Citation, commencement and interpretation

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2008 and shall come into force on 1st July 2008.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

(3) In this Act of Sederunt–

“the Ordinary Cause Rules” means the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907(5);

“the Summary Application Rules” means the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules) 1999(6);

“the Summary Cause Rules” means the Act of Sederunt (Summary Cause Rules) 2002(7)

“the Small Claim Rules” means the Act of Sederunt (Small Claim Rules) 2002(8);

“the Judicial Factor Rules” means the Act of Sederunt (Judicial Factors Rules) 1992(9);

“the Company Insolvency Rules” means the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986(10).

Late appearance in family actions and civil partnership actions

2.—(1) The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

(2) After rule 33.33 insert–

“Late appearance and application for recall by defenders

33.33A.—(1) In a cause mentioned in rule 33.1(a) to (h), (n) or (o), the sheriff may, at any stage of the action before the granting of final decree, make an order with such conditions, if any, as he thinks fit–

(a) directing that a defender who has not lodged a notice of intention to defend be treated as if he had lodged such a notice and the period of notice had expired on the date on which the order was made; or

(b) allowing a defender who has not lodged a notice of intention to defend to appear and be heard at a diet of proof although he has not lodged defences, but he shall not, in that event, be allowed to lead evidence without the pursuer’s consent.

(2) Where the sheriff makes an order under paragraph (1), the pursuer may recall a witness already examined or lead other evidence whether or not he closed his proof before that order was made.

(3) Where no order under paragraph (1) has been sought by a defender who has not lodged a notice of intention to defend and decree is granted against him, the sheriff may, on an application made within 14 days of the date of the decree, and with such conditions, if any, as he thinks fit, make an order recalling the decree.

(4) Where the sheriff makes an order under paragraph (3), the cause shall thereafter proceed as if the defender had lodged a notice of intention to defend and the period of notice had expired on the date on which the decree was recalled.

(5) An application under paragraph (1) or (3) shall be made by note setting out the proposed defence and explaining the defender’s failure to appear.

(6) An application under paragraph (1) or (3) shall not affect any right of appeal the defender may otherwise have.

(7) A note lodged in an application under paragraph (1) or (3) shall be served on the pursuer and any other party.”.

(3) After rule 33A.33(11) insert–

“Late appearance and application for recall by defenders

33A.33A.—(1) In a cause mentioned in rule 33A.1(a), (b) or (f), the sheriff may, at any stage of the action before the granting of final decree, make an order with such conditions, if any, as he thinks fit–

(a) directing that a defender who has not lodged a notice of intention to defend be treated as if he had lodged such a notice and the period of notice had expired on the date on which the order was made; or

(b) allowing a defender who has not lodged a notice of intention to defend to appear and be heard at a diet of proof although he has not lodged defences, but he shall not, in that event, be allowed to lead evidence without the pursuer’s consent.

(2) Where the sheriff makes an order under paragraph (1), the pursuer may recall a witness already examined or lead other evidence whether or not he closed his proof before that order was made.

(3) Where no order under paragraph (1) has been sought by a defender who has not lodged a notice of intention to defend and decree is granted against him, the sheriff may, on an application made within 14 days of the date of the decree, and with such conditions, if any, as he thinks fit, make an order recalling the decree.

(4) Where the sheriff makes an order under paragraph (3), the cause shall thereafter proceed as if the defender had lodged a notice of intention to defend and the period of notice had expired on the date on which the decree was recalled.

(5) An application under paragraph (1) or (3) shall be made by note setting out the proposed defence and explaining the defender’s failure to appear.

(6) An application under paragraph (1) or (3) shall not affect any right of appeal the defender may otherwise have.

(7) A note lodged in an application under paragraph (1) or (3) shall be served on the pursuer and any other party.”.

Pension Protection Fund notification in family actions and civil partnership actions

3.—(1) The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

(2) After rule 33.51 insert–

“Pension Protection Fund notification

33.51A.—(1) In this rule–

“assessment period” shall be construed in accordance with section 132 of the Pensions Act 2004(12);

“pension arrangement” shall be construed in accordance with the definition in section 27 of the Act of 1985; and

“valuation summary” shall be construed in accordance with the definition in Schedule 2 to the Pension Protection Fund (Provision of Information) Regulations 2005(13).

(2) This rule applies where a party at any stage in the proceedings applies for an order under section 8 or section 16 of the Act of 1985.

(3) Where the party against whom an order referred to in paragraph (2) is sought has received notification in compliance with the Pension Protection Fund (Provision of Information) Regulations 2005 or does so after the order is sought–

(a) that there is an assessment period in relation to his pension arrangement; or

(b) that the Board of the Pension Protection Fund has assumed responsibility for all or part of his pension arrangement,

he shall comply with paragraph (4).

(4) The party shall–

(a) lodge the notification; and

(b) obtain and lodge as soon as reasonably practicable thereafter–

(i) a valuation summary; and

(ii) a forecast of his compensation entitlement.

(5) Subject to paragraph (6), the notification referred to in paragraph (4)(a) requires to be lodged–

(a) where the notification is received before the order is sought, within 7 days of the order being sought;

(b) where the notification is received after the order is sought, within 7 days of receiving the notification.

(6) Where an order is sought against the defender before the defences are lodged, and the notification is received before that step occurs, the notification shall be lodged with the defences.

(7) At the same time as lodging documents under paragraph (4), copies shall be sent to the other party to the proceedings.”.

(3) After rule 33A.48(14) insert–

“Pension Protection Fund notification

33A.48A.—(1) In this rule–

“assessment period” shall be construed in accordance with section 132 of the Pensions Act 2004;

“pension arrangement” shall be construed in accordance with the definition in section 27 of the Act of 1985; and

“valuation summary” shall be construed in accordance with the definition in Schedule 2 to the Pension Protection Fund (Provision of Information) Regulations 2005.

(2) This rule applies where a party at any stage in the proceedings applies for an order under section 8 or section 16 of the Act of 1985.

(3) Where the party against whom an order referred to in paragraph (2) is sought has received notification in compliance with the Pension Protection Fund (Provision of Information) Regulations 2005 or does so after the order is sought–

(a) that there is an assessment period in relation to his pension arrangement; or

(b) that the Board of the Pension Protection Fund has assumed responsibility for all or part of his pension arrangement,

he shall comply with paragraph (4).

(4) The party shall–

(a) lodge the notification; and

(b) obtain and lodge as soon as reasonably practicable thereafter–

(i) a valuation summary; and

(ii) a forecast of his compensation entitlement.

(5) Subject to paragraph (6), the notification referred to in paragraph (4)(a) requires to be lodged–

(a) where the notification is received before the order is sought, within 7 days of the order being sought;

(b) where the notification is received after the order is sought, within 7 days of receiving the notification.

(6) Where an order is sought against the defender before the defences are lodged, and the notification is received before that step occurs, the notification shall be lodged with the defences.

(7) At the same time as lodging documents under paragraph (4), copies shall be sent to the other party to the proceedings.”.

Interventions in proceedings

4.—(1) The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

(2) After Chapter 13 insert–

“CHAPTER 13A INTERVENTIONS BY THE COMMISSION FOR EQUALITY AND HUMAN RIGHTS

Interpretation

13A.1.  In this Chapter “the CEHR” means the Commission for Equality and Human Rights.

Interventions by the CEHR

13A.2.—(1) The CEHR may apply to the sheriff for leave to intervene in any cause in accordance with this Chapter.

(2) This Chapter is without prejudice to any other entitlement of the CEHR by virtue of having title and interest in relation to the subject matter of any proceedings by virtue of section 30(2) of the Equality Act 2006(15) or any other enactment to seek to be sisted as a party in those proceedings.

(3) Nothing in this Chapter shall affect the power of the sheriff to make such other direction as he considers appropriate in the interests of justice.

(4) Any decision of the sheriff in proceedings under this Chapter shall be final and not subject to appeal.

Applications to intervene

13A.3.—(1) An application for leave to intervene shall be by way of minute of intervention in Form O7A and the CEHR shall–

(a) send a copy of it to all the parties; and

(b) lodge it in process, certifying that subparagraph (a) has been complied with.

(2) A minute of intervention shall set out briefly–

(a) the CEHR’s reasons for believing that the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b) the issue in the proceedings which the CEHR wishes to address; and

(c) the propositions to be advanced by the CEHR and the CEHR’s reasons for believing that they are relevant to the proceedings and that they will assist the sheriff.

(3) The sheriff may–

(a) refuse leave without a hearing;

(b) grant leave without a hearing unless a hearing is requested under paragraph (4);

(c) refuse or grant leave after such a hearing.

(4) A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (6)(c), may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.

(5) Any diet in pursuance of paragraph (4) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

(6) The sheriff may grant leave only if satisfied that–

(a) the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b) the propositions to be advanced by the CEHR are relevant to the proceedings and are likely to assist him; and

(c) the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.

(7) In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(8) The sheriff clerk shall give written intimation of a grant or refusal of leave to the CEHR and all the parties.

Form of intervention

13A.4.—(1) An intervention shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

(2) The CEHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

(3) The sheriff may in exceptional circumstances–

(a) allow a longer written submission to be made;

(b) direct that an oral submission is to be made.

(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

CHAPTER 13B INTERVENTIONS BY THE SCOTTISH COMMISSION FOR HUMAN RIGHTS

Interpretation

13B.1.  In this Chapter–

“the Act of 2006” means the Scottish Commission for Human Rights Act 2006; and

“the SCHR” means the Scottish Commission for Human Rights.

Application to intervene

13B.2.—(1) An application for leave to intervene under section 14(2)(a) of the Act of 2006 shall be by way of minute of intervention in Form O7B and the SCHR shall–

(a) send a copy of it to all the parties; and

(b) lodge it in process, certifying that subparagraph (a) has been complied with.

(2) In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(3) The sheriff clerk shall give written intimation of a grant or refusal of leave to the SCHR and all the parties.

(4) Any decision of the sheriff in proceedings under this Chapter shall be final and not subject to appeal.

Invitation to intervene

13B.3.—(1) An invitation to intervene under section 14(2)(b) of the Act of 2006 shall be in Form O7C and the sheriff clerk shall send a copy of it to the SCHR and all the parties.

(2) An invitation under paragraph (1) shall be accompanied by–

(a) a copy of the pleadings in the proceedings; and

(b) such other documents relating to those proceedings as the sheriff thinks relevant.

(3) In issuing an invitation under section 14(2)(b) of the Act of 2006, the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

Form of intervention

13B.4.—(1) An intervention shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

(2) The SCHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

(3) The sheriff may in exceptional circumstances–

(a) allow a longer written submission to be made;

(b) direct that an oral submission is to be made.

(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the SCHR and all the parties.”.

(3) In Chapter 44(16)–

(a) after rule 44.1(2) there is inserted–

“(3) In this Chapter “the Commission” means the Commission for Equality and Human Rights.”.

(b) for rule 44.2 (relevant Commission) there is substituted–

“Intimation to Commission

44.2.  The pursuer shall send a copy of the initial writ to the Commission by registered or recorded delivery post.”.

(c) rule 44.4 (taxation of Commission expenses) is omitted.

(4) In Appendix 1, after Form O7 insert the forms set out in Schedule 1 to this Act of Sederunt.

5.—(1) The Summary Application Rules are amended in accordance with the following subparagraphs.

(2) In Part II of Chapter 2 at the end insert–

“Interventions by the CEHR

2.37.—(1) In this rule and in rule 2.38, “the CEHR” means the Commission for Equality and Human Rights.

(2) The CEHR may apply to the sheriff for leave to intervene in any summary application in accordance with this Rule.

(3) An application for leave to intervene shall be by way of minute of intervention in Form 11AA and the CEHR shall–

(a) send a copy of it to all the parties; and

(b) lodge it in process, certifying that sub-paragraph (a) has been complied with.

(4) A minute of intervention shall set out briefly–

(a) the CEHR’s reasons for believing that the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b) the issue in the proceedings which the CEHR wishes to address; and

(c) the propositions to be advanced by the CEHR and the CEHR’s reasons for believing that they are relevant to the proceedings and that they will assist the sheriff.

(5) The sheriff may–

(a) refuse leave without a hearing;

(b) grant leave without a hearing unless a hearing is requested under paragraph (6);

(c) refuse or grant leave after such a hearing.

(6) A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (8)(c) may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.

(7) Any diet in pursuance of paragraph (6) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

(8) The sheriff may grant leave only if satisfied that–

(a) the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b) the propositions to be advanced by the CEHR are relevant to the proceedings and are likely to assist him; and

(c) the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.

(9) In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(10) The sheriff clerk shall give written intimation of a grant or refusal of leave to the CEHR and all the parties.

(11) This rule is without prejudice to any other entitlement of the CEHR by virtue of having title and interest in relation to the subject matter of any proceedings by virtue of section 30(2) of the Equality Act 2006 or any other enactment to seek to be sisted as a party in those proceedings.

(12) Nothing in this rule shall affect the power of the sheriff to make such other direction as he considers appropriate in the interests of justice.

(13) Any decision of the sheriff in proceedings under this rule and rule 2.38 shall be final and not subject to appeal.

Form of intervention

2.38.—(1) An intervention by the CEHR shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

(2) The CEHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

(3) The sheriff may in exceptional circumstances–

(a) allow a longer written submission to be made;

(b) direct that an oral submission is to be made.

(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

Interventions by the SCHR

2.39.—(1) In this rule and in rules 2.40 and 2.41–

“the Act of 2006” means the Scottish Commission for Human Rights Act 2006;

“the SCHR” means the Scottish Commission for Human Rights.

(2) An application for leave to intervene shall be by way of minute of intervention in Form 11AB and the SCHR shall–

(a) send a copy of it to all the parties; and

(b) lodge it in process, certifying that subparagraph (a) has been complied with.

(3) In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(4) The sheriff clerk shall give written intimation of a grant or refusal of leave to the SCHR and all the parties.

(5) Any decision of the sheriff in proceedings under this rule and rules 2.40 and 2.41 shall be final and not subject to appeal.

Invitations to intervene

2.40.—(1) An invitation to intervene under section 14(2)(b) of the Act of 2006 shall be in Form 11AC and the sheriff clerk shall send a copy of it to the SCHR and all the parties.

(2) An invitation under paragraph (1) shall be accompanied by–

(a) a copy of the pleadings in the proceedings; and

(b) such other documents relating to those proceedings as the sheriff thinks relevant.

(3) In issuing an invitation under section 14(2)(b) of the Act of 2006, the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

Form of intervention

2.41.—(1) An intervention by the SCHR shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

(2) The SCHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

(3) The sheriff may in exceptional circumstances–

(a) allow a longer written submission to be made;

(b) direct that an oral submission is to be made.

(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the SCHR and all the parties.”.

(3) In Part XXXIII (equality enactments)(17)–

(a) after rule 3.33.1(3) (application and interpretation) insert–

“(4) In this Part “the Commission” means the Commission for Equality and Human Rights.”.

(b) for rule 3.33.2 (relevant Commission) substitute–

“Intimation to Commission

3.33.2.  The applicant shall, except where the applicant is the Commission, send a copy of the initial writ to the Commission by registered or recorded delivery post.”;

(c) rule 3.33.4 (taxation of Commission expenses) is omitted.

(4) In the Schedule, after Form 11 insert the forms set out in Schedule 2 to this Act of Sederunt.

6.—(1) The Summary Cause Rules are amended in accordance with the following subparagraphs.

(2) After Chapter 14 insert–

“CHAPTER 13B INTERVENTIONS BY THE SCOTTISH COMMISSION FOR HUMAN RIGHTS

Interpretation

14A.1.  In this Chapter “the CEHR” means the Commission for Equality and Human Rights.

Interventions by the CEHR

14A.2.—(1) The CEHR may apply to the sheriff for leave to intervene in any summary cause action in accordance with this Chapter.

(2) This Chapter is without prejudice to any other entitlement of the CEHR by virtue of having title and interest in relation to the subject matter of any proceedings by virtue of section 30(2) of the Equality Act 2006 or any other enactment to seek to be sisted as a party in those proceedings.

(3) Nothing in this Chapter shall affect the power of the sheriff to make such other direction as he considers appropriate in the interests of justice.

(4) Any decision of the sheriff in proceedings under this Chapter shall be final and not subject to appeal.

Applications to intervene

14A.3.—(1) An application for leave to intervene shall be by way of minute of intervention in Form 23A and the CEHR shall–

(a) send a copy of it to all the parties; and

(b) lodge it in process, certifying that subparagraph (a) has been complied with.

(2) A minute of intervention shall set out briefly–

(a) the CEHR’s reasons for believing that the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b) the issue in the proceedings which the CEHR wishes to address; and

(c) the propositions to be advanced by the CEHR and the CEHR’s reasons for believing that they are relevant to the proceedings and that they will assist the sheriff.

(3) The sheriff may–

(a) refuse leave without a hearing;

(b) grant leave without a hearing unless a hearing is requested under paragraph (4);

(c) refuse or grant leave after such a hearing.

(4) A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (6)(c) may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.

(5) Any diet in pursuance of paragraph (4) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

(6) The sheriff may grant leave only if satisfied that–

(a) the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b) the propositions to be advanced by the CEHR are relevant to the proceedings and are likely to assist him; and

(c) the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.

(7) In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(8) The sheriff clerk shall give written intimation of a grant or refusal of leave to the CEHR and all the parties.

Form of intervention

14A.4.—(1) An intervention shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

(2) The CEHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

(3) The sheriff may in exceptional circumstances–

(a) allow a longer written submission to be made;

(b) direct that an oral submission is to be made.

(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

CHAPTER 14B INTERVENTIONS BY THE SCOTTISH COMMISSION FOR HUMAN RIGHTS

Interpretation

14B.1.  In this Chapter–

“the Act of 2006” means the Scottish Commission for Human Rights Act 2006; and

“the SCHR” means the Scottish Commission for Human Rights.

Applications to intervene

14B.2.—(1) An application for leave to intervene shall be by way of minute of intervention in Form 23B and the SCHR shall–

(a) send a copy of it to all the parties; and

(b) lodge it in process, certifying that subparagraph (a) has been complied with.

(2) In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(3) The sheriff clerk shall give written intimation of a grant or refusal of leave to the SCHR and all the parties.

(4) Any decision of the sheriff in proceedings under this Chapter shall be final and not subject to appeal.

Invitations to intervene

14B.3.—(1) An invitation to intervene under section 14(2)(b) of the Act of 2006 shall be in Form 23C and the sheriff clerk shall send a copy of it to the SCHR and all the parties.

(2) An invitation under paragraph (1) shall be accompanied by–

(a) a copy of the pleadings in the proceedings; and

(b) such other documents relating to those proceedings as the sheriff thinks relevant.

(3) In issuing an invitation under section 14(2)(b) of the Act of 2006, the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

Form of intervention

14B.4.—(1) An intervention shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

(2) The SCHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

(3) The sheriff may in exceptional circumstances–

(a) allow a longer written submission to be made;

(b) direct that an oral submission is to be made.

(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the SCHR and all the parties.”.

(3) In Chapter 36 (equality enactments)(18)–

(a) after rule 36.1(2) insert–

“(3) In this Chapter “the Commission” means the Commission for Equality and Human Rights.”;

(b) for rule 36.2 (relevant Commission) substitute–

“Intimation to Commission

36.2.  The pursuer shall send a copy of the summons to the Commission by registered or recorded delivery post.”;

(c) rule 36.4 (taxation of Commission expenses) is omitted.

(4) In Appendix 1 after Form 23 insert the forms set out in Schedule 3 to this Act of Sederunt.

7.—(1) The Small Claim Rules are amended in accordance with the following subparagraphs.

(2) After Chapter 13 insert–

“CHAPTER 13A INTERVENTIONS BY THE COMMISSION FOR EQUALITY AND HUMAN RIGHTS

Interpretation

13A.1.  In this Chapter “the CEHR” means the Commission for Equality and Human Rights.

Interventions by the CEHR

13A.2.—(1) The CEHR may apply to the sheriff for leave to intervene in any small claim in accordance with this Chapter.

(2) This Chapter is without prejudice to any other entitlement of the CEHR by virtue of having title and interest in relation to the subject matter of any proceedings by virtue of section 30(2) of the Equality Act 2006 or any other enactment to seek to be sisted as a party in those proceedings.

(3) Nothing in this Chapter shall affect the power of the sheriff to make such other direction as he considers appropriate in the interests of justice.

(4) Any decision of the sheriff in proceedings under this Chapter shall be final and not subject to appeal.

Applications to intervene

13A.3.—(1) An application for leave to intervene shall be by way of minute of intervention in Form 14A and the CEHR shall–

(a) send a copy of it to all the parties; and

(b) lodge it in process, certifying that subparagraph (a) has been complied with.

(2) A minute of intervention shall set out briefly–

(a) the CEHR’s reasons for believing that the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b) the issue in the proceedings which the CEHR wishes to address; and

(c) the propositions to be advanced by the CEHR and the CEHR’s reasons for believing that they are relevant to the proceedings and that they will assist the sheriff.

(3) The sheriff may–

(a) refuse leave without a hearing;

(b) grant leave without a hearing unless a hearing is requested under paragraph (4);

(c) refuse or grant leave after such a hearing.

(4) A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (6)(c) may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.

(5) Any diet in pursuance of paragraph (4) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

(6) The sheriff may grant leave only if satisfied that–

(a) the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b) the propositions to be advanced by the CEHR are relevant to the proceedings and are likely to assist him; and

(c) the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.

(7) In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including, subject to section 36B of the Sheriff Courts (Scotland) Act 1971(19), making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(8) The sheriff clerk shall give written intimation of a grant or refusal of leave to the CEHR and all the parties.

Form of intervention

13A.4.—(1) An intervention shall be by way of a written submission which (including any appendices) shall not exceed 5000 words.

(2) The CEHR shall lodge the submission and send a copy of it to all the parties by such time as the sheriff may direct.

(3) The sheriff may in exceptional circumstances–

(a) allow a longer written submission to be made;

(b) direct that an oral submission is to be made.

(4) Any diet in pursuance of paragraph (3)(b) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.