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Official Report Meeting date: 8 November 2022

Delegated Powers and Law Reform Committee 08 November 2022

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?
Last updated: 10 June 2024

Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill as Passed

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...
Last updated: 8 March 2024

SPCB 2024 Paper 13 Annex A

We are accountable to the people of Scotland. (A: Accountability) We uphold everyone’s human rights.
Questions and Answers Date answered: 21 September 2022

S6W-10883

We are considering the broad range of views shared with us before laying a finalised NPF4 in the Scottish Parliament in the autumn.
Questions and Answers Date answered: 15 July 2021

S6W-00957

The Scottish Government has consulted on the register of child welfare reporters and plans to lay regulations in spring 2022 on the register.
Official Report Meeting date: 6 May 2025

Equalities, Human Rights and Civil Justice Committee 06 May 2025 [Draft]

It is really important to hear from the people to whom we are accountable what the most effective way of achieving accountability is.
Last updated: 14 May 2024

SPBill48DPMS062024accessible

There is no parliamentary procedure but the Scottish Ministers are required to lay the code of practice in draft along with the draft regulations under section 4.
Last updated: 11 June 2024

Victims Witnesses and Justice Reform Scotland Bill at Stage 1

So when working on commencement, we will also need to take account of children’s hearings proceedings as well as civil proceedings generally.
Last updated: 17 April 2024

VWJR Bill Scottish Government Response to Stage 1 Report 16 April 2024

So when working on commencement, we will also need to take account of children’s hearings proceedings as well as civil proceedings generally.
Official Report Meeting date: 19 September 2023

Delegated Powers and Law Reform Committee 19 September 2023

In relation to all five instruments, does the committee wish to draw them to the attention of the Parliament on reporting ground (j), which is the failure to lay an instrument in accordance with laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010, as they have all breached the 28-d...

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