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History and purpose

The Sheriff Court Rules Council (the Council) was established in its current form by Section 33 of the Sheriff Courts (Scotland) Act 1971.

Appointment of Members

Members of the Council are appointed by the Lord President.

Membership comprises 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 Minister for Justice before appointing lay members.

The membership is completed by one person appointed by the Minister for Justice, who appears to the Minister for Justice to be qualified for such appointment. This position is currently held by the Head of the Civil Justice Division & International Division, Scottish Government Justice Department Civil and International Group.

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 Minister 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.

Appointment of Secretary The Secretary to the Council is appointed by the Minister 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.

Functions of Council

These functions are defined in Section 34 of the Sheriff Court (Scotland) Act 1971.

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 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.