Search Legislation

Coronavirus (Recovery and Reform) (Scotland) Act 2022

Status:

This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

6(1)This paragraph applies—

(a)in relation to proceedings that are not criminal proceedings, and

(b)in the context of criminal proceedings, only in relation to—

(i)a hearing in which a person is to give evidence,

(ii)proceedings in which the only party is a public official as defined in paragraph 9(3).

(2)Any requirement (however expressed) that a person physically attend a court or tribunal does not apply, unless the court or tribunal directs the person to attend physically.

(3)But sub-paragraph (2) does not apply in relation to a hearing in which a person is to give evidence.

(4)In the case of a hearing in relation to which sub-paragraph (2) does not apply, the court may disapply any requirement (however expressed) that a person physically attend the court by directing that the person need not do so.

(5)A court or tribunal may direct a person to physically attend under sub-paragraph (2) only if it considers that allowing the person to attend by electronic means would—

(a)prejudice the fairness of the proceedings, or

(b)otherwise be contrary to the interests of justice.

(6)A court may disapply a requirement for a person’s physical attendance under sub-paragraph (4) only if it considers that allowing the person to attend by electronic means in accordance with paragraph 8 would not—

(a)prejudice the fairness of the proceedings, or

(b)otherwise be contrary to the interests of justice.

(7)The power to issue a direction under both sub-paragraphs (2) and (4) includes the power to revoke an earlier direction under that sub-paragraph.

(8)A court or tribunal may issue a direction under sub-paragraph (2) or (4) on the motion of a party or of its own accord.

(9)In considering whether to issue a direction under sub-paragraph (2) or (4), the court or tribunal must—

(a)give all parties an opportunity to make representations (subject to sub-paragraph (10)), and

(b)have regard to any guidance issued by—

(i)the Lord President of the Court of Session, or

(ii)the Lord Justice General.

(10)The first direction in relation to a hearing under sub-paragraph (2) or (4) may be issued by the court or (as the case may be) tribunal of its own accord without having given the parties an opportunity to make representations.

(11)Where a direction under sub-paragraph (2) or (4) is issued in relation to a hearing as described in sub-paragraph (10), the court or (as the case may be tribunal) must—

(a)take steps to ensure that the parties are aware of their right to make a motion for the revocation of the direction, and

(b)deal with any motion for the direction’s revocation,

before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.

(12)References in this paragraph to physically attending a court or tribunal are to—

(a)being in a particular place, or

(b)being in the same place as another person,

for the purpose of any proceedings before a court or tribunal or an office holder of a court or tribunal.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources