Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024

Type Scottish-Statutory-Instrument
Publication 2024-11-21
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
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Made: 21st November 2024

Laid before the Scottish Parliament: 22nd November 2024

Coming into force: 1st January 2025

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections103(1) and 104(1) of the Courts Reform (Scotland) Act 2014[^f00002] and all other powers enabling it to do so.

Citation and commencement, etc.

1

Amendment of the Rules of the Court of Session 1994

2

(94.1) (1) In this Chapter, “statutory intervener” means a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment. (2) This Chapter is without prejudice to— (a) rule 58.14 (additional parties); (b) any other entitlement of a statutory intervener to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so. (94.2) (1) This rule applies where an enactment requires a statutory intervener to apply for leave to intervene in proceedings. (2) An application for leave to intervene in proceedings is to be by way of minute of intervention in Form 94.2 and must set out— (a) the name of the statutory intervener and the relevant statutory provisions which confer power on it to intervene; (b) where the relevant statutory provisions prescribe conditions which must be satisfied before an application may be made by it or permission to intervene may be granted by the court, how it is considered those conditions are satisfied; (c) the issue in the proceedings which the statutory intervener wishes to address; (d) the propositions to be advanced by the statutory intervener and the reasons for believing that they are relevant to the proceedings. (3) The statutory intervener must— (a) send a copy of the minute to all the parties; (b) lodge it in process, certifying that sub-paragraph (a) has been complied with. (4) Where the relevant statutory provisions prescribe conditions which must be satisfied before leave to intervene may be granted by the court, leave to intervene may only be granted by the court if it is so satisfied. (5) In granting leave, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. (6) The court is to give written intimation of a grant or refusal of leave to the statutory intervener and all the parties. (94.3) (1) This rule applies where an enactment makes provision for a statutory intervener to be invited by the court to intervene in proceedings. (2) Where an enactment requires that the court be satisfied that intervention is likely to assist the court, it may invite an intervention only if it is so satisfied. (3) An invitation by the court to a statutory intervener to intervene in proceedings is to be in Form 94.3 and the court is to send a copy of it to the statutory intervener and all the parties. (4) An invitation is to be accompanied by— (a) a copy of the pleadings in the proceedings; (b) such other documents relating to the proceedings as the court thinks relevant. (5) When issuing an invitation, the court may impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. (94.4) (1) An intervention by a statutory intervener is to be by way of a written submission which (including any appendices) does not exceed 5000 words. (2) The statutory intervener must lodge the submission and send a copy of it to all the parties by such time as the court may direct. (3) The court may in exceptional circumstances— (a) allow a longer written submission to be made; (b) direct that an oral submission is to be made. (4) Where a diet is fixed pursuant to paragraph (3)(b), the court is to give written intimation of the diet to the statutory intervener and all the parties.

Amendment of the Sheriff Appeal Court Rules 2021

3

(24.1) (1) This Chapter applies to interventions in proceedings by a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment. (2) This Chapter is without prejudice to any other entitlement of such a person to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so.

(2) Where an enactment requires that the Court be satisfied that intervention is likely to assist the Court, it may grant leave to intervene only if it is so satisfied.

(1) An invitation from the Court to intervene is to be in Form 24.4. (1A) Where an enactment requires that the Court be satisfied that intervention is likely to assist the Court, it may invite an intervention only if it is so satisfied.

Amendment of the Ordinary Cause Rules 1993

4

(13A.1) (1) In this Chapter, “statutory intervener” means a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment. (2) This Chapter is without prejudice to any other entitlement of a statutory intervener to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so. (13A.2) (1) This rule applies where an enactment requires a statutory intervener to apply for leave to intervene in proceedings. (2) An application for leave to intervene in proceedings is to be by way of minute of intervention in Form O7A and must set out— (a) the name of the statutory intervener and the relevant statutory provisions which confer power on it to intervene; (b) where the relevant statutory provisions prescribe conditions which must be satisfied before an application may be made by it or permission to intervene may be granted by the sheriff, how it is considered those conditions are satisfied; (c) the issue in the proceedings which the statutory intervener wishes to address; (d) the propositions to be advanced by the statutory intervener and the reasons for believing that they are relevant to the proceedings. (3) The statutory intervener must— (a) send a copy of the minute to all the parties; (b) lodge it in process, certifying that sub-paragraph (a) has been complied with. (4) Where the relevant statutory provisions prescribe conditions which must be satisfied before leave to intervene may be granted by the sheriff, leave to intervene may only be granted by the sheriff if the sheriff is so satisfied. (5) In granting leave, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. (6) The sheriff clerk is to give written intimation of a grant or refusal of leave to the statutory intervener and all the parties. (13A.3) (1) This rule applies where an enactment makes provision for a statutory intervener to be invited by the sheriff to intervene in proceedings. (2) Where an enactment requires that the sheriff be satisfied that intervention is likely to assist the sheriff, the sheriff may invite an intervention only if the sheriff is so satisfied. (3) An invitation by the sheriff to a statutory intervener to intervene in proceedings is to be in Form O7B and the sheriff clerk is to send a copy of it to the statutory intervener and all the parties. (4) An invitation is to be accompanied by— (a) a copy of the pleadings in the proceedings; (b) such other documents relating to the proceedings as the sheriff thinks relevant. (5) When issuing an invitation, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. (13A.4) (1) An intervention by a statutory intervener is to be by way of a written submission which (including any appendices) does not exceed 5000 words. (2) The statutory intervener must lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct. (3) The sheriff may in exceptional circumstances— (a) allow a longer written submission to be made; (b) direct that an oral submission is to be made. (4) Where a diet is fixed pursuant to paragraph (3)(b), the sheriff clerk is to give written intimation of the diet to the statutory intervener and all the parties.

Amendment of the Summary Application Rules 1999

5

(2.37) In rules 2.38 to 2.40, “statutory intervener” means a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment. (2.38) (1) This rule applies where an enactment requires a statutory intervener to apply for leave to intervene in proceedings. (2) An application for leave to intervene in proceedings is to be by way of minute of intervention in Form 11AA and must set out— (a) the name of the statutory intervener and the relevant statutory provisions which confer power on it to intervene; (b) where the relevant statutory provisions prescribe conditions which must be satisfied before an application may be made by it or permission to intervene may be granted by the sheriff, how it is considered those conditions are satisfied; (c) the issue in the proceedings which the statutory intervener wishes to address; (d) the propositions to be advanced by the statutory intervener and the reasons for believing that they are relevant to the proceedings. (3) The statutory intervener must— (a) send a copy of the minute to all the parties; (b) lodge it in process, certifying that sub-paragraph (a) has been complied with. (4) Where the relevant statutory provisions prescribe conditions which must be satisfied before leave to intervene may be granted by the sheriff, leave to intervene may only be granted by the sheriff if the sheriff is so satisfied. (5) In granting leave, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. (6) The sheriff clerk is to give written intimation of a grant or refusal of leave to the statutory intervener and all the parties. (7) This rule is without prejudice to any other entitlement of a statutory intervener to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so. (2.39) (1) This rule applies where an enactment makes provision for a statutory intervener to be invited by the sheriff to intervene in proceedings. (2) Where an enactment requires that the sheriff be satisfied that intervention is likely to assist the sheriff, the sheriff may invite an intervention only if the sheriff is so satisfied. (3) An invitation by the sheriff to a statutory intervener to intervene in proceedings is to be in Form 11AB and the sheriff clerk is to send a copy of it to the statutory intervener and all the parties. (4) An invitation is to be accompanied by— (a) a copy of the pleadings in the proceedings; (b) such other documents relating to the proceedings as the sheriff thinks relevant. (5) When issuing an invitation, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. (2.40) (1) An intervention by a statutory intervener is to be by way of a written submission which (including any appendices) does not exceed 5000 words. (2) The statutory intervener must lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct. (3) The sheriff may in exceptional circumstances— (a) allow a longer written submission to be made; (b) direct that an oral submission is to be made. (4) Where a diet is fixed pursuant to paragraph (3)(b), the sheriff clerk is to give written intimation of the diet to the statutory intervener and all the parties.

Amendment of the Summary Cause Rules 2002

6

(14A.1) (1) In this Chapter, “statutory intervener” means a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment. (2) This Chapter is without prejudice to any other entitlement of a statutory intervener to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so. (14A.2) (1) This rule applies where an enactment requires a statutory intervener to apply for leave to intervene in proceedings. (2) An application for leave to intervene in proceedings is to be by way of minute of intervention in Form 23a and must set out— (a) the name of the statutory intervener and the relevant statutory provisions which confer power on it to intervene; (b) where the relevant statutory provisions prescribe conditions which must be satisfied before an application may be made by it or permission to intervene may be granted by the sheriff, how it is considered those conditions are satisfied; (c) the issue in the proceedings which the statutory intervener wishes to address; (d) the propositions to be advanced by the statutory intervener and the reasons for believing that they are relevant to the proceedings. (3) The statutory intervener must— (a) send a copy of the minute to all the parties; (b) lodge it in process, certifying that sub-paragraph (a) has been complied with. (4) Where the relevant statutory provisions prescribe conditions which must be satisfied before leave to intervene may be granted by the sheriff, leave to intervene may only be granted by the sheriff if the sheriff is so satisfied. (5) In granting leave, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. (6) The sheriff clerk is to give written intimation of a grant or refusal of leave to the statutory intervener and all the parties. (14A.3) (1) This rule applies where an enactment makes provision for a statutory intervener to be invited by the sheriff to intervene in proceedings. (2) Where an enactment requires that the sheriff be satisfied that intervention is likely to assist the sheriff, the sheriff may invite an intervention only if the sheriff is so satisfied. (3) An invitation by the sheriff to a statutory intervener to intervene in proceedings is to be in Form 23b and the sheriff clerk is to send a copy of it to the statutory intervener and all the parties. (4) An invitation is to be accompanied by— (a) a copy of the pleadings in the proceedings; (b) such other documents relating to the proceedings as the sheriff thinks relevant. (5) When issuing an invitation, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention. (14A.4) (1) An intervention by a statutory intervener is to be by way of a written submission which (including any appendices) does not exceed 5000 words. (2) The statutory intervener must lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct. (3) The sheriff may in exceptional circumstances— (a) allow a longer written submission to be made; (b) direct that an oral submission is to be made. (4) Where a diet is fixed pursuant to paragraph (3)(b), the sheriff clerk is to give written intimation of the diet to the statutory intervener and all the parties.

Amendment of the Simple Procedure Rules

7

  • statutory intervener” means a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment;

Revocations

8

The following provisions are revoked—

SCHEDULE 1

PART 1

PART 2

SCHEDULE 2

SCHEDULE 3

PART 1

PART 2

SCHEDULE 4

PART 1

PART 2

SCHEDULE 5

PART 1

PART 2

Signed

CJM SUTHERLAND — Lord President — I.P.D. — 21st November 2024

Explanatory note

(This note is not part of the Act of Sederunt)

EXPLANATORY NOTE

This Act of Sederunt amends the Rules of the Court of Session 1994, the Sheriff Appeal Court Rules 2021, the Ordinary Cause Rules 1993, the Summary Application Rules 1999, the Summary Cause Rules 2002 and the Simple Procedure Rules to substitute previous, specific, provision about how certain public authorities may intervene in court proceedings using statutory intervention powers conferred on them, for general provision applicable to all statutory persons on whom intervention powers have been conferred by an enactment.

Footnotes

[^f00001]: 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

[^f00002]: 2014 asp 18.

[^f00003]: The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2024/323.

[^f00004]: Chapter 94 was inserted by S.S.I. 2007/449 and last amended by S.S.I. 2015/228.

[^f00005]: Chapter 95 was inserted by S.S.I. 2008/123 and last amended by S.S.I. 2021/434.

[^f00006]: The appendix was last amended by S.S.I. 2024/195.

[^f00007]: Form 88.7 was inserted by S.S.I 2006/83.

[^f00008]: Form 94.3 was inserted by S.S.I. 2007/449.

[^f00009]: Forms 95.3 and 95.4 were inserted by S.S.I. 2008/123.

[^f00010]: S.S.I. 2021/468, last amended by S.S.I. 2024/323.

[^f00011]: Schedule 2 was last amended by S.S.I. 2024/195.

[^f00012]: The Ordinary Cause Rules 1993 are in schedule 1 of the Sheriff Courts (Scotland) Act 1907 (c. 51). Schedule 1 was substituted by S.I. 1993/1956, last amended by S.S.I. 2024/323.

[^f00013]: Chapters 13A and 13B were inserted by S.S.I. 2008/223.

[^f00014]: Appendix 1 was substituted by S.I. 1993/1956 and last amended by S.S.I. 2023/196.

[^f00015]: Forms O7A to O7C were inserted by S.S.I. 2008/223.

[^f00016]: S.I. 1999/929, last amended by S.S.I. 2023/223.

[^f00017]: Rules 2.37 to 2.41 were inserted by S.S.I. 2008/223.

[^f00018]: Schedule 1 was last amended by S.S.I. 2023/223.

[^f00019]: Forms 11AA to 11AC were inserted by S.S.I. 2008/223.

[^f00020]: The Summary Cause Rules 2002 are in schedule 1 of the Act of Sederunt (Summary Cause Rules) 2002 (S.S.I. 2002/132), last amended by S.S.I. 2021/226.

[^f00021]: Rules 14A.1 to 14A.4 and Chapter 14B were inserted by S.S.I. 2008/223. That instrument erroneously numbered and titled rules 14A.1 to 14A.4 as forming Chapter 13B.

[^f00022]: Appendix 1 was last amended by S.S.I. 2017/186.

[^f00023]: Forms 23A to 23C were inserted by S.S.I. 2008/223.

[^f00024]: S.S.I. 2016/200, last amended by S.S.I. 2022/211.

[^f00025]: Paragraph 3(1) was amended by S.S.I. 2016/315.

[^f00026]: Rule 21.1(1) was amended by S.S.I. 2018/191.

[^f00027]: Schedule 2 was last amended by S.S.I. 2022/211.

[^f00028]: Form 17C was amended by S.S.I. 2016/315.

[^f00029]: S.S.I. 2007/449.

[^f00030]: S.S.I. 2008/123.

[^f00031]: S.S.I. 2008/223.

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