Courts Reform (Scotland) Act 2014

JurisdictionScotland
Citation2014 asp 18


Courts Reform (Scotland) Act 2014

2014 asp 18

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th October 2014 and received Royal Assent on 10th November 2014

An Act of the Scottish Parliament to make provision about the sheriff courts; to establish a Sheriff Appeal Court; to make provision about civil court procedure; to make provision about appeals in civil proceedings; to make provision about appeals in criminal proceedings; to make provision about judges of the Court of Session; to make provision about the Scottish Land Court; to make provision about justice of the peace courts; to rename the Scottish Court Service and give it functions in relation to tribunals; to provide for assistants to the Judicial Appointments Board for Scotland; and for connected purposes.

1 SHERIFF COURTS

PART 1

SHERIFF COURTS

CHAPTER 1

CHAPTER 1

SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS

SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS

S-1 Sheriffdoms, sheriff court districts and sheriff courts

1 Sheriffdoms, sheriff court districts and sheriff courts

(1) For the purposes of the administration of justice, Scotland is to be divided into areas, each to be known a s a "sheriffdom".

(2) A sheriffdom is to comprise one or more areas, each to be known as a "sheriff court district".

(3) Within each sheriff court district a place is to be designated at which the judiciary of the sheriffdom are to sit and hold court for the purpose of exercising their judicial functions; and such sittings are to be known as a "sheriff court".

(4) The sheriffdoms and sheriff court districts existing immediately before the date on which this section comes into force are to continue to exist on and after that date, and are accordingly the first sheriffdoms and sheriff court districts for the purposes of subsections (1) and (2).

(5) On and after the date on which this section comes into force, sheriff courts are to continue to be held at the places at which they were held immediately before that date, and accordingly those places are the first places designated for the holding of sheriff courts for the purposes of subsection (3).

(6) Subsections (4) and (5) are subject to an order under section 2.

S-2 Power to alter sheriffdoms, sheriff court districts and sheriff courts

2 Power to alter sheriffdoms, sheriff court districts and sheriff courts

(1) The Scottish Ministers may, following submission of a proposal under subsection (2), by order do any of the following-

(a) alter the boundaries of sheriffdoms or sheriff court districts,

(b) abolish sheriffdoms or sheriff court districts,

(c) form new sheriffdoms or sheriff court districts,

(d) provide that sheriff courts are to be held, or to cease being held, at any place specified in the order.

(2) The Scottish Courts and Tribunals Service may, with the agreement of the Lord President of the Court of Session, submit a proposal to the Scottish Ministers for the making of an order under subsection (1).

(3) Before submitting a proposal to the Scottish Ministers, the Scottish Courts and Tribunals Service must consult such persons as it considers appropriate.

(4) If, following submission of a proposal, the Scottish Ministers decide to make an order, they must have regard to the proposal in deciding what provision to make in the order.

(5) The Scottish Ministers may make an order under subsection (1) on ly with the consent of-

(a) the Lord President, and

(b) the Scottish Courts and Tribunals Service.

(6) An order under subsection (1) may-

(a) abolish any office in consequence of any provision made under subsection (1),

(b) modify any enactment (including this Act).

Permanent and full-time judiciary

CHAPTER 2

JUDICIARY OF THE SHERIFFDOMS

Permanent and full-time judiciary

S-3 Sheriffs principal

3 Sheriffs principal

(1) For each sheriffdom, there is to continue to be a judicial officer to be known as the "sheriff principal" of the sheriffdom.

(2) It is for Her Majesty to appoint an individual to the office of sheriff principal.

(3) The First Minister may, under section 95(4) of the Scotland Act 1998, recommend to Her Majesty the appointment of an individual to the office of sheriff principal only if the individual is qualified for appointment (see section 14).

(4) Subsection (3) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation by the Judicial Appointments Board for Scotland).

(5) In addition to the jurisdiction and powers that attach specifically to the office of sheriff principal, the sheriff principal of a sheriffdom may also exercise in the sheriffdom the jurisdiction and powers that attach to the office of sheriff.

(6) Subsection (5) is subject to any provision, express or implied, to the contrary in any other enactment.

S-4 Sheriffs

4 Sheriffs

(1) For each sheriffdom, there are to continue to be judicial officers each to be known as a "sheriff" of the sheriffdom.

(2) It is for Her Majesty to appoint an individual to the office of sheriff.

(3) The First Minister may, under section 95(4) of the Scotland Act 1998, recommend to Her Majesty the appointment of an individual to the offic e of sheriff only if the individual is qualified for appointment (see section 14).

(4) Subsection (3) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation by the Judicial Appointments Board for Scotland).

S-5 Summary sheriffs

5 Summary sheriffs

(1) For each sheriffdom, there are to be judicial officers each to be known as a "summary sheriff" of the sheriffdom.

(2) It is for Her Majesty to appoint an individual to the office of summary sheriff.

(3) Her Majesty may appoint an individual only if the individual has been recommended for appointment by the First Minister.

(4) The First Minister may recommend to Her Majesty the appointment of an individual only if the individual is qualified for appointment (see section 14).

(5) Before making a recommendation under subsection (3), the First Minister must consult the Lord President of the Court of Session.

(6) Subsection (4) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation by the Judicial Appointments Board for Scotland).

Temporary and part-time judiciary

Temporary and part-time judiciary

S-6 Temporary sheriff principal

6 Temporary sheriff principal

(1) Subsection (2) applies where, in relation to a sheriffdom-

(a) a vacancy occurs in the office of sheriff principal,

(b) the Lord President of the Court of Session believes that the sheriff principal is unable to perform all or some of the functions of the office, or

(c) the sheriff principal rules that he or she is precluded from performing all or some of those functions.

(2) If the Lord President so requests, the Scottish Ministers must appoint-

(a) a person holding the office of sheriff (whether of the same or another sheriffdom), or

(b) a qualifying former sheriff principal (whether of the same or another sheriffdom),

to act as sheriff principal of the sherif fdom.

(3) A "qualifying former sheriff principal" is an individual who-

(a) ceased to hold that office other than by virtue of an order under section 25, and

(b) has not reached the age of 75.

(4) The appointment may be made for the purposes of the exercise of-

(a) all of the sheriff principal's functions, or

(b) only those functions that the sheriff principal is unable to perform or is precluded from performing.

(5) An individual appointed under subsection (2) is to be known as a "temporary sheriff principal".

(6) The Lord President may request the appointment of a temporary sheriff principal for a sheriffdom in the circumstances specified in subsection (1)(a) only if the Lord President considers such an appointment to be necessary or expedient in order to avoid a delay in the administration of justice in the sheriffdom.

S-7 Temporary sheriff principal: further provision

7 Temporary sheriff principal: further provision

(1) Subject to subsection (3), an individual's appointment as a temporary sheriff principal lasts until recalled under subsection (2).

(2) The Scottish Ministers must, if requested to do so by the Lord President of the Court of Session, recall the appointment of a temporary sheriff principal.

(3) A sheriff's appointment as a temporary sheriff principal ceases if the sheriff-

(a) ceases to hold office as sheriff, or

(b) is suspended from office as sheriff.

(4) Subject to section 6(4)(b), a temporary sheriff principal of a sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff principal of the sheriffdom, and does not need a commission for that purpose.

(5) The appointment of a sheriff as a temporary sheriff principal does not affect the sheriff's appointment as sheriff.

(6) Where a sheriff of one sh eriffdom ("sheriffdom A") is appointed as temporary sheriff principal of another sheriffdom ("sheriffdom B")-

(a) the sheriff must not, while remaining temporary sheriff principal of sheriffdom B, act in the capacity of sheriff of sheriffdom A, but

(b) in addition to the jurisdiction and powers that attach specifically to the office of sheriff principal, the sheriff, by virtue of the appointment as temporary sheriff principal of sheriffdom B, may also exercise in that sheriffdom the jurisdiction and powers that attach to the office of...

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