The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2018

Document Number:2018 No. 368 (C. 23)
Coming into force:Coming into force on the 30/01/2019
 
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Scottish Statutory Instruments

Court Of Session

Sheriff Appeal Court

Sheriff Court

Scottish Courts And Tribunals Service

Made

4 th December 2018

Laid before the Scottish Parliament

5 th December 2018

Coming into force

30 th January 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 27(3) and (4) of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018(1).

Citation, commencement and interpretation

  1. —(1) These Regulations may be cited as the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Commencement No. 1 , Transitional and Saving Provisions) Regulations 2018 and come into force on 30 January 2019.

    (2) In these Regulations—

    “the 1933 Act” means the Administration of Justice (Scotland) Act 1933(2) , and

    “the 2018 Act” means the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

    Appointed day

  2. 30 January 2019 is the day appointed for the coming into force of the following provisions of the 2018 Act—

    (a) section 4(1) and (2) (power to cap success fees) ,

    (b) section 5 (power to exclude specified descriptions of civil proceedings from success fee agreements) ,

    (c) section 6(8) (power to vary sums specified in section 6(5)(a) and (b)) ,

    (d) section 7(3) and (4) (power to make further provision about success fee agreements) ,

    (e) section 12(1) , (3) and (4) (minor and consequential modifications of the Courts Reform (Scotland) Act 2014(3)) ,

    (f) section 14 (auditors of court) ,

    (g) section 15 (temporary auditor of the Court of Session) ,

    (h) section 16 (auditors’ functions) ,

    (i) section 17 (auditors unable to tax account) ,

    (j) section 18 (guidance) ,

    (k) section 19 (reports) ,

    (l) section 20(7) and (8) (group proceedings) ,

    (m) section 21 (group procedure: rules) ,

    (n) section 22 (group proceedings: further provision) , and

    (o) the schedule (auditors of court: modification of enactments).

    Saving and Transitional Provisions – Auditor of the Court of Session appointed before 30 January 2019

  3. —(1) Despite the repeal of the provisions mentioned in paragraph (2) , those provisions continue to apply to a holder of the office of Auditor of the Court of Session appointed before 30 January 2019.

    (2) The provisions are—

    (a) section 32 of the Court of Session Act 1821(4) (office of Auditor of the Court of Session to be made permanent) , repealed by paragraph 1 of the schedule of the 2018 Act,

    (b) section 25(2) of the 1933 Act(5)...

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