Scottish Statutory Instrument in the context of "Scots civil procedure"

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👉 Scottish Statutory Instrument in the context of Scots civil procedure

Scots civil procedure governs the rules of civil procedure in Scotland. It deals with the jurisdiction of the country's civil courts, namely the Court of Session and sheriff courts.

Civil procedure is regulated by Acts of Sederunt which are ordinances passed by the Court of Session. Rules for the functioning of the Court of Session were decided upon by the Court of Session Rules Council, which was instituted by the Administration of Justice (Scotland) Act 1933 and reconfirmed by the Court of Session Act 1988 and those for the Sheriff Court were agreed on by the Sheriff Court Rules Council, which is the body responsible for reviewing the Sheriff Court civil procedure under review. Primary legislation may also be enacted to regulate civil procedure, such as the Civil Evidence (Scotland) Act 1988 which removed requirements for corroborating evidence. However, rules for both the Court of Session and sheriff courts are now decided upon by the Scottish Civil Justice Council.

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Scottish Statutory Instrument in the context of Act of Adjournal

An Act of Adjournal is secondary legislation made by the High Court of Justiciary, the supreme criminal court of Scotland, to regulate the proceedings of Scottish courts hearing criminal matters. Now primarily derived from the Criminal Procedure (Scotland) Act 1995, the original power to create Acts of Adjournal is derived from an Act of the Parliament of Scotland in 1672. Before promulgation, Acts of Adjournal are reviewed and may be commented upon by the Criminal Courts Rules Council.

Following Scottish devolution and the establishment of the Scottish Parliament, Acts of Adjournal are made as Scottish Statutory Instruments. Before devolution, acts were made as United Kingdom statutory instruments.

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