Procedures and Protocols
The Inquiry will publish procedures and protocols that are to be adopted to assist those wishing to take part in the Inquiry. Procedures and protocols will be issued under the direction of the Chair, and will be kept under review through the life of the Inquiry. Copies of Procedures and Protocols will be available from this page in the form of a pdf download
The publication of a new or amended procedure will be highlighted through a News item
Standard of Proof: this Direction provides that the standard of proof that the Chair will adopt when considering evidence with a view to making a factual determination will be the civil standard of balance of probabilities.
Issued 16 June 2021
Directions - 1 - Standard of Proof - Final - PDF/2 pages/199kb
Opening Statements: this Direction, made under Rule 10 of the Inquiries (Scotland) Rules 2007, provides that no opening statements will be made by Counsel to the Inquiry or by, or on behalf of, core participants at the commencement of the first inquiry hearing.
Issued 16 June 2021
Directions - 2 - Opening Statements - Final - PDF/2pages/202kb
Opening Statements at Hearing Commencing 20 September 2021: this Direction provides that notwithstanding the terms of Direction 2, any core participant with leave to appear at the hearings due to commence on 20 September 2021 may submit a written statement and, if they have done so according to the terms of the Direction, make an opening oral statement in support of that written statement.
Issued 16 June 2021
Directions - 3 - Opening Statements 20 September - Final - PDF/3pages/210kb
Individuals or Organisations wishing to apply for Core Participant Status must use the Protocol for Application for Core Participants. Applications for Core Participant Status must be received by the Inquiry no later than 31 December 2020
Issued 12 November 2020
Scottish Hospitals Inquiry - Application for Core Participant Status Protocol PDF/ 5 pages / 235 KB
Individuals wishing to apply for the Inquiry to fund their legal representation for proceedings of the Inquiry may do so in accordance with the Protocol for Funding of Legal Representation By The Inquiry. Applications must be made using the application form provided. Applications may be made at any time, although attention is drawn to Section 3 of the Protocol which makes it clear that an application must be made before any legal work is carried out, and that the Inquiry will not fund work carried out before an award of expenses other than in exceptional circumstances.
Issued 12 March 2021
Scottish Hospitals Inquiry - Protocol for Funding of Legal Representation by the Inquiry PDF / 12 pages / 453 KB
Scottish Hospitals Inquiry - Legal Representation Funded by the Inquiry - Application Form Docx / 3 pages / 37 KB
This protocol details the Chair's determination for core participants who wish to appear at hearings of the Inquiry and the process of obtaining leave from the Chair to do so.
Issued 14 June 2021
Leave To Appear At Inquiry Hearings PDF / 3 pages / 272 kb
Leave to Appear - Application Form Word/2 pages / 55 kb
This protocol explains how the Inquiry will gather information and how information should be supplied to the Inquiry. It also provides an explanation of the relevant legal provisions that enable it to require information to be provided to it and explains the arrangements for making information supplied to the Inquiry public.
Updated 03 June 2021
Protocols - Receipt and Handling of Information - v2 - As Published PDF / 5 pages / 308 KB
The Protocol on Witness Expenses deals with the following:
1. Claiming out-of-pocket expenses such as travel due to attending a hearing.
2. Compensation for loss of income due to attending a hearing.
The protocol sets out eligibility criteria for compensation and explains the application process.
Issued 09 July 2021
Protocol on Witness Expenses PDF/ 8 pages / 442 kb
Guidance on Travel and Subsistence Expenses PDF/ 3 pages / 351 kb
Application form - Travel and Subsistence Word/ 2 pages / 40 kb
Application form - Loss of Time Word/ 2 pages / 40 kb
The Protocol on Witness Statements explains the procedure that the Inquiry will adopt in relation to the taking of written statements of evidence from individuals. In particular, it explains what will happen at, and after, the interview, the Inquiry’s arrangement for publication of witness statements and how to contact the Inquiry’s witness support team.
Issued 16 March 2021
Scottish Hospitals Inquiry - Protocol on Witness Statements PDF / 4 pages / 227 KB
The Data Protection Policy describes the approach, procedures, and duties of the Scottish Hospitals Inquiry regarding the appropriate handling of the data of all natural persons and fulfils the Inquiry’s obligation to have in place an appropriate policy document under and in terms of the Data Protection Act 2018.
Issued 19 March 2021
Data Protection Policy - 19 March 2021 PDF / 11 pages / 228 KB