The Judiciary and Courts (Scotland) Act 2008 (Commencement No. 2) Order 2009

JurisdictionScotland
CitationSSI 2009/192

2009 No. 192 (C. 15)

COURT OF SESSION

HIGH COURT OF JUSTICIARY

JUDICIAL APPOINTMENTS AND DISCIPLINE

JUDICIAL INDEPENDENCE

SCOTTISH COURT SERVICE

SHERIFF COURT

The Judiciary and Courts (Scotland) Act 2008 (Commencement No. 2) Order 2009

Made 18th May 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 76(1) of the Judiciary and Courts (Scotland) Act 20081.

S-1 Citation and interpretation

Citation and interpretation

1.—(1) This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Commencement No. 2) Order 2009.

(2) References to “the Act” mean the Judiciary and Courts (Scotland) Act 2008.

S-2 Appointed days

Appointed days

2. The day appointed for the coming into force of the provisions of the Act specified in column (1) of the Schedule (the subject matter of each provision being mentioned in column (2)) is 1st June 2009.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

18th May 2009

SCHEDULE

Article 2

PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST JUNE 2009

Column (1)

Column (2)

Provisions of the Act

Subject matter

Section 1

Guarantee of continued judicial independence

Subsections (1), (5) and (6) of section 2 for the purposes of subsections (2)(b) and (c)

Head of the Scottish Judiciary

Subsections (2)(b) and (c) of section 2

Sections 4 to 8

Senior judiciary: vacancy, incapacity and suspension

Sections 9 to 18

Judicial appointments

Sections 19 and 20

Lord President and Lord Justice Clerk

Sections 21 to 23

Other Court of Session judges

Sections 24 to 26

Sheriffs principal, sheriffs and part time sheriffs

Sections 44 to 46

The Court of Session

Section 60(2) in so far as it relates to the provisions of Schedule 3 to the Act mentioned below

The Scottish Court Service

Section 73 in so far as it relates to the provisions of Schedule 5 to the Act mentioned below

Consequential repeal

Schedule 1

The Judicial Appointments Board for Scotland

Schedule 2

Panels established under section 19(2)

Schedule 3, paragraphs 2, 3(1), 4, 5, 7 and 8

The Scottish Court Service

Schedule 5, paragraph 4

Consequential repeal

(This note is not part of the Order)

This Order brings into force certain provisions of the Judiciary and Courts (Scotland) Act 2008 on 1st June 2009.

(This note is not part of the Order)

The following provisions of the Act have been brought into force by the Judiciary and Courts (Scotland) Act...

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