Regulation of modes of attendance in court proceedings in the Court of Session and certain cases in the sheriff court in Scotland

New statutory instruments expire temporary provisions relating to remote attendance and provide for those changes to be incorporated into court rules

New legislation has been issued in Scotland in relation to the regulation of modes of attendance in court proceedings in the Court of Session and certain cases in the sheriff court.

In force from 23 July 2023, the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (Early Expiry of Provisions) Regulations 2023 (SSI.No.172/2023) include provision to partially expire paragraphs 6, 8 and 9 of the schedule to the Coronavirus (Recovery and Reform) (Scotland) Act 2022 (the 2022 Act) – that made provision for temporary justice measures (that came into force from 1 October 2022) including suspension of the requirement for physical attendance in non-criminal proceedings, and related measures concerning attendance by electronic means.

NB – in addition to these justice measures, the 2022 Act also provided for a number of key changes to bankruptcy rules in Scotland to make similar provision to temporary changes introduced at the start of the Covid-19 pandemic, and in relation to housing to make temporary changes introduced in Scotland at the start of the Covid-19 pandemic permanent.

The policy note published alongside the new regulations explains that –

'As set out in the Policy Memorandum for the Coronavirus (Recovery and Reform) (Scotland) Bill it is expected that the temporary justice provisions relating to civil justice will, if considered to be of benefit to the courts and court users, be made permanent, through court rules.

… The Court of Session is making an Act of Sederunt to insert new Chapters into the Rules of the Court of Session 1994 and the Ordinary Cause Rules 1993 to regulate the modes of attendance in court proceedings in the Court of Session and those subject to the Ordinary Cause Rules 1993 in the sheriff court.'

The Act of Sederunt referred to in the policy note has also been laid today. Coming into force on 3 July 2023, the Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Attendance at Hearings) 2023 (SSI.No.168/2023) amends rules relating to modes of attendance setting out the circumstances where attendance by electronic means is appropriate and the powers of the court, or sheriff, to order attendance by other means (including hybrid attendance) in order to provide flexibility for the court or sheriff and those participating in hearings.

SSI.No.172/2023 and SSI.No.168/2023 are available from legislation.gov.uk