
1 

(1) These Regulations may be cited as the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2018 and come into force on 30 January 2019.
(2) In these Regulations—
 “the 1933 Act” means the Administration of Justice (Scotland) Act 1933, and
 “the 2018 Act” means the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.
2 
30 January 2019 is the day appointed for the coming into force of the following provisions of the 2018 Act—
(a) section 4(1) and (2) (power to cap success fees),
(b) section 5 (power to exclude specified descriptions of civil proceedings from success fee agreements),
(c) section 6(8) (power to vary sums specified in section 6(5)(a) and (b)),
(d) section 7(3) and (4) (power to make further provision about success fee agreements),
(e) section 12(1), (3) and (4) (minor and consequential modifications of the Courts Reform (Scotland) Act 2014),
(f) section 14 (auditors of court),
(g) section 15 (temporary auditor of the Court of Session),
(h) section 16 (auditors’ functions),
(i) section 17 (auditors unable to tax account),
(j) section 18 (guidance),
(k) section 19 (reports),
(l) section 20(7) and (8) (group proceedings),
(m) section 21 (group procedure: rules),
(n) section 22 (group proceedings: further provision), and
(o) the schedule (auditors of court: modification of enactments).
3 

(1) Despite the repeal of the provisions mentioned in paragraph (2), those provisions continue to apply to a holder of the office of Auditor of the Court of Session appointed before 30 January 2019.
(2) The provisions are—
(a) section 32 of the Court of Session Act 1821 (office of Auditor of the Court of Session to be made permanent), repealed by paragraph 1 of the schedule of the 2018 Act,
(b) section 25(2) of the 1933 Act (appointment of Principal Clerk of Justiciary etc.), repealed by paragraph 3(a) of the schedule of the 2018 Act,
(c) section 26 of the 1933 Act (age limit for officers of High Court of Justiciary and Court of Session), repealed by paragraph 3(b) of the schedule of the 2018 Act,
(d) section 27(1) of the 1933 Act (remuneration of officers of High Court of Justiciary and Court of Session), repealed by paragraph 3(c) of the schedule of the 2018 Act, and
(e) section 28 of the 1933 Act (regulations for admission of officers of High Court of Justiciary and Court of Session), repealed by paragraph 3(d) of the schedule of the 2018 Act.
(3) Accordingly, the following provisions of the 2018 Act do not apply to a holder of the office of Auditor of the Court of Session appointed before 30 January 2019—
(a) section 14(5), and
(b) section 15.
4 
Section 14(5) of the 2018 Act does not apply to a holder of the office of auditor of the Sheriff Appeal Court appointed before 30 January 2019.
5 
If a holder of the office of auditor of the sheriff court is not a member of staff of the Scottish Courts and Tribunals Service on 30 January 2019—
(a) that person may be appointed to hold that office under section 14(3), and
(b) section 14(5) of the 2018 Act does not apply to that person unless they are appointed by virtue of sub-paragraph (a).
6 

(1) A report under section 19 of the 2018 Act need not include information in relation to an auditor of court appointed before 30 January 2019.
(2) Paragraph (1) does not apply where a holder of the office of auditor of the sheriff court becomes appointed as an auditor of the sheriff court under section 14(3) of the 2018 Act.
ASH DENHAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
4th December 2018