Sheriff Court Rules Council

Sheriff Court Rules Council

• Current Members

  Appointed by the Lord President for the period 21 January 2011 to 20 January 2014:

  • Craig Scott, Sheriff Principal of Glasgow and Strathkelvin (Chairman)
  • Mhairi Stephen, Sheriff Principal of Lothian and Borders
  • Robert Dickson, Sheriff of South Strathclyde, Dumfries & Galloway at Airdrie
  • A Grant McCulloch, Sheriff of Tayside Central and Fife at Kirkcaldy
  • Anthony Deutsch, Sheriff of Glasgow and Strathkelvin
  • Mr Alan McLean, QC, Faculty of Advocates
  • Mr Malcolm Speirs, Solicitor, Glasgow
  • Mr Fraser Simpson, Solicitor, Glasgow
  • Mr Robert McDonald, Solicitor, Aberdeen
  • Ms Clair McLachlan, Solicitor, Glasgow
  • Mr Stephen Brand, Solicitor, Dundee
  • Mrs Maureen McLean, Sheriff Clerk, Hamilton
  • Mrs Frances MacPherson, Sheriff Clerk, Inverness
  • Ms Rachel Smith, In Court Advisor, Aberdeen
  • Mr Alan McIntosh, Lay Member, Glasgow

  Appointed by the Minister for Justice:

  • Mr Robert Sandeman

  Secretariat:

  • Mr Stephen McCourt, Secretary
  • Mrs Linda McCabe, Assistant Secretary

  
  

• Minutes

  2013

  • 1 February 2013

  2012

  • 9 November 2012
  • 3 August 2012
  • 4 May 2012
  • 3 February 2012

  2011

  • 4 November 2011
  • 5 August 2011
  • 6 May 2011
  • 4 February 2011

  2010

  • 5 November 2010
  • 6 August 2010
  • 7 May 2010
  • 5 February 2010

  2009

  • 6 November 2009
  • 7 August 2009
  • 1 May 2009
  • 6 February 2009

  2008

  • 5 December 2008
  • 5 September 2008
  • 6 June 2008
  • 7 March 2008

  2007

  • 7 December 2007
  • 7 September 2007
  • 1 June 2007
  • 13 April 2007
  • 2 March 2007
  • 6 February 2007

  2006

  • 1 December 2006
  • 8 September 2006
  • 2 June 2006
  • 3 March 2006

  2005

  • 2 December 2005
  • 2 December 2005 - Item 5 Report
  • 2 September 2005
  • 3 June 2005
  • 11 February 2005

  2004

  • 26 November 2004
  • 10 September 2004
  • 25 June 2004
  • 19 March 2004

• IT Committee minutes

  2008

  • 30 January 2008

  2007

  • 14 March 2007

  2006

  • 06 December 2006
  • 31 March 2006
  • 27 January 2006

  2005

  • 13 May 2005
  • 28 January 2005

• Ordinary Cause Committee Minutes

  2007

  • 8 November 2007
  • 13 April 2007

  2006

  • 4 May 2006

  2005

  • 18 November 2005
  • 18 August 2005
  • 22 April 2005

• SCRC Business Plans

  Business Plans

  • SCRC Business Plan 2012-13 
  • SCRC Business Plan 2011-12 
  • SCRC Business Plan 2010-11 
  • SCRC Business Plan 2009-10  
  • SCRC Business Plan 2008-09 
  • SCRC Business Plan 2007-08 
  • SCRC Business Plan 2006-07 
  • SCRC Business Plan 2005-06 

• Consultation papers

  The Sheriff Court Rules Council consults widely on any major proposed changes in the civil procedure in the Sheriff Court. Consultation papers are distributed to interested parties, inviting responses within a specified period. A list of consultees is maintained by the Secretary.

  Current Consultations

  There are no current consultations

  Closed Consultations

  Consultation on Proposals for Procedural Rules in the Sheriff Court for the Children's Hearings (Scotland) Act 2011

  • Consultation document
  • Covering letter
  • Respondent information form
  • List of responses
  • Analysis of results

   

  Consultation on Proposals for Procedural Rules for Personal Injury Actions in the Sheriff Court

  • Consultation document
  • Covering Letter 
  • Respondent information Form 
  • List of responses

  Consultation on The Sheriff Court and Alternative Dispute Resolution

  • Consultation document 
  • Covering letter  
  • Respondent Information Form
  • List of responses

  Consultation Paper on proposals for further extension of the use of information technology in civil cases in the sheriff court

  • List of responses

• Background

  Appointment of Members

  Members of the Council are appointed by the Lord President.

  Membership comprises of two sheriffs principal, three sheriffs, one advocate, five solicitors, two sheriff clerks and two lay members.

  Lay members should have a knowledge of the working procedures and practices of the civil courts, a knowledge of consumer affairs and an awareness of the interests of litigants in the sheriff courts. The Lord President consults the Cabinet Secretary for Justice before appointing lay members.

  The membership is completed by one person appointed by the Cabinet Secretary for Justice, who appears to the Cabinet Secretary for Justice to be qualified for such appointment.

  Period of Office

  Members of the Council are appointed for three years and are eligible for re-appointment, unless they lose their qualification for appointment.

  Filling Vacancies

  If a vacancy on the Council occurs before the end of the Council's term of office, it will be filled by either the Lord President or the Cabinet Secretary for Justice, as appropriate, nominating a replacement who will hold office for the remainder of the Council's term of office.

  Chairman
  
  

  One of the two sheriff principal members of the Council is appointed by the Lord President to be Chairman.

  Secretary
  
  

  The Secretary to the Council is appointed by the Cabinet Secretary for Justice.

  Meetings

  The Council should meet at intervals of not more than six months. A meeting may be requisitioned by the Chairman of the Council or any three members of the Council.

  Quorum

  Six members shall be a quorum at any meeting of the Council.

• Function of the Council

  The function of the Council is to review the procedure and practice in civil proceedings in the Sheriff Court. In the light of that review, the Council prepares draft rules and submits them to the Court of Session for approval.
  
  The rules submitted to the Court of Session are designed to regulate and prescribe procedure and practice. The Council should ensure that the Court of Session has the power to make such rules.
  
  The review of procedure and practice is an ongoing process. The Council prepares and submits to the Court of Session, draft rules designed to deal with any matters relating to the Sheriff Court.
  
  The Court of Session, having made any modifications it thinks expedient, makes an Act of Sederunt embodying the rules.
  
  To assist it in the discharge of its functions, the Council may invite representations on any aspect of the procedure or practice in civil proceedings in the Sheriff Court.
  
  The Council considers any representations received. These can be in response to an invitation (e.g. in a consultation paper) or in another manner (e.g. by correspondence or having been raised by a member of the Council).
  
  
  

  Power of Court of Session to Regulate Civil Procedure in the Sheriff Court
  
  

  This power is defined in Section 32 of the Sheriff Courts (Scotland) Act 1971.
  
  The Court of Session, by Act of Sederunt, regulates and prescribes the procedure and practice to be followed in any civil proceedings in the Sheriff Court.
  
  Before making an Act of Sederunt, the Court of Session consults the Council and takes into consideration their views, unless the Act of Sederunt embodies draft rules submitted to the Court of Session by the Council.