prohibition on personal conduct of case, the court must prohibit the party or parties identified in the order from conducting their own case in person.”, (b) subsections (2) and (3) are repealed. 35 (4) In section 22D (presumption that personal conduct of case should be prohibited) (inserted by section 4(5) of the 2020 Act), in subsection (1), in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”. 16 Victims, Witnesses, and Justice Reform (Scotland) Bill Part 3—Special measures in civil cases 32 Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004 (1) In the 2020 Act, section 7 is repealed. (2) The Vulnerable Witnesses (Scotland) Act 2004 is amended by subsections (3) and (4). 5 (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 applies to the proceedings”. (4) After section 22D (presumption that personal conduct of case should be prohibited) 10 (inserted by section 4(5) of the 2020 Act) insert— 1 “22E Register of solicitors for section 22B (1) The Scottish Ministers must— (a) establish, and (b) (subject to provision made under subsection (2)(d)) maintain, 15 a register of solicitors who may be appointed by a court under section 22B(6). (2) The Scottish Ministers, by regulations— (a) must— (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 20 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), (b) may provide for the register to be divided into parts by reference to type, subject matter, or category of civil proceedings, 25 (c) may provide for the remuneration by the Scottish Ministers of solicitors appointed under section 22B(6), including expenses and outlays (such as counsel’s fees), (d) may— (i) confer the duty of maintaining the register on a person, and 30 (ii) make such modifications to other enactments as the Scottish Ministers consider appropriate for the purposes of, or in connection 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 35 consult— (a) the Faculty of Advocates, and (b) the Law Society of Scotland. (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 40 the register they are included. 17 Victims, Witnesses, and Justice Reform (Scotland) Bill Part 3—Special measures in civil cases (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 5 (b) otherwise are subject to the negative procedure.”.