Act of Sederunt

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An Act of Sederunt (

Following Scottish devolution and the establishment of the Scottish Parliament, Acts of Sederunt are made as Scottish statutory instruments. Previously, Acts were made as United Kingdom statutory instruments, and before that were a separate class of legislation.^{[6][7]: [s. 27]}

History

College of Justice Act 1532

The Court of Session—more accurately the

College of Justice Act 1540

United Kingdom legislation

Act of Sederunt 1540
Act of Parliament
Parliament of Scotland
Citation	1540 c. 93

Although established in 1532, it was not until the passing of the

The Sheriff Courts (Scotland) Act 1971 enabled the Court of Session to regulate the sheriff courts and Sheriff Appeal Court when they heard civil matters. The Act also dissolved the Sheriff Court Rules Council created by the Administration of Justice (Scotland) Act 1933, and created a new Sheriff Court Rules Council to continually review sheriff court procedure and submit to the Court of Session draft Acts of Sederunt for regulating sheriff courts.^{[16]: [ss. 33–34]}

Court of Session Act 1988

The

The Court of Session Rules Council and Sheriff Court Rules Council were dissolved by the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013, which established the Scottish Civil Justice Council as their replacement. Originally, the Council's only function in relation to Acts of Sederunt was to prepare draft civil procedure rules for the Court of Session and sheriff courts, but this was expanded by the Courts Reform (Scotland) Act 2014 to include preparing draft procedural rules for the Sheriff Appeal Court and draft fees rules, and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 to include draft inquiry procedure rules.^{[5]: [s. 2] [4]: [Sch. 5 paras. 18, 31] [18]: [Sch. 1 para. 1]}

Courts Reform (Scotland) Act 2014

The majority of the Court of Session's current power to regulate is derived from the Courts Reform (Scotland) Act 2014, which consolidated many of the existing powers and, in conjunction with the Tribunals (Scotland) Act 2014, extended the power of the Court of Session to enable the Court to make rules for tribunals.^{[19]: [s. 68] [4]}

Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

The Court of Session's power to create Acts of Sederunt was extended by the

A non-exhaustive summary of these powers is provided below. In exercising these powers, the Court of Session can amend or repeal any enactment, including primary legislation, if it relates to matters an Act of Sederunt may cover.^{[4]: [s. 103(3)]}

Note, however, that the power to regulate admission into the Faculty of Advocates is effectively delegated from the Court of Session to the Faculty, as the Court legislated to require that those seeking admission meet criteria set out by the Faculty.^[24]

Court procedure

Rules of the Court of Session

Rules for the functioning of the Court of Session are developed by the Scottish Civil Justice Council, which was established by the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013. The Council prepares draft rules of procedure for the civil courts and advises the Lord President on the development of the civil justice system in Scotland. The SCJC will consider changes to practice and procedure in response to policy initiatives, by specific request, or of its own accord.^[5][25]

Membership of the Council is provided for in the 2013 Act. The Council is chaired by the Lord President, Lord Carloway, and membership includes:

• The Chief Executive of the Scottish Courts and Tribunals Service (Eric McQueen)
• The Chief Executive of the Scottish Legal Aid Board (Lindsay Montgomery CBE)
• One member of Scottish Government staff (Jan Marshall)
• At least four members of the judiciary, including at least one judge of the Court of Session and at least one sheriff principal or sheriff (Rt. Hon. Lord Menzies, Rt. Hon Lord Tyre, Sheriff Principal Mhairi M. Stephen and Sheriff Ian R Abercrombie QC)
• At least two practicing advocates (James Wolffe QC and Sarah Wolffe QC)
• At least two practicing solicitors (Eric Baijal and Duncan Murray)
• At least two consumer representative members (Ian Maxwell, Families Need Fathers and Lauren Wood, Citizens Advice Scotland)
• Up to six LP members (Employment Judge Joseph d'Inverno and Professor Fances Wasoff, University of Edinburgh).

Sheriff court rules

Rules for the functioning of civil procedure in the sheriff courts are also prepared by the Scottish Civil Justice Council.

Enacting formulae

Acts of Sederunt, like other legislation in the United Kingdom, are introduced by

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988 and of all other powers enabling them in that behalf, do hereby enact and declare:

^{[17]: [s. 5] [26]}

Those for the regulation of procedure in the sheriff courts begin:

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:^{[16]: [s. 32] [27] [28]}

Those for setting the fees of messengers-at-arms are enacted:

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 6 of the Execution of Diligence (Scotland) Act 1926, section 5 of the Court of Session Act 1988 and of all other powers enabling them in that behalf, with the concurrence of the Lord Lyon King of Arms do hereby enact and declare:^{[17]: [s. 5]}

Those for setting the fees of sheriff officers are enacted:

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40 of the Sheriff Courts (Scotland) Act 1907, section 6 of the Execution of Diligence (Scotland) Act 1926 and of all other powers enabling them in that behalf, do hereby enact and declare:^[29]

References