The Courts Reform (Scotland) Act 2014 (Commencement No. 5, Transitional and Saving Provisions) Order 2015
S.S.I. 2015/378 · Made 4 November 2015
Court Of Session
Sheriff Appeal Court
Sheriff Court
Made 4th November 2015
Laid before the Scottish Parliament 6th November 2015
Coming into force 1st January 2016
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 2014f1 and all other powers enabling them to do so.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Appointed day
- 3Appeals – general
- 4Appeals – summary causes
- 5All-Scotland sheriff court: references to the Sheriff Appeal Court
- Signature
- Schedule Provisions of the Act coming into force on 1st January 2016
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 5, Transitional and Saving Provisions) Order 2015 and comes into force on 1st January 2016.
In this Order—
-
“the Act” means the Courts Reform (Scotland) Act 2014; and
-
“the 1907 Act” means the Sheriff Courts (Scotland) Act 1907f1.
2Appointed day
Subject to paragraph (2), 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 January 2016.
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.
3Appeals – general
Despite the repeal of sections 27 to 29 of the 1907 Act (appeals from sheriffs or sheriffs principal) by paragraph 4(e) of schedule 5 to the Act, those sections continue to apply—
to a decision of a sheriff made before 1st January 2016; and
to an appeal against a decision of a sheriff principal in an appeal under section 27 of the 1907 Act.
4Appeals – summary causes
In relation to a decision of a sheriff made on or after 1st January 2016, section 38 of the Sheriff Courts (Scotland) Act 1971f1 (appeal in summary causes) applies as if the references to the sheriff principal were references to the Sheriff Appeal Court.
5All-Scotland sheriff court: references to the Sheriff Appeal Court
For article 8(1) of the Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015f1 (all-Scotland sheriff court: references to the Sheriff Appeal Court), substitute—
“(1)Paragraphs (2) and (3) have effect in relation to any application made under section 69 or 71 of the Act before 1st January 2016.”.
Signature
PAUL WHEELHOUSE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
4th November 2015
Provisions of the Act coming into force on 1st January 2016
Column 1 Provisions of the Act | Column 2 Subject Matter | Column 3 Purpose |
|---|---|---|
| Sections 47 and 48 | Sheriff Appeal Court – appeals and status of decisions in precedent | For all remaining purposes |
| Sections 109 to 112 | Appeals to the Sheriff Appeal Court | |
| Sections 113 and 114 | Appeals to the Court of Session | |
| Section 116 | Effect of appeal | |
| Section 132 | Modifications of enactments | For the purpose of bringing into force the provisions of schedule 5 listed in column 1 below |
| The following provisions of schedule 5— | Modifications of enactments | |
| Paragraph 4(e) | Repeal of sections 27 to 29 of the 1907 Act | |
| Paragraph 12(2) and (3) | Amendment of the Administration of Justice (Scotland) Act 1972 | |
| Paragraph 13 | Amendment of the Civil Jurisdiction and Judgments Act 1982 | |
| Paragraph 14(4) | Amendment of the Legal Aid (Scotland) Act 1986 | |
| Paragraph 32(3) | Amendment of the Court of Session Act 1988 |
Explanatory note
(This note is not part of the Order)
This Order brings into force provisions of the Courts Reform (Scotland) Act 2014 (“the Act”). The provisions specified in column 1 of the table in the Schedule to the Order come into force on 1st January 2016. The subject matter of these provisions is set out in column 2 of the table, and where provisions are brought into force only for a limited purpose, this purpose is given in column 3.
Section 109 of the Act, which is brought into force by this Order with effect from 1st January 2016, abolishes appeals from the sheriff to the sheriff principal and provides for any such appeals to be heard instead by the Sheriff Appeal Court. Article 3 preserves the pre-existing statutory provisions for appeals from decisions of sheriffs or sheriffs principal in sections 27 to 29 of the Sheriff Courts (Scotland) Act 1907 (“the 1907 Act”), in relation to decisions of sheriffs before 1st January 2016. Where an appeal process begins before 1st January 2016 the 1907 Act provisions will apply in relation to any appeals to sheriffs principal or to the Inner House of the Court of Session.
Article 4 modifies the application of section 38 of the Sheriff Courts (Scotland) Act 1971 (“the 1971 Act”) in relation to decisions of sheriffs on or after 1st January 2016 to refer to the Sheriff Appeal Court rather than to the sheriff principal (given the abolition of appeals from the sheriff to the sheriff principal by section 109 of the Act). (It is intended that the commencement of the repeal of section 38 of the 1971 Act by paragraph 6(2) of schedule 5 to the Act will coincide with the replacement of summary cause procedure by the new simple procedure provided for by sections 72 to 83 of the Act).
Article 5 preserves the transitory provision in article 8 of the Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015 for cases where applications relating to Sheriff Personal Injury Court proceedings are made to the sheriff principal before 1st January 2016.
The Act received Royal Assent on 10th November 2014. Sections 133, 134(1) and (3) and 135 to 139 came into force the following day.