Act of Sederunt (Rules of the Court of Session Amendment No. 5)(Miscellaneous) 2013 coming into force

Aug 09, 2013
The Court of Session Act of Sederunt (Rules of the Court of Session Amendment No. 5)(Miscellaneous) 2013 was made by the court on 30th July 2013 and will come into force on the 19th August.

This Act of Sederunt amends the Rules of the Court of Session.

Paragraph 2 amends Chapter 41 (appeals under statute) by inserting Part XI (appeals under the Tribunals, Courts and Enforcement Act 2007) and new Rule 41.57 (permission to appeal against decisions of the Upper Tribunal). This change reinstates what is known as the "second appeals test".

Paragraph 3 inserts new Chapter 104 (Justice and Security Act 2013) in consequence of the coming into force of Part 2 of the Act of 2013. Part 2 makes provision for closed material procedures in proceedings before the Court of Session. It sets out a framework whereby the court can allow, in the interests of national security, elements of a case to be heard in closed, in addition to the open proceedings. The process broadly consists of two stages.

The Act of Sederunt (Rules of the Court of Session Amendment No. 5)(Miscellaneous) 2013 can be accessed here.
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