The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016

JurisdictionScotland

2016 No. 142

Juries

Lands Tribunal

Police

Prisons

Sheriff Court

Tribunals And Inquiries

Scottish Courts And Tribunals Service

The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016

Made 1st March 2016

Coming into force 1st April 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 137 of the Courts Reform (Scotland) Act 20141and all other powers enabling them to do so.

In accordance with section 133(2)(b) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 and comes into force on 1st April 2016.

S-2 Lands Tribunal Act 1949

Lands Tribunal Act 1949

2. In section 2(6) of the Lands Tribunal Act 19492(members, officers and expenses of Lands Tribunal for Scotland), for “There may be paid” substitute “The Scottish Courts and Tribunals Service is to pay”.

S-3 Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

3. In section 16 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 20133(interpretation of Part 1), after the entry relating to draft civil procedure rules insert—

“draft fees rules” has the meaning given in section 2(6A)4,”.

S-4 Tribunals (Scotland) Act 2014

Tribunals (Scotland) Act 2014

4. In section 27(5)(c)(ii) of the Tribunals (Scotland) Act 20145(listed tribunals), for “section 12A of the Sheriff Courts (Scotland) Act 1971” substitute “section 21 of the Courts Reform (Scotland) Act 2014”.

S-5 Modification of enactments

Modification of enactments

5. The modifications in the Schedule have effect.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

1st March 2016

SCHEDULE

Article 5

Abolition of the office of stipendiary magistrate and introduction of the office of summary sheriff

SCH-1.1

1.Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

In Group A of Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 19806(persons ineligible for jury service: the judiciary), after paragraph (c) insert—

“(ca)

“(ca) summary sheriffs;”.

SCH-1.2

2.Prisons (Scotland) Act 1989

(1) Section 15 of the Prisons (Scotland) Act 19897(right of sheriff or justice to visit prison) is amended as follows.

(2) In sub-section (1), after “sheriff” insert “, summary sheriff”.

(3) In sub-section (2), after “sheriff” insert “, summary sheriff”.

SCH-1.3

3.Criminal Justice (Scotland) Act 2003

In section 42 of the Criminal Justice (Scotland) Act 20038(drugs courts), for subsection (2) substitute—

SCH-1.2

“2 It may be prescribed that there is to be a drugs court within a sheriffdom or sheriff court district, in which case the sheriff principal is, subject to subsection (1), to nominate a court within that sheriffdom or, as the case may be, sheriff court district to be a drugs court.”.

SCH-1.4

4.Criminal Justice and Licensing (Scotland) Act 2010

In paragraph 1(3)(c) of schedule 1 to the Criminal Justice and Licensing (Scotland) Act 20109(the Scottish Sentencing Council: membership), for “justice of the peace or stipendiary magistrate” substitute “summary sheriff or justice of the peace”.

SCH-1.5

5.Police and Fire Reform (Scotland) Act 2012

(1) The Police and Fire Reform (Scotland) Act 201210is amended as follows.

(2) In section 10(1) (declaration of constable of the Police Service of Scotland)11, after “sheriff” insert “, summary sheriff”.

(3) In section 16(3) (temporary service as constable of the Police Service of Scotland), after “sheriff” insert “, summary sheriff”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes...

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