New UK Legislation: Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024
Introduction
On November 22, 2024, a new Act of Sederunt was introduced in the United Kingdom. This legislation amends the Rules of the Court of Session 1994, the Sheriff Appeal Court Rules 2021, and the Sheriff Court Rules. The primary purpose of these amendments is to introduce provisions for statutory interveners in civil proceedings.
Statutory Interveners
A statutory intervener is an entity that is permitted to intervene in legal proceedings even though it lacks a direct interest in the outcome of the case. The purpose of statutory intervention is to ensure that the public interest is represented in certain types of cases.
This Act of Sederunt introduces a new rule that allows Scottish Ministers to intervene in civil proceedings on behalf of the Scottish Government. Scottish Ministers may intervene if they believe that the proceedings raise issues of public importance or if they have a duty to ensure compliance with a particular statutory provision.
Process for Intervention
When Scottish Ministers decide to intervene in a case, they must file a motion with the court. The motion must explain the reasons for the intervention and specify the arguments that the Scottish Ministers intend to make.
The court will then consider the motion and decide whether to grant permission for the Scottish Ministers to intervene. If permission is granted, the Scottish Ministers will become a party to the proceedings and will be entitled to participate in all aspects of the case.
Impact of the Legislation
The Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 is a significant piece of legislation that will have a major impact on civil proceedings in Scotland. It will allow Scottish Ministers to intervene in cases of public importance, ensuring that the public interest is represented in the legal process.
Additional Information
The full text of the Act of Sederunt can be found on the website of the Scottish Parliament. For more information on statutory intervention, please consult with a legal professional.
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