Writing his foreword as Council Chair, the Lord President, the Rt. Hon. Lord Carloway, charted the Council’s continued work on civil court reform and noted the wide range of subject matters in which it has developed new rules.

The seven sets of draft rules given legal effect during 2022/23 were:

• The Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules Amendment) (Miscellaneous) 2022  The Economic Crime (Transparency and Enforcement) Act 2022 amended the Proceeds of Crime Act 2002. This Act of Sederunt made consequential amendments to the Scottish procedure for seeking unexplained wealth orders, which allows ‘applications for more time’ to be made by lodging a note in process.
  
• This was an initial Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 amended the Simple Procedure Rules 2016 as a result of the significant Rules Review exercise undertaken by the Council. Changes were made to the rules, forms and standard orders to deliver a number of operational efficiencies.
  
• The Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Recognition and Enforcement of Judgments) 2022 amends Chapter 62 (recognition, registration and enforcement of foreign judgments, etc.) of the Rules of the Court of Session to allow documents given to, or issued by, the Keeper of the Registers of Scotland to be signed and transmitted electronically.
  
  
• The Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022  amends Chapters 33 and 33A of the Ordinary Cause Rules 1993 in relation to defended Family actions and Civil Partnership actions in the sheriff court, reflecting the outcome of a significant rules Review Exercise undertaken by the Council which introduces Initial Case Management Hearings and Full Case Management Hearings into family proceedings.
  
  
• This was an amending instrument.  The Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) (No. 2) 2022, implemented a request from the Scottish Courts and Tribunals Service to defer the commencement date previously provided for to accommodate required operational changes in the hosting arrangements for some key digital services.
  
• The Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Civil Protection Measures (EU Exit)) 2022 amends the Rules of the Court of Session, the Ordinary Cause Rules and the Summary Application Rules, following the United Kingdom leaving the European Union on 31st December 2020, and in consequence of Part 1 and 2 of the Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022. These rules a) revoked those parts of the EU Regulation that previously enabled persons covered under protection measures granted in Scottish courts to apply to have those measures to be applied and enforced in EU Member States and b) retained those parts of the EU Regulation concerned with the recognition and enforcement in Scotland of protection measures that had been granted in EU Member States.
  
  
• The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Sexual Harm Prevention Orders and Sexual Risk Orders) 2023 provides new rules for the handling of applications for the new Sexual Harm Prevention Orders and Sexual Risk Orders under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.  

The Council’s Annual Report has been published together with the Annual Programme of Work for 2023/2024, which details how it will deliver its priorities for the next reporting year.

The full report can be found here - scjc---annual-report-2022--23-and-programme-2023-24.pdf (scottishciviljusticecouncil.gov.uk)