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The Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015

As Enacted Cited authorities 53 Cited in Amendments 4 Related
Vincent
JurisdictionScotland
CitationSSI 2015/77
Year2015

2015No. 77 (C. 17)

COURT OF SESSION

JUDICIAL APPOINTMENTS AND DISCIPLINE

SCOTTISH COURT SERVICE

SHERIFF COURT

The Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015

24thFebruary2015

26thFebruary2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 138(2) and (3) of the Courts Reform (Scotland) Act 2014( 1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015.

(2) This article and article 2(1) come into force on 12th March 2015.

(3) The remaining provisions of this Order come into force on 1st April 2015.

(4) In this Order, "the Act" means the Courts Reform (Scotland) Act 2014.

Appointed day

2.-(1) The day appointed for the coming into force of section 23(5) of the Act (power of Court of Session to make rules about procedure at tribunal constituted under section 21) is 12th March 2015.

(2) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 1st April 2015.

(3) Where a purpose is specified in column 3 of the table in the Schedule, a provision specified in column 1 of that table comes into force only for that purpose.

Payment of judicial remuneration and expenses

3.-(1) Paragraphs (2) to (4) apply until the day on which section 16(12) of the Act (salaries and remuneration payable by SCTS) comes into force.

(2) Salaries under section 16(1) of the Act and remuneration under section 16(3) of the Act are to be paid by the Scottish Ministers.

(3) Remuneration under section 16(5), (9) and (11) of the Act is to be paid by the Scottish Courts and Tribunals Service.

(4) Sums required by the Scottish Ministers for the payment of a salary or remuneration under paragraph (2) are charged on the Scottish Consolidated Fund.

Tribunal to consider fitness for office

4. Judicial conduct occurring before 1st April 2015 may be taken into account in any proceedings under section 21 of the Act (tribunal to consider fitness for office).

Re-employment of former sheriffs principal in the Sheriff Appeal Court

5.-(1) Section 51(1) of the Act (re-employment of former Appeal Sheriffs) has effect as if the reference in it to a qualifying former Appeal Sheriff included a reference to a qualifying former sheriff principal.

(2) For that purpose, a "qualifying former sheriff principal" is an individual who-

(a) prior to the commencement of section 49(1) of the Act-

(i) held office as a sheriff principal; and

(ii) ceased to hold that office other than by virtue of an order under section 12E of the Sheriff Courts (Scotland) Act 1971 (removal from office)( 2); and

(b) has not reached the age of 75.

Saving for regulation of commissary business

6. Despite the repeal of section 54 of the Sheriff Courts (Scotland) Act 1876( 3) (courts to make acts of sederunt) by paragraph 3 of schedule 5 to the Act-

(a) any act of sederunt made under that section shall continue to have effect on or after 1st April 2015 as it had effect immediately before that date; and

(b) that section shall continue to have effect for the purpose of enabling the revocation of any act of sederunt made under it.

Saving for existing subordinate legislation

7.-(1) Despite the coming into force of paragraphs 4(f), 6(2), 26, 28 and 30(3) of schedule 5 to the Act (which repeal the enactments specified in paragraph (2)), any subordinate legislation made under an enactment specified in paragraph (2) continues to have effect.

(2) The enactments are-

(a) section 2 of the Court of Law Fees (Scotland) Act 1895( 4) (power of Scottish Ministers to regulate court fees);

(b) section 6 of the Execution of Diligence (Scotland) Act 1926( 5) (regulations, forms and fees);

(c) section 40 of the Sheriff Courts (Scotland) Act 1907( 6) (Court of Session to regulate fees etc.);

(d) in the Sheriff Courts (Scotland) Act 1971-

(i) section 32 (power of Court of Session to regulate civil procedure in sheriff court);

(ii) section 32A( 7) (rules for lay representation); and

(iii) section 41 (power of Her Majesty to vary limit to privative jurisdiction of sheriff court etc.);

(e) in the Court of Session Act 1988( 8)-

(i) section 5 (power to regulate procedure etc. by act of sederunt);

(ii) section 5A( 9) (rules for lay representation); and

(iii) section 6 (allocation of business etc. by act of sederunt).

(3) In paragraph (2), a reference to an enactment includes a reference to that enactment as extended, applied or modified by any other enactment.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

24th February 2015

SCHEDULE

Article 2

Provisions of the Act coming into force on 1st April 2015

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

Sections 1 and 2

Sheriffdoms, sheriff court districts and sheriff courts

Sections 3 and 4

Sheriffs principal and sheriffs

Section 5

Summary sheriffs

For the purpose of making appointments

Sections 6 to 9

Judiciary of the sheriffdoms

Section 10

Part-time summary sheriffs

For the purpose of making appointments

Sections 11 to 15

Judiciary of the sheriffdoms

Section 16(1) to (11)

Remuneration

Sections 17 to 22

Judiciary of the sheriffdoms

Section 23

Further provision about tribunals constituted under section 21

For all remaining purposes

Sections 24 and 25

Tribunal report and removal from office

Sections 27 to 37

Organisation of business

Section 38

Jurisdiction and competence of sheriffs

Section 39

Power to make act of sederunt for determining the value of an order etc.

For the purpose of making provision by act of sederunt

Sections 40 to 43

Jurisdiction and competence of sheriffs

Section 46

The Sheriff Appeal Court

For the purpose of enabling appointments under sections 49 to 51, 53, 54, 59 and 60

Sections 49 to 53

Sheriff Appeal Court - appointments etc.

Section 54 to 56

President and Vice President of the Sheriff Appeal Court etc.

Section 57(3) to (5)

Power to prescribe sittings of the Sheriff Appeal Court

Sections 59 to 61

Clerk and Deputy Clerks of the Sheriff Appeal Court

Section 62

Records of the Sheriff Appeal Court

Section 72

Power to make provision by act of sederunt in relation to simple procedure

For the purpose of making provision by act of sederunt

Section 75

Rule-making: matters to be taken into consideration

Section 76

Rules relating to service of documents

Section 81

Expenses in simple procedure cases

For the purpose of enabling an order to be made

Section 86

Power to enable sheriff to make orders having effect outside sheriffdom

For the purpose of enabling an order to be made by the Scottish Ministers

Section 87

Power of sheriff to order sheriff clerk to execute deed relating to heritage

Section 88

Interim orders

Section 90

Interim orders

Section 91

Warrants for ejection

Section 98

Power to make supplementary provision about lay representation for non-natural persons

Section 102

Power to make orders in relation to vexatious behaviour

For the purpose of enabling regulations to be made

Sections 103 to 107

Procedure and fees

Section 115

Appeals: granting of leave or permission and assessment of grounds of appeal

Section 119

Appeals from the Sheriff Appeal Court to the High Court

For the purpose of enabling the making of an act of adjournal in reliance upon inserted section 194ZF(1)(c)(ii) of the Criminal Procedure (Scotland) Act 1995

Section 123

Appointment of Court of Session Judges etc.

Section 125

Judges of the Court of Session - expenses

Section 127

Establishing, relocating and disestablishing justice of the peace courts

Section 130

The Scottish Courts and Tribunal Service

For all remaining purposes 1000

Section 131

Assistants to the Judicial Appointments Board for Scotland

Section 132

Modification of enactments

For the purpose of bringing into force the provisions of schedule 5 listed in column 1 below

Section 134(2)

References to "sheriff"

Schedule 2

Appeal Sheriffs: temporary provision

For the purpose of enabling appointments to be made under paragraph 2(1) of schedule 2

Schedule 4

The Scottish Courts and Tribunals Service

For all remaining purposes 1001

The following provisions of schedule 5-

Modifications of enactments

Paragraphs 1 to 3

Sheriff courts

Paragraph 4(a)

Repeal of sections 4 to 7 of the Sheriff Courts (Scotland) Act 1907

For the purpose of repealing sections 4 to 6 of the Sheriff Courts (Scotland) Act 1907

Paragraph 4(b) and (c)

Repeal of sections 10, 11 and 14 of the Sheriff Courts (Scotland) Act 1907

Paragraph 4(f)

Repeal of sections 39 and 40 of the Sheriff Courts (Scotland) Act 1907

For the purpose of repealing section 40 of the Sheriff Courts (Scotland) Act 1907

Paragraph 5

Amendment of the Sheriff Courts and...

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