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The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111029589

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.

Draft Order laid before the Scottish Parliament under section 133(2)(b) of the Courts Reform (Scotland) Act 2014, for approval by resolution of the Scottish Parliament.

Court Of Session

Sheriff Appeal Court

Sheriff Court

Made 2015

Coming into force 1st January 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 137 of the Courts Reform (Scotland) Act 2014f1 and 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.

Annotations to the whole text

Footnotes

f1

2014 asp 18.

Contents

  1. 1Citation and commencement
  2. 2Enforcement of orders or determinations of the Sheriff Appeal Court
  3. 3Persons other than solicitors or advocates empowered to conduct proceedings before the Sheriff Appeal Court
  4. 4Modification of enactments
  5. 5Transitional provisions: appeals made before 1st January 2016
  6. Signature
  7. Schedule: Modification of enactments
  8. Part 1: Modification of primary legislation
  9. 1Sheriff Courts Consignations (Scotland) Act 1893
  10. 2Local Government (Scotland) Act 1973
  11. 3Criminal Procedure (Scotland) Act 1995
  12. 4Ethical Standards in Public Life etc. (Scotland) Act 2000
  13. 5Antisocial Behaviour etc. (Scotland) Act 2004
  14. 6Scottish Commission for Human Rights Act 2006
  15. 7Children’s Hearings (Scotland) Act 2011
  16. Part 2: Modification of secondary legislation
  17. 8The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
  18. 9The Children’s Hearings (Scotland) Act 2011 (Rights of Audience of the Principal Reporter) Regulations 2012
  19. Explanatory note

1Citation and commencement

This Order may be cited as the Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 and comes into force on 1st January 2016.

2Enforcement of orders or determinations of the Sheriff Appeal Court

An order or determination of the Sheriff Appeal Court may be enforced as if it were a decree of a sheriff having jurisdiction in the area in which the order or determination is to be enforced.

3Persons other than solicitors or advocates empowered to conduct proceedings before the Sheriff Appeal Court

(1)

Paragraph (2) applies to any provision of an enactment (other than an act of sederunt) passed or made before 1st January 2016 by virtue of which a person other than a solicitor or advocate would (but for section 109 of the Courts Reform (Scotland) Act 2014) be able to represent a party in an appeal from the sheriff to the sheriff principal.

(2)

The provision permits such a person to represent the relevant party in an appeal from the sheriff to the Sheriff Appeal Court.

4Modification of enactments

The modifications in the Schedule have effect.

5Transitional provisions: appeals made before 1st January 2016

The modifications in paragraphs 2 to 7 and 9 of the Schedule do not apply to appeals made before 1st January 2016.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

1Sheriff Courts Consignations (Scotland) Act 1893

After section 2 of the Sheriff Courts Consignations (Scotland) Act 1893f1 (definition), insert—

“Application of this Act to the Sheriff Appeal Court

2A.
(1)

This Act applies to the Sheriff Appeal Court as it applies to each sheriff court, subject to the following modifications.

(2)

References to the sheriff court or to the ordinary sheriff court are to be read as references to the Sheriff Appeal Court.

(3)

References to the sheriff principal are to be read as references to the President of the Sheriff Appeal Court.

(4)

References to the sheriff clerk or to the sheriff clerk of the sheriffdom are to be read as references to the Clerk of the Sheriff Appeal Court.

(5)

Section 3 has effect as if, for the words from “At” to “purpose” there is substituted “All consignations must be entered into a book kept at the office of the Clerk to the Sheriff Appeal Court for that purpose”.”.

2Local Government (Scotland) Act 1973

In section 103J(6) of the Local Government (Scotland) Act 1973f1 (appeals from Accounts Commission for Scotland), for “section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c.51)” substitute “section 114(1) (appeal from the sheriff principal to the Court of Session) of the Courts Reform (Scotland) Act 2014”.

3Criminal Procedure (Scotland) Act 1995

In section 44A(6)(c) of the Criminal Procedure (Scotland) Act 1995f1 (appeal against detention in secure accommodation), for “sheriff principal” substitute “Sheriff Appeal Court”.

4Ethical Standards in Public Life etc. (Scotland) Act 2000

In section 22(7) of the Ethical Standards in Public Life etc. (Scotland) Act 2000f1 (appeals from Standards Commission for Scotland), for “section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c.51)” substitute “section 114(1) (appeal from the sheriff principal to the Court of Session) of the Courts Reform (Scotland) Act 2014”.

5Antisocial Behaviour etc. (Scotland) Act 2004

In section 112(1)(b) of the Antisocial Behaviour etc. (Scotland) Act 2004f1 (conduct of proceedings by reporters), for “a sheriff principal” substitute “the Sheriff Appeal Court”.

6Scottish Commission for Human Rights Act 2006

In section 14(9) of the Scottish Commission for Human Rights Act 2006f1 (power to intervene)—

(a)

in the definition of “children’s hearing proceedings”, after “otherwise)” insert “or in the Sheriff Appeal Court”; and

(b)

in the definition of “court”, after “appeal,” insert “the Sheriff Appeal Court”.

7Children’s Hearings (Scotland) Act 2011

(1)

The Children’s Hearings (Scotland) Act 2011f1 is amended as follows.

(2)

In section 19(1)(a) (rights of audience), for “or the sheriff principal” substitute “, the sheriff principal or the Sheriff Appeal Court”.

(3)

In section 162(8)(d) (appeal to sheriff against decision to implement secure accommodation authorisation), for “sheriff principal” substitute “Sheriff Appeal Court”.

8The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

In regulation 6(1)(a) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003f1 (summary criminal proceedings) omit the words “to the High Court of Justiciary”.

9The Children’s Hearings (Scotland) Act 2011 (Rights of Audience of the Principal Reporter) Regulations 2012

In regulation 2 of the Children’s Hearings (Scotland) Act 2011 (Rights of Audience of the Principal Reporter) Regulations 2012f1 (interpretation)—

(a)

after “Children’s Hearings (Scotland) Act 2011” omit “and”; and

(b)

at the end, insert—

“; and

references to the sheriff principal include the Sheriff Appeal Court”.

Explanatory note

(This note is not part of the Order)

This Order makes provision in consequence of and supplementary to the coming into force of certain provisions of the Courts Reform (Scotland) Act 2014 (“the Act”) on 1st January 2016. This Order comes into force on the same date. The principal provision of relevance is section 109 which, with effect from 1st January 2016, abolishes civil appeals from the sheriff to the sheriff principal and provides for any such appeals to be heard instead by the Sheriff Appeal Court.

Article 2 concerns the enforcement of orders or determinations of the Sheriff Appeal Court and has effect that sheriff officers may enforce such orders or determinations under their existing commissions from sheriff principals for particular sheriffdoms.

Article 3 concerns rights of audience before the Sheriff Appeal Court. The general rule is that only solicitors or advocates may conduct proceedings before the Court (with section 108 of the Act providing for sanction for counsel in relation to the recoverability of legal expenses). Exceptionally, enactments provide for persons other than solicitors or advocates to conduct appeal proceedings before sheriffs principal. Article 3 preserves such rights of audience in the context of the same types of appeal proceedings being heard by the Sheriff Appeal Court. Article 3 does not apply to acts of sederunt so that specific amending provision may be made by act of sederunt.

Article 4 introduces the Schedule which makes textual modifications to primary and secondary legislation in consequence of sections 109 and 114 of the Act and article 3 of this Order. Article 5 provides that these modifications do not apply to appeals made before 1st January 2016. Paragraph 8 of the Schedule is in consequence of the criminal jurisdiction and competence of the Sheriff Appeal Court which was assumed on 22nd September 2015.