Clause 25

Part of Financial Services Bill – in a Public Bill Committee at 6:15 pm on 12th January 2010.

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This amendment gives the Treasury a power to enable collective proceedings to take place in Scotlandbefore the sheriff.

I propose the amendment at the request of the Scottish Government. The amendment will give the Treasury a power to enable collective proceedings to take place in Scotland before the sheriff court. At present, the clause provides for collective proceedings to be heard in the Court of Session only. The reason is that the Scottish Government are currently considering recommendations about class actions generally in a report by the Scottish civil courts. Decisions about the applicability of class actions in Scotland have not yet been taken and there is a question of whether they should be combined to the Court of Session only. The power will enable class actions to be extended to the sheriff court if the Scottish Government find it appropriate to do so in future.