[4] Since 2013, draft Acts have also been prepared by the Scottish Civil Justice Council and submitted to the Court of Session for approval.[5]: [s.

Previously, Acts were made as United Kingdom statutory instruments, and before that were a separate class of legislation.[6][7]: [s.

The Act of Parliament establishing the Court, later named the College of Justice Act 1532, provided that the Court would have "such... rules and statutes as shall please the king's grace to make and give to them" and "ordain[ed] the same to have effect in all points and [that the] processes, sentences and decreets shall have the same strength, force and effect as the decreets of the lords of session had in all times bygone."

The remaining powers to make Acts of Sederunt relate to summary trials—although the actual power is now derived from the Courts Reform (Scotland) Act 2014—and the considering of applications to appeal to the Inner House by a single judge.[17]: [ss.

68] [4] The Court of Session's power to create Acts of Sederunt was extended by the Inquiries into Fatal Accidents and Sudden Deaths etc.

In exercising these powers, the Court of Session can amend or repeal any enactment, including primary legislation, if it relates to matters an Act of Sederunt may cover.[4]: [s.

The SCJC will consider changes to practice and procedure in response to policy initiatives, by specific request, or of its own accord.

Those for the regulation of procedure in the Court of Session begin: The Lords of Council and Session, under and by virtue of the powers conferred on them by section 5 of the Court of Session Act 1988 and of all other powers enabling them in that behalf, do hereby enact and declare:[17]: [s. 5] [26] Those for the regulation of procedure in the sheriff courts begin: The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:[16]: [s. 32] [27] [28]Those for setting the fees of messengers-at-arms are enacted: The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 6 of the Execution of Diligence (Scotland) Act 1926, section 5 of the Court of Session Act 1988 and of all other powers enabling them in that behalf, with the concurrence of the Lord Lyon King of Arms do hereby enact and declare:[17]: [s. 5] Those for setting the fees of sheriff officers are enacted: The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40 of the Sheriff Courts (Scotland) Act 1907, section 6 of the Execution of Diligence (Scotland) Act 1926 and of all other powers enabling them in that behalf, do hereby enact and declare:[29]