Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill 7 Part 2—Expenses in civil litigation (4) For the purposes of this section— “family proceedings” has the same meaning as in section 135 of the Courts Reform (Scotland) Act 2014, “financial assistance” does not include a payment from the Scottish Legal Aid 5 Fund. (5) This section is subject to an act of sederunt under section 103(1) or 104(1) of the Courts Reform (Scotland) Act 2014. 11 Awards of expenses against legal representatives (1) This section applies in civil proceedings where the court considers that a legal 10 representative of a party to the proceedings has committed a serious breach of that representative’s duties to the court. (2) The court may make an award of expenses against the legal representative. (3) This section is subject to any limitations that may be specified in an act of sederunt under section 103(1) or 104(1) of the Courts Reform (Scotland) Act 2014. 15 12 Minor and consequential modifications of the Courts Reform (Scotland) Act 2014 (1) The Courts Reform (Scotland) Act 2014 is amended as follows. (1A) In section 81(5)(b) (expenses in simple procedure cases), for “unreasonably” substitute “in a manner which is manifestly unreasonable”. (2) In section 103(2) (examples of how the power to regulate procedure and practice in the 20 Court of Session may be exercised)— (a) in paragraph (j), for “to parties to” substitute “in”, (b) in paragraph (k), after “parties” insert “or persons representing such parties”. (3) In section 104(2) (examples of how the power to regulate procedure and practice in the sheriff court and Sheriff Appeal Court may be exercised)— 25 (a) in paragraph (j), for “to parties to” substitute “in”, (b) in paragraph (k), after “parties” insert “or persons representing such parties”. 12A Meaning of “legal representative” In this Part, “legal representative” means— (a) a solicitor enrolled in the roll of solicitors kept under section 7 of the Solicitors 30 (Scotland) Act 1980, (b) a member of the Faculty of Advocates, (c) any other person who may exercise a right of audience or conduct litigation in civil proceedings on behalf of a party to the proceedings. 8 Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill Part 3—Auditors of court P ART 3 A UDITORS OF COURT 13 Auditors of court (1) There is to continue to be— 5 (a) an office of the Court of Session called the Auditor of the Court of Session, (b) an office of the Sheriff Appeal Court called the auditor of the Sheriff Appeal Court, (c) an office called the auditor of the sheriff court. (2) In this Part, the holders of those offices are referred to as the “auditors of court”. 10 (3) The Scottish Courts and Tribunals Service (“the SCTS”) has the function of appointing individuals to hold those offices. (4) A person’s appointment as an auditor of court— (a) lasts for such period, and (b) is on such other terms and conditions, 15 as the SCTS may determine. (5) The auditors of court are also members of the staff of the SCTS and, accordingly, a reference in any enactment to the staff of the SCTS includes, except where the context requires otherwise, a reference to the auditors of court. (6) The Auditor of the Court of Session is to continue to be a member of the College of 20 Justice. (7) The schedule modifies enactments in relation to the auditors of court. 13A Temporary Auditor of the Court of Session (1) Subsection (2) applies during any period when— (a) the office of the Auditor of the Court of Session is vacant, or 25 (b) the holder of that office is for any reason unable to carry out the functions of the office. (2) The Lord President of the Court of Session may appoint a person to act as the Auditor of the Court of Session during that period. (3) A person appointed under subsection (2)— 30 (a) is to be appointed on such terms and conditions as the Lord President determines, (b) while acting as the Auditor of the Court of Session, is to be treated for all purposes, other than those of sections 13(4), (5) and (6) and 15(1) and (5), as the Auditor of the Court of Session. 14 Auditors’ functions 35 (1) An auditor of court— (a) is to tax such accounts...