Sheriff Court Rules Council
Under section 34 of the 1971 Act, the Sheriff Court Rules Council has the function of reviewing the procedure and practice followed in civil proceedings in the sheriff court, and of preparing draft rules to govern such proceedings. These draft rules are then submitted to the Court of Session to be passed as an Act of Sederunt, subject to the Court's approval, and with any modifications, if any, the Court considers appropriate.
The Court of Session can also act without draft rules having been submitted, under section 32(3) of the 1971 Act but, in such a case, must consult with the Sheriff Court Rules Council and take into consideration any views expressed by it.
Court of Session Rules Council
The Court of Session Rules Council performs a similar function to the Sheriff Court Rules Council and, under section 8 of the 1988 Act, can formulate new rules of court, which are submitted to the Court of Session to be passed as an Act of Sederunt, subject to the court's approval.
Criminal Court Rules Council
The Criminal Courts Rules Council was established under section 304 of the Criminal Procedure (Scotland) Act 1995 with the following functions:
- to keep under general review the procedures and practices of the courts exercising criminal jurisdiction in Scotland;
- to consider and comment on any draft Act of Adjournal submitted to it by the High Court.
A Single Rules Council for Civil Proceedings
The establishment of a single rules council was one of the recommendations of The Scottish Civil Courts Review. Many of The Review recommendations will need new rules of court. To prepare those, the review recommended a new, single body should be established with oversight of the entire civil justice system.
For the latest information please visit the Scottish Civil Justice Council webpages