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The Courts Reform (Scotland) Act 2014 (Commencement No. 7, Transitional and Saving Provisions) Order 2016

S.S.I. 2016/291 · Made 14 September 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Court Of Session

Sheriff Court

Made 14th September 2016

Laid before the Scottish Parliament 16th September 2016

Coming into force 28th November 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

2014 asp 18. There are amendments to the 2014 Act not relevant to this Order.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed day
  3. 3Small claims raised before 28th November 2016
  4. 4Savings as regards the Vexatious Actions (Scotland) Act 1898
  5. Signature
  6. Schedule Provisions of the 2014 Act coming into force on 28th November 2016
  7. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 7, Transitional and Saving Provisions) Order 2016 and comes into force on 28th November 2016.

(2)

In this Order—

  • “the 1898 Act” means the Vexatious Actions (Scotland) Act 1898f1;

  • “the 1971 Act” means the Sheriff Courts (Scotland) Act 1971f2;

  • “the 2014 Act” means the Courts Reform (Scotland) Act 2014;

  • “relevant claim” means—

    1. (a)

      a claim raised on or after 28th November 2016 that would be a small claim but for the repeal of sections 35(2) to (4)f3, 36A, 36Bf4 and 37(2B) and (2C)f5 and the words “other than a small claim” in section 38(b)f6 of the 1971 Act; or

    2. (b)

      a claim which would be such a claim were the figures of £3000 within each of article 2(a) and (b) of the Small Claims (Scotland) Order 1988f7 figures of £5000; and

  • “small claim” has the meaning it has in section 35(2) of the 1971 Act.

2Appointed day

(1)

Subject to paragraph (2), the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the table in the schedule of this Order (the subject matter of which is specified in column 2 of that table) is 28th November 2016.

(2)

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.

3Small claims raised before 28th November 2016

(1)

The following provisions apply to small claims raised before 28th November 2016.

(2)

Despite the repeal of sections 35(2) to (4), 36A, 36B and 37(2B) and (2C) and the words, “other than a small claim” in section 38(b) of the 1971 Act by paragraph 6(1) and (2) of schedule 5 of the 2014 Act, those sections and the Small Claims (Scotland) Order 1988 continue to apply to such claims.

(3)

Despite the repeal of paragraph 3(c) of Part 2 of schedule 2 of the Legal Aid (Scotland) Act 1986 (proceedings in which civil legal aid is not available)f1, that paragraph continues to apply to such claims.

(4)

Sections 72, 73, 77, 78, 80, 82 and 96 of the 2014 Act do not apply to such claims.

4Savings as regards the Vexatious Actions (Scotland) Act 1898

Despite the repeal of the 1898 Act by paragraph 27 of schedule 5 of the 2014 Act—

(a)

the 1898 Act continues to apply to an application made under that Act before 28th November 2016; and

(b)

an order under the 1898 Act (including as applied by paragraph (a)) continues to have effect.

Signature

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th September 2016

Provisions of the 2014 Act coming into force on 28th November 2016

Column 1

Provisions of the 2014 Act

Column 2

Subject Matter

Column 3

Purpose
Section 72Simple procedureFor the purposes of a relevant claim
Section 73Simple procedure: proceedings in an all-Scotland sheriff courtFor the purposes of a relevant claim
Sections 77 and 78Simple procedure: further provisionsFor the purposes of a relevant claim
Sections 80 to 82Simple procedure: further provisionsFor the purposes of a relevant claim
Sections 84 and 85Extended interdicts
Section 86Power to enable sheriff to make orders having effect outside sheriffdomFor all remaining purposes
Section 95Lay representation for non-natural persons: key defined terms
Section 96Lay representation in simple procedure casesFor the purposes of a relevant claim
Section 97Lay representation in other proceedings
Sections 100 and 101Vexatious litigation orders
Section 102Power to make orders in relation to vexatious behaviourFor all remaining purposes
Section 132Modifications of enactmentsFor 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 6(1) and (2)Repeal of the 1971 Actf1For the purpose of repealing—
  1. (a)

    section 35(2) to (4) (small claims);

  2. (b)

    section 36A (further provisions as to small claims);

  3. (c)

    section 36B (expenses in small claims);

  4. (d)

    section 37(2B) and (2C) (remits: small claims); and

  5. (e)

    in section 38(b) (appeal in summary causes) the words, “other than a small claim”.

Paragraph 23Amendment of the Legal Aid (Scotland) Act 1986
Paragraph 27Repeal of the 1898 Act

Explanatory note

(This note is not part of the Order)

This Order brings into force provisions of the Courts Reform (Scotland) Act 2014. The provisions specified in column 1 of the table in the schedule of the Order come into force on 28th November 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.

Amongst other things, simple procedure is commenced as regards “relevant claims” as defined in article 1(2); otherwise summary cause procedure continues to exist.

Article 3 is a transitional provision for small claims raised before 28th November 2016 (all small claims are “relevant claims”).

Articles 4 concerns the transition from the Vexatious Actions (Scotland) Act 1898 to vexatious litigation orders under the 2014 Act.

The Courts Reform (Scotland) Act 2014 received Royal Assent on 10th November 2014. Sections 133, 134(1) and (3) and 135 to 139 came into force the following day.