
1 
This Order may be cited as the Transcripts of Criminal Proceedings (Scotland) Order 1993 and shall come into force on 1st October 1993.
2 
In this Order–
 “specified class of person” means, in relation to any specified class of proceedings, any of the classes specified in article 3 of this Order;
 “specified class of proceedings” means any of the classes specified in article 4 of this Order;
 “specified purpose” means any of the purposes specified in article 5 of this Order;
 “the 1975 Act” means the Criminal Procedure (Scotland) Act 1975.
3 
The following classes of person are, in relation to any specified class of proceedings, specified for the purposes of this Order, namely:–
(a) the prosecutor in those proceedings;
(b) any person convicted in those proceedings;
(c) any other person named in, or immediately affected by, any order made by the court in those proceedings;
(d) any person authorised to act on behalf of any person falling within any class of person specified in paragraphs (a) to (c) of this article.
4 
The following classes of proceedings are specified for the purposes of this Order, namely:–
(a) any proceedings of the High Court in which the judge has exercised the power conferred upon him by section 145(3) of the 1975 Act;
(b) any proceedings of the High Court during any period when–
(i) the court has made an order under section 4(2) of the Contempt of Court Act 1981 postponing publication of a report for a period; and
(ii) that period has not expired.
5 
The following purposes are specified for the purposes of this Order:–
(a) the purpose of an appeal to the High Court;
(b) the purpose of any reference of a case to the High Court under section 263(1) of the 1975 Act or any application or petition in connection therewith;
(c) the purpose of any petition for the exercise of Her Majesty’s Prerogative of Mercy;
(d) the purpose of any proceedings before the European Commission of Human Rights or the European Court of Human Rights.
6 
In any specified class of proceedings, the Clerk of Justiciary shall only make a direction under section 275(2)(b) of the 1975 Act if satisfied that the person requesting the transcript is a person who falls within a specified class of person and intends to use it only for a specified purpose.
Fraser of Carmyllie
Minister of State, The Scottish Office
St. Andrew’s House,
Edinburgh
9th September 1993