2015No. 338
The Scottish Ministers make the following Order in exercise of the powers conferred by section 137 of the Courts Reform (Scotland) Act 2014( 1) and all other powers enabling them to do so.
SCHEDULE 2
Article 3
Establishment of the Sheriff Appeal Court
PART 1
Modification of primary legislation
Animal Health Act 1981
1.-(1) Section 28E of the Animal Health Act 1981( 8) (deliberate infection: deprivation orders) is amended as follows.
(2) In subsection (11), for "High Court of Justiciary" substitute "appropriate Appeal Court".
(3) After subsection (11) insert-
"(11A) In subsection (11), "appropriate Appeal Court" means-
(a) in the case of an appeal against an order made following summary conviction, the Sheriff Appeal Court; and
(b) in the case of an appeal against an order made following conviction on indictment, the High Court of Justiciary.".
Road Traffic Offenders Act 1988
2.-(1) Section 41 of the Road Traffic Offenders Act 1988( 9) (power of High Court of Justiciary to suspend disqualification) is amended as follows.
(2) In subsection (2)-
(a) the words "to the High Court of Justiciary" are repealed; and
(b) after "the court" where it first occurs insert "hearing the appeal".
(3) After subsection (2) insert-
"(2A) Where the court hearing the appeal is the Sheriff Appeal Court, the reference in subsection (2) to a single judge of the court is a reference to an Appeal Sheriff.".
(4) In subsection (3), for "High Court" substitute "court hearing the appeal".
(5) The title of that section becomes "Power of appellate courts in Scotland to suspend disqualification.".
Dangerous Dogs Act 1991
3.-(1) Section 4 of the Dangerous Dogs Act 1991( 10) (destruction and disqualification orders) is amended as follows.
(2) In subsection (9)-
(a) in paragraph (a), for "High Court of Justiciary" substitute "appropriate Appeal Court"; and
(b) after paragraph (a) insert-
"(aa) In paragraph (a), "appropriate Appeal Court" means-
(i) in the case of an appeal against an order made following summary conviction, the Sheriff Appeal Court; and
(ii) in the case of an appeal against an order made following conviction on indictment, the High Court of Justiciary.".
Proceeds of Crime (Scotland) Act 1995
4.-(1) Section 27 of the Proceeds of Crime (Scotland) Act 1995( 11) (appeal against court decision under section 25(1) or 26(1)) is amended as follows.
(2) In each of subsections (1) and (3), for "High Court of Justiciary" substitute "appropriate Appeal Court".
(3) In subsection (1), for "High Court" substitute "appropriate Appeal Court".
(4) After subsection (3) insert-
"(4) In this section, "appropriate Appeal Court" means-
(a) in the case of an appeal under this section against the refusal or grant of an application in summary proceedings, the Sheriff Appeal Court; and
(b) in the case of an appeal under this section against the refusal or grant of an application in proceedings on indictment, the High Court of Justiciary.".
Criminal Procedure (Scotland) Act 1995
5.-(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(2) In section 62 (appeal by accused not criminally responsible or unfit for trial)-
(a) in each of subsections (1), (2), (5) and (6), for "High Court" in each place where it occurs substitute "appropriate Appeal Court"; and
(b) after subsection (7) insert-
"(8) In this section, "appropriate Appeal Court" means-
(a) in the case of an appeal under subsection (1) against a finding or refusal, or an order made, in proceedings on indictment, the High Court;
(b) in the case of an appeal under subsection (1) against a finding or refusal, or an order made, in summary proceedings, the Sheriff Appeal Court.".
(3) In section 63 (appeal by prosecutor where accused found not criminally responsible or unfit for trial)-
(a) in each of subsections (1), (2), (4) and (5), for "High Court" in each place where it occurs substitute "appropriate Appeal Court"; and
(b) after subsection (6) insert-
"(7) In this section, "appropriate Appeal Court" means-
(a) in the case of an appeal under subsection (1) against a finding or an acquittal made in proceedings on indictment, the High Court;
(b) in the case of an appeal under subsection (1) against a finding or an acquittal made in summary proceedings, the Sheriff Appeal Court.".
(4) In section 147(3) (appeal against grant or refusal of any application to extend the period mentioned in section 147(1)), for "High Court" substitute "Sheriff Appeal Court".
(5) In section 156D( 12) (appeals in respect of orders under section 156A(1))-
(a) in subsection (1), for "High Court" substitute "Sheriff Appeal Court";
(b) in subsection (4), for "High Court or any Lord Commissioner of Justiciary" substitute "Sheriff Appeal Court or any Appeal Sheriff"; and
(c) in subsection (5), for "High Court or, as the case may be, the Lord Commissioner of Justiciary" substitute "Sheriff Appeal Court or, as the case may be, Appeal Sheriff".
(6) In section 200 (remand for inquiry into physical or mental condition)-
(a) in subsection (9), for "High Court" in each place where it occurs substitute "appropriate Appeal Court";
(b) in subsection (9A)(b)( 13), for "Clerk of Justiciary" in each place where it occurs substitute "clerk of the appropriate Appeal Court"; and
(c) after subsection (11) insert-
"(12) In this section-
"appropriate Appeal Court" means-
(a) in the case of an appeal under subsection (9) against a decision of the High Court, that Court;
(b) in the case of an appeal under subsection (9) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and
"the clerk of the appropriate Appeal Court" means-
(a) in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;
(b) in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.".
(7) In section 201 (power of court to adjourn case before sentence)-
(a) in subsection (4), for "High Court" in each place where it occurs substitute "appropriate Appeal Court";
(b) in subsection (5)(b), for "Clerk of Justiciary" in each place where it occurs substitute "clerk of the appropriate Appeal Court"; and
(c) after subsection (5) insert-
"(6) In this section-
"appropriate Appeal Court" means-
(a) in the case of an appeal under subsection (4) against a decision of the High Court, that Court;
(b) in the case of an appeal under subsection (4) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and
"the clerk of the appropriate Appeal Court" means-
(a) in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;
(b) in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.".
(8) In section 245J( 14) (breach of certain orders: adjourning hearing and remanding in custody etc.)-
(a) in subsection (5), for "High Court" in each place where it occurs...
