Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act 2006 etc.) 2006

© Crown Copyright 2006

Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act 2006 etc.) 2006, ISBN 0110710983. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

" CHAPTER 44
EQUALITY ENACTMENTS
Application and interpretation
     44.1. —(1) This Chapter applies to claims under the equality enactments.

    (2) In this Chapter, "claims under the equality enactments" means proceedings in reparation for breach of statutory duty under any of the following enactments:–


(a) Sex Discrimination Act 1975;

(b) Race Relations Act 1976;

(c) Disability Discrimination Act 1995;

(d) Equality Act 2006.



Relevant Commission
     44.2. —(1) The pursuer shall send a copy of the initial writ to the relevant Commission by registered or recorded delivery post.

    (2) The relevant Commission is–



(a) for proceedings under the Sex Discrimination Act 1975, the Equal Opportunities Commission;

(b) for proceedings under the Race Relations Act 1976, the Commission for Racial Equality;

(c) for proceedings under the Disability Discrimination Act 1995, the Disability Rights Commission;

(d) for proceedings under the Equality Act 2006, the Commission for Equality and Human Rights.



Assessor
     44.3. —(1) The sheriff may, of his own motion or on the motion of any party, appoint an assessor.

    (2) The assessor shall be a person who the sheriff considers has special qualifications to be of assistance in determining the cause.

Taxation of Commission expenses
     44.4. —(1) The expenses incurred by the Commission within the meaning and for the purposes of the sections referred to in paragraph (2) shall be taxed by the auditor of the sheriff court in which such proceedings under the relevant Act were taken or would have been taken but for any compromise or settlement, as if they were outlays incurred by a solicitor on behalf of a client.

    (2) The sections are as follows:–



(a) section 75(3) (assistance by Commission) of the Sex Discrimination Act 1975;

(b) section 66(5) (assistance by Commission) of the Race Relations Act 1976.



National security
     44.5. —(1) Where, on a motion under paragraph (3) or of his own motion, the sheriff considers it expedient in the interests of national security, he may–



(a) exclude from all or part of the proceedings–


(i) the pursuer;

(ii) the pursuer's representatives;

(iii) any assessors;



(b) permit a pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings or the part of the proceedings, from which he is excluded;

(c) take steps to keep secret all or part of the reasons for his decision in the proceedings.



    (2) The sheriff clerk shall, on the making of an order under paragraph (1) excluding the pursuer or his representatives, notify the Advocate General for Scotland of that order.

    (3) A party may apply by motion for an order under paragraph (1).

    (4) The steps referred to in paragraph (1)(c) may include the following:–



(a) directions to the sheriff clerk; and

(b) orders requiring any person appointed to represent the interests of the pursuer in proceedings from which the pursuer or his representatives are excluded not to communicate (directly or indirectly) with any persons (including the excluded pursuer)–


(i) on any matter discussed or referred to;

(ii) with regard to any material disclosed,



during or with reference to any part of the proceedings from which the pursuer or his representatives are excluded.



    (5) Where the sheriff has made an order under paragraph (4)(b), the person appointed to represent the interests of the pursuer may apply by motion for authority to seek instructions from or otherwise communicate with an excluded person.".

Amendment of the Summary Application Rules
     3. —(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999[9] shall be amended in accordance with the following sub-paragraphs.

    (2) Part XIII (Sex Discrimination Act 1975) and Part XV (Race Relations Act 1976) shall be omitted.

    (3) After Part XXXII (Animal Health and Welfare) there shall be inserted the following:–

" PART XXXIII
EQUALITY ENACTMENTS
Application and interpretation
     3.33.1. —(1) Subject to paragraph (3), this Part applies to applications under the equality enactments.

    (2) In this Chapter, "the equality enactments" means any of the following enactments:–


(a) Sex Discrimination Act 1975;

(b) Race Relations Act 1976;

(c) Disability Discrimination Act 1995;

(d) Equality Act 2006.



    (3) This rule does not affect any provision of the equality enactments which provides for a claim to be the subject of proceedings in like manner as any claim in reparation for breach of statutory duty.

Relevant Commission
     3.33.2. —(1) The applicant shall, except where the applicant is the relevant Commission, send a copy of the initial writ to the relevant Commission by registered or recorded delivery post.

    (2) The relevant Commission is–



(a) for proceedings under the Sex Discrimination Act 1975, the Equal Opportunities Commission;

(b) for proceedings under the Race Relations Act 1976, the Commission for Racial Equality;

(c) for proceedings under the Disability Discrimination Act 1995, the Disability Rights Commission;

(d) for proceedings under the Equality Act 2006, the Commission for Equality and Human Rights.



Assessor
     3.33.3. —(1) The sheriff may, of his own motion or on the motion of any party, appoint an assessor.

    (2) The assessor shall be a person who the sheriff considers has special qualifications to be of assistance in determining the cause.

Taxation of Commission expenses
     3.33.4. —(1) The expenses incurred by the Commission within the meaning and for the purposes of the sections referred to in paragraph (2) shall be taxed by the auditor of the sheriff court in which such proceedings under the relevant Act were taken or would have been taken but for any compromise or settlement, as if they were outlays incurred by a solicitor on behalf of a client.

    (2) The sections are as follows:–



(a) section 75(3) (assistance by Commission) of the Sex Discrimination Act 1975;

(b) section 66(5) (assistance by Commission) of the Race Relations Act 1976.



National security
     3.33.5. —(1) This rule applies to–



(a) proceedings in respect of alleged discrimination contrary to the Disability Discrimination Act 1995 (including anything treated by virtue of that Act as amounting to discrimination contrary to that Act); and

(b) proceedings brought under the Race Relations Act 1976.



    (2) Where, on a motion under paragraph (4) or of his own motion, the sheriff considers it expedient in the interests of national security, he may–



(a) exclude from all or part of the proceedings–


(i) the pursuer;

(ii) the pursuer's representatives;

(iii) any assessors;



(b) permit a pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings or the part of the proceedings, from which he is excluded;

(c) take steps to keep secret all or part of the reasons for his decision in the proceedings.



    (3) The sheriff clerk shall, on the making of an order under paragraph (2) excluding the pursuer or his representatives, notify the Advocate General for Scotland of that order.

    (4) A party may apply by motion for an order under paragraph (2).

    (5) The steps referred to in paragraph (2)(c) may include the following:–



(a) directions to the sheriff clerk; and

(b) orders requiring any person appointed to represent the interests of the pursuer in proceedings from which the pursuer or his representatives are excluded not to communicate (directly or indirectly) with any persons (including the excluded pursuer)–


(i) on any matter discussed or referred to;

(ii) with regard to any material disclosed,



during or with reference to any part of the proceedings from which the pursuer or his representatives are excluded.



    (6) Where the sheriff has made an order under paragraph (5)(b), the person appointed to represent the interests of the pursuer may apply by motion for authority to seek instructions from or otherwise communicate with an excluded person.".

Amendment of the Summary Cause Rules
     4. —(1) The Summary Cause Rules in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 2002[10] shall be amended in accordance with the following sub-paragraphs.

    (2) After Chapter 35 (electronic transmission of documents) there shall be inserted the following:–

" CHAPTER 36
EQUALITY ENACTMENTS
Application and interpretation
     36.1. —(1) This Chapter applies to claims under the equality enactments.

    (2) In this Chapter, "claims under the equality enactments" means proceedings in reparation for breach of statutory duty under any of the following enactments:–


(a) Sex Discrimination Act 1975;

(b) Race Relations Act 1976;

(c) Disability Discrimination Act 1995;

(d) Equality Act 2006.



Relevant Commission
     36.2. —(1) The pursuer shall send a copy of the summons to the relevant Commission by registered or recorded delivery post.

    (2) The relevant Commission is–



(a) for proceedings under the Sex Discrimination Act 1975, the Equal Opportunities Commission;

(b) for proceedings under the Race Relations Act 1976, the Commission for Racial Equality;

(c) for proceedings under the Disability Discrimination Act 1995, the Disability Rights Commission;

(d) for proceedings under the Equality Act 2006, the Commission for Equality and Human Rights.



Assessor
     36.3. —(1) The sheriff may, of his own motion or on the incidental application of any party, appoint an assessor.

    (2) The assessor shall be a person who the sheriff considers has special qualifications to be of assistance in determining the cause.

Taxation of Commission expenses
     36.4. —(1) The expenses incurred by the Commission within the meaning and for the purposes of the sections referred to in paragraph (2) shall be assessed by the sheriff clerk or taxed by the auditor, as the case may be, of the sheriff court in which such proceedings under the relevant Act were taken or would have been taken but for any compromise or settlement, as if they were outlays incurred by a solicitor on behalf of a client.

    (2) The sections are as follows:–



(a) section 75(3) (assistance by Commission) of the Sex Discrimination Act 1975;

(b) section 66(5) (assistance by Commission) of the Race Relations Act 1976.



National security
     36.5. —(1) Where, on an incidental application under paragraph (3) or of his own motion, the sheriff considers it expedient in the interests of national security, he may–



(a) exclude from all or part of the proceedings–


(i) the pursuer;

(ii) the pursuer's representatives;

(iii) any assessors;



(b) permit a pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings or the part of the proceedings, from which he is excluded;

(c) take steps to keep secret all or part of the reasons for his decision in the proceedings.



    (2) The sheriff clerk shall, on the making of an order under paragraph (1) excluding the pursuer or his representatives, notify the Advocate General for Scotland of that order.

    (3) A party may make an incidental application for an order under paragraph (1).

    (4) The steps referred to in paragraph (1)(c) may include the following:–



(a) directions to the sheriff clerk; and

(b) orders requiring any person appointed to represent the interests of the pursuer in proceedings from which the pursuer or his representatives are excluded not to communicate (directly or indirectly) with any persons (including the excluded pursuer)–


(i) on any matter discussed or referred to;

(ii) with regard to any material disclosed,



during or with reference to any part of the proceedings from which the pursuer or his representatives are excluded.



    (5) Where the sheriff has made an order under paragraph (4)(b), the person appointed to represent the interests of the pursuer may make an incidental application for authority to seek instructions from or otherwise communicate with an excluded person.

    (6) The sheriff may, on the application of a party intending to lodge an incidental application in written form, reduce the period of two days specified in rule 9.1(2) or dispense with notice.

    (7) An application under paragraph (6) shall be made in the written incidental application, giving reasons for such reduction or dispensation.".

Amendment of the Small Claim Rules
     5. —(1) The Small Claim Rules in Schedule 1 to the Act of Sederunt (Small Claim Rules) 2002[11] shall be amended in accordance with the following sub-paragraphs.

    (2) After Chapter 25 (electronic transmission of documents) there shall be inserted the following:–

" CHAPTER 26
EQUALITY ENACTMENTS
Application and interpretation
     26.1. —(1) This Chapter applies to claims under the equality enactments.

    (2) In this Chapter, "claims under the equality enactments" means proceedings in reparation for breach of statutory duty under any of the following enactments:–


(a) Sex Discrimination Act 1975;

(b) Race Relations Act 1976;

(c) Disability Discrimination Act 1995;

(d) Equality Act 2006.



Commission
     26.2. —(1) The pursuer shall send a copy of the summons to the relevant Commission by registered or recorded delivery post.

    (2) The relevant Commission is–



(a) for proceedings under the Sex Discrimination Act 1975, the Equal Opportunities Commission;

(b) for proceedings under the Race Relations Act 1976, the Commission for Racial Equality;

(c) for proceedings under the Disability Discrimination Act 1995, the Disability Rights Commission;

(d) for proceedings under the Equality Act 2006, the Commission for Equality and Human Rights.



Assessor
     26.3. —(1) The sheriff may, of his own motion or on the incidental application of any party, appoint an assessor.

    (2) The assessor shall be a person who the sheriff considers has special qualifications to be of assistance in determining the cause.

Taxation of Commission expenses
     26.4. —(1) The expenses incurred by the Commission within the meaning and for the purposes of the sections referred to in paragraph (2) shall be assessed by the sheriff clerk of the sheriff court in which such proceedings under the relevant Act were taken or would have been taken but for any compromise or settlement, as if they were outlays incurred by a solicitor on behalf of a client.

    (2) The sections are as follows:–



(a) section 75(3) (assistance by Commission) of the Sex Discrimination Act 1975;

(b) section 66(5) (assistance by Commission) of the Race Relations Act 1976.



National security
     26.5. —(1) Where, on an incidental application under paragraph (3) or of his own motion, the sheriff considers it expedient in the interests of national security, he may–



(a) exclude from all or part of the proceedings–


(i) the pursuer;

(ii) the pursuer's representatives;

(iii) any assessors;



(b) permit a pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings or the part of the proceedings, from which he is excluded;

(c) take steps to keep secret all or part of the reasons for his decision in the proceedings.



    (2) The sheriff clerk shall, on the making of an order under paragraph (1) excluding the pursuer or his representatives, notify the Advocate General for Scotland of that order.

    (3) A party may make an incidental application for an order under paragraph (1).

    (4) The steps referred to in paragraph (1)(c) may include the following:–



(a) directions to the sheriff clerk; and

(b) orders requiring any person appointed to represent the interests of the pursuer in proceedings from which the pursuer or his representatives are excluded not to communicate (directly or indirectly) with any persons (including the excluded pursuer)–


(i) on any matter discussed or referred to;

(ii) with regard to any material disclosed,



during or with reference to any part of the proceedings from which the pursuer or his representatives are excluded.



    (5) Where the sheriff has made an order under paragraph (4)(b), the person appointed to represent the interests of the pursuer may make an incidental application for authority to seek instructions from or otherwise communicate with an excluded person.

    (6) The sheriff may, on the application of a party intending to lodge an incidental application in written form, reduce the period of two days specified in rule 10.1(2) or dispense with notice.

    (7) An application under paragraph (6) shall be made in the written incidental application, giving reasons for such reduction or dispensation.".

A C HAMILTON
Lord President, I.P.D.

Edinburgh
13th October 2006

[2] 1975 c.65; section 66B was inserted by the Equality Act 2006 (c.3), section 87.back

[3] 1976 c.74; section 67A was inserted by the Race Relations (Amendment) Act 2000 (c.34), section 8 and amended by the Equality Act 2006, section 90.back

[4] 1995 c.50; section 59A was inserted by the Equality Act 2006 (c.3), section 89.back

[5] 2006 c.3.back

[6] 1907 c.51. Schedule 1 was substituted by S.I. 1993/1956 and amended by S.I. 1996/2167 and 2445, S.S.I. 2000/239 and 408, 2001/8 and 144, 2002/7, 128 and 566, 2003/25 and 26, 2004/197 and 350, 2005/20, 189, 638 and 648 and 2006/207, 293 and 410.back

[7] Part V of Chapter 36 was amended by S.I. 1996/2445.back

[8] Chapter 43 was inserted by S.S.I. 2006/293.back

[9] S.I. 1999/929, amended by S.S.I. 2000/18 and 387, 2001/142, 2002/7, 129, 130, 146 and 583, 2003/26, 27, 98, 261, 319, 346 and 556, 2004/197, 222, 334 and 455; 2005/61, 473, 504 and 648 and 2006/410 and 437.back

[10] S.S.I. 2002/132; amended by S.S.I. 2002/516, 2003/26, 2004/197 and 2005/648.back

[11] S.S.I. 2002/133, amended by S.S.I. 2003/26, S.S.I. 2004/197 and S.S.I. 2005/648.back