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      SCOTTISH STATUTORY INSTRUMENTS

      2000 No. 317

      COURT OF SESSION

      Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Public Interest Intervention in Judicial Review) 2000

        Made 7th September 2000 
        Coming into force 2nd October 2000 

      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[1] and of all other powers enabling them in that behalf, do hereby enact and declare:

      Citation and commencement
           1.  - (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Public Interest Intervention in Judicial Review) 2000 and shall come into force on 2nd October 2000.

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

      Amendment of the Rules of the Court of Session
                 2.  - (1) The Rules of the Court of Session 1994[2] shall be amended in accordance with the following sub-paragraphs.

          (2) In paragraph (2) of rule 58.8 (compearing parties), after "to be made" there shall be inserted ", and who is directly affected by any issue raised,".

          (3) After that rule there shall be inserted-

        " Applications for public interest intervention
             58.8A.  - (1) A person to whom rule 58.8(2) does not apply may make an application to the Court for leave to intervene-

          (a) in a petition for judicial review;

          (b) in an appeal in connection with such a petition.

            (2) An application for leave to intervene shall be by way of a Minute of Intervention in Form 58.8, and the applicant shall-

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

          (b) lodge it with the Court, certifying that sub-paragraph (a) above has been complied with.

            (3) A Minute of Intervention shall set out briefly-

          (a) the name and description of the applicant;

          (b) any issue in the proceedings which the applicant wishes to address and the applicant's reasons for believing that any such issue raises a matter of public interest; and

          (c) the propositions to be advanced by the applicant and the applicant's reasons for believing that they are relevant to the proceedings and that they will assist the Court.

            (4) The Court may-

          (a) refuse leave without a hearing;

          (b) grant leave without a hearing unless a hearing is requested under paragraph (5) below; or

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

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

            (6) The Court may grant leave only if it is satisfied that-

          (a) the proceedings raise, and an issue in the proceedings which the applicant wishes to address raises, a matter of public interest;

          (b) the propositions to be advanced by the applicant are relevant to the proceedings and are likely to assist the Court; 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 Court may impose such terms and conditions as it 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) Where leave is granted-

          (a) an intervention shall be by way of a written submission which (including any appendices) does not exceed 5000 words; and

          (b) the applicant shall lodge the submission and send a copy of it to all the parties by such time as the Court may direct.

            (9) The Court may in exceptional circumstances-

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

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

            (10) The Clerk of Court shall notify a grant or refusal of leave to the applicant and all the parties.

            (11) Any diet in pursuance of paragraph (5) or (9)(b) above shall be fixed by the Keeper of the Rolls and intimated to the applicant and all the parties.

            (12) Nothing in this Rule shall affect the power of the Court to make such other direction as it considers appropriate in the interests of justice.

            (13) Any decision of the court in proceedings under this rule shall be final.".

          (4) In the appendix, after the Form 58.6 there shall be inserted-

        " FORM 58.8

        Form of Minute of Intervention

        APPLICATION

        for

        LEAVE TO INTERVENE

        in the

        PUBLIC INTEREST

        in the cause

        [A.B.] (designation and address)

        Petitioner [or Appellant]

        against

        [C.D.] (designation and address)

        Defender] or Respondent]

        [Here set out briefly:

          (a) the name and description of the applicant;

          (b) any issue in the proceedings which the applicant wishes to address and the applicant's reasons for believing that any such issue raises a matter of public interest;

          (c) the propositions to be advanced by the applicant and the applicant's reasons for believing that they are relevant to the proceedings and that they will assist the Court.]"


      Rodger of Earlsferry
      Lord President, I.P.D.

      Edinburgh,
      7th September 2000

      EXPLANATORY NOTE

      (This note is not part of the Act of Sederunt)

      This Act of Sederunt amends the Rules of the Court of Session in order to provide for public interest intervention in judicial review cases. Rule 58.8 is amended and new rule 58.8A is inserted.

      An application for leave to intervene (by way of a Minute of Intervention in new Form 58.8) may be made by a person who is not entitled to apply for leave to enter the process under rule 58.8 as amended. An application may be made at first instance or on appeal, or both.

      The court may grant leave only if it is satisfied that-

      • the proceedings raise, and an issue in the proceedings which the applicant wishes to address raises, a matter or public interest,

      • the propositions to be advanced by the applicant are relevant to the proceedings and are likely to assist the court, and

      • the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses (on which the parties and the applicant may address the court if a hearing for this purpose is requested by any of the parties).

      Intervention is to be by way of a written submission of no more than 5000 words but, in exceptional circumstances, the court may allow a longer written submission or direct that an oral submission be made.

      The court may allow the parties the opportunity to address it on the matters raised in the intervention at the first or second hearing.

       [1] 1988 c.36; section 5 was amended by section 2(3) of the Civil Evidence (Scotland) Act 1988 (c.32) and by the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 45.back

      [2] S.I. 1994/1443.back


      ISBN 0 11 059464 9


 



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