
2023 No. 196
Court Of Session
Sheriff Appeal Court
Sheriff Court
Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Miscellaneous) 2023
Made 27th June 2023
Laid before the Scottish Parliament 29th June 2023
Coming into force 2nd October 2023

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 103(1) and 104(1) of the Courts Reform (Scotland) Act 2014 and all other powers enabling it to do so.
Citation and commencement, etc.
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Miscellaneous) 2023.
(2) It comes into force on 2nd October 2023.
(3) A certified copy is to be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session 1994
2 

(1) The Rules of the Court of Session 1994 are amended in accordance with this paragraph.
(2) In Chapter 102 (reporting restrictions), after rule 102.1 (interpretation and application of this Chapter) insert—“
Application for an order
102.1A. 

(1) A party to the proceedings may apply to the court for an order under this Chapter to restrict the reporting of the proceedings.
(2) An application for an order under this Chapter must be made by motion and be accompanied by Form 102.1A.”.
(3) In the appendix (forms), after Form 97.12 (form of intimation of hearing of application for a parental order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008) insert Form 102.1A (form of application for an order restricting the reporting of proceedings) as set out in schedule 1 of this Act of Sederunt.
Amendment of the Sheriff Appeal Court Rules 2021
3 

(1) The Act of Sederunt (Sheriff Appeal Court Rules) 2021 is amended in accordance with this paragraph.
(2) In Chapter 28 (reporting restrictions), after rule 28.1 (application and interpretation of this Chapter) insert—“
Application for an order
28.1A. 

(1) A party to the proceedings may apply to the court for an order under this Chapter to restrict the reporting of the proceedings.
(2) An application for an order under this Chapter must be made by motion and be accompanied by Form 28.1A.”.
(3) In schedule 2 (forms), after Form 26.2-C (application for review of arrangements for vulnerable witnesses) insert Form 28.1A (form of application for an order restricting the reporting of proceedings) as set out in schedule 2 of this Act of Sederunt.
Amendment of the Sheriff Appeal Court Rules 2015
4 

(1) The Act of Sederunt (Sheriff Appeal Court Rules) 2015, as saved by the Act of Sederunt (Sheriff Appeal Court Rules) 2021, is amended in accordance with this paragraph.
(2) In Chapter 26 (reporting restrictions), after rule 26.1 (interpretation and application of this Chapter) insert—“
Application for an order
26.1A. 

(1) A party to the proceedings may apply to the court for an order under this Chapter to restrict the reporting of the proceedings.
(2) An application for an order under this Chapter must be made by motion and be accompanied by Form 26.1A.”.
(3) In schedule 2 (forms), after Form 24.2-C (application for review of arrangements for vulnerable witnesses) insert Form 26.1A (form of application for an order restricting the reporting of proceedings) as set out in schedule 3 of this Act of Sederunt.
Amendment of the Ordinary Cause Rules 1993
5 

(1) The Ordinary Cause Rules 1993 are amended in accordance with this paragraph.
(2) In Chapter 48 (reporting restrictions), after rule 48.1 (interpretation and application of this Chapter) insert—“
Application for an order
48.1A. 

(1) A party to the proceedings may apply to the court for an order under this Chapter to restrict the reporting of the proceedings.
(2) An application for an order under this Chapter must be made by motion and be accompanied by Form 48.1A.”.
(3) In Appendix 1 (forms), after Form OFT1 (form of notice of intimation to the Office of Fair Trading) insert Form 48.1A (form of application for an order restricting the reporting of proceedings) as set out in schedule 4 of this Act of Sederunt.
Amendment of the Summary Application Rules
6 

(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 is amended in accordance with this paragraph.
(2) In Chapter 3 (rules on applications under specific statutes)—
(a) in Part XLI (reporting restrictions), after rule 3.41.1 (interpretation and application of this Part) insert—“
Application for an order
3.41.1A. 

(1) A party to the proceedings may apply to the court for an order under this Part to restrict the reporting of the proceedings.
(2) An application for an order under this Part must be made by motion and be accompanied by Form 58A.”;
(b) in Part LIV (sexual harm prevention orders and sexual risk orders), in rule 3.54.4(6) (variation, renewal or discharge or sexual harm prevention orders or sexual risk orders) for “paragraph (4)(b)” substitute “paragraph (4)(c)”.
(3) In schedule 1 (forms), after Form 58 (form of order for disposal of a body) insert Form 58A (form of application for an order restricting the reporting of proceedings) as set out in schedule 5 of this Act of Sederunt.
CJM SUTHERLAND
Lord President
I.P.D.
Edinburgh
27th June 2023
SCHEDULE 1
Paragraph 2(3)

SCHEDULE 2
Paragraph 3(3)

SCHEDULE 3
Paragraph 4(3)

SCHEDULE 4
Paragraph 5(3)

SCHEDULE 5
Paragraph 6(3)
