Protocols, Notices and Orders
Protocols, Notices and Orders are documents produced by the Inquiry which explain some of the Scottish COVID-19 Inquiry’s procedures. Further Protocols, Notices and Orders will be added during the lifetime of the Inquiry after being approved by the Chair.
General Restriction Order
The Inquiry has published a General Restriction Order which applies to witness statements, documents and other evidence shared by the Inquiry with core participants and others during the course of its investigations and prior to publication of the material by the Inquiry.
Restriction Order 1: Health and Social Care
The Inquiry has published a Restriction Order pertaining to health and social care. This Restriction Order was last updated on 13 October 2023.
At the Scottish COVID-19 Inquiry’s preliminary hearing in August 2023, Lord Brailsford, Chair of the Inquiry, directed that the names of witnesses and the names of residential care settings, hospitals or other care settings will be disclosed to core participants and the public. This disapplied the protections to persons and organisations set out at 6.1 and 6.4 of Restriction Order 1 (which you can view below).
Please note, the Chair may vary or revoke this Order by making a further order at any point during the Inquiry and may, on a case-by-case basis, grant anonymity to individual witnesses, prohibit the publication of the names of individual residential care settings, hospitals or other care settings, or impose other restrictions as he deems appropriate.
On the morning of Friday 24 November 2023, Dr Claire Mitchell KC, on behalf of Scottish Covid Bereaved, made a verbal motion in chambers for the disapplication of RO1 in order that both of the witnesses giving evidence that day could name the deceased to whom they refer in their statements. This was granted by Lord Brailsford, the Chair of the Inquiry, allowing witness Caroleanne Stewart to name the deceased Derek Stewart, and to allow the witness Pamela Thomas to name the deceased Craig Glynn and James Cameron.
Restriction Order 2: Witness HSC0037
The Chair has granted this witness full anonymity. They will give their evidence remotely and only the audio of their evidence will be broadcast publicly in the Hearing Room and via the livestream.
The Inquiry encourages all Core Participants and their representatives to familiarise themselves with the terms of the Restriction Order.
Restriction Order 3: Witness HSC0027
The Inquiry has published a Restriction Order which restricts the publication of information that identifies the witness designated by the Inquiry as Witness HSC0027. They will be designated as such in all material published by the Inquiry.
The Order contains a list of some of the information that may identify the individual concerned, but this list is not definitive and the Order applies to all information that may identify the witness.
The Order applies generally, including to the media and the Inquiry itself.
Protocol on Applying for Witness Expenses
This protocol sets out the application process for witnesses to claim expenses.
Protocol on Leave to Appear
This Protocol sets out the application process for Leave to Appear at Inquiry hearings.
Protocol on Applications for Restriction Orders
This Protocol sets out the process for parties to apply for a Restriction Order and the process that the Chair and the Inquiry’s legal team will follow when processing such applications.
Protocol on Public Access to Documents
This protocol is about the redaction of information by the Inquiry from documents before they are published. It also explains the procedure to be followed if any document provider wishes information to be redacted or otherwise not provided to the Inquiry.
Protocol on Applying for Core Participant Status
This protocol explains the process of applying for core participant status within the Inquiry. Parties designated by the Inquiry as core participants have some additional rights as explained in the Inquiry's Core Participant Protocol.
Protocol on Applying for Legal Expenses
This protocol explains who is eligible to apply for their legal expenses to be paid by the Scottish COVID-19 Inquiry. It covers the application process, and how decisions are made about who should be given an award.
Protocol for Receipt and Handling of Information
This protocol describes how the Inquiry will obtain and manage the information it receives.
This notice explains how the Inquiry will collect and manage personal data.
"Do Not Destroy" letters
The Scottish COVID-19 Inquiry has issued a series of “do not destroy” letters to a range of organisations or individuals that may hold information relevant to the Inquiry’s investigation.
Statement of approach to criticism
In the interests of fairness, the Inquiry intends to disclose serious criticism to the subject of that criticism. This will afford them the opportunity to consider their position and whether they may wish to apply for a Restriction Order to prevent the statement from being disclosed by the Inquiry. The Inquiry considers that this is in line with its human rights-based approach.
Rule 9 - Note on the procedure for Health and Social Care Impact Hearings
This guidance note sets out the procedure for the questioning of witnesses at the Inquiry's Health and Social Care Impact Hearings.