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The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2018

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

Draft 2018, ISBN 9780111038048

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.

Justices Of The Peace

Scottish Courts And Tribunals Service

Sheriff Court

Tribunals And Inquiries

Made 2018

Coming into force 1st April 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by section 137(1) and (2) 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. There are amendments to the Courts Reform (Scotland) Act 2014 not relevant to this Order.

Contents

  1. 1Citation and commencement
  2. 2Payments made to members of the Mental Health Tribunal for Scotland
  3. 3Payments made to Justices of the Peace
  4. 4Payments made to members of the Scottish Tribunals
  5. 5Determination of the remuneration of Temporary Sheriffs Principal
  6. Signature
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2018 and comes into force on 1st April 2018.

2Payments made to members of the Mental Health Tribunal for Scotland

In paragraph 6(1) of schedule 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003f1 (remuneration and pensions etc.), for “The Scottish Ministers may” where it first appears substitute “The Scottish Courts and Tribunals Service must”.

3Payments made to Justices of the Peace

In section 68(4) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007f1 (conditions of office), for “The Scottish Ministers are, in accordance with a scheme devised by them” substitute “The Scottish Courts and Tribunals Service is, in accordance with a scheme devised by it and after consultation with the Scottish Ministers”.

4Payments made to members of the Scottish Tribunals

In paragraph 13 of schedule 7 of the Tribunals (Scotland) Act 2014f1 (Scottish tribunals – other conditions of membership), after sub-paragraph (2) insert—

“(3)

The Scottish Courts and Tribunals Service must make any payment to members arising by virtue of this paragraph.”.

5Determination of the remuneration of Temporary Sheriffs Principal

In section 16(7) of the Courts Reform (Scotland) Act 2014f1 (remuneration), before paragraph (a) insert—

“(za)

a temporary sheriff principal,”.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order makes provision in consequence of and supplementary to certain provisions of the Courts Reform (Scotland) Act 2014 (“the Act”). This Order amends the Mental Health (Care and Treatment) (Scotland) Act 2003, the Tribunals (Scotland) Act 2014, the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 and the Act.

Articles 2 to 4 transfer responsibility for payment of remuneration etc. to members of the Mental Health Tribunal for Scotland, payment of allowances to Justices of the Peace and payments to members of the Scottish Tribunals from Scottish Ministers to the Scottish Courts and Tribunals Service (SCTS). This is in consequence of the conferral of administrative support functions to the SCTS by section 130 of the Act.

Article 5 amends section 16(7) of the Act to add temporary sheriff principals to the list of judicial officers for which Scottish Ministers may determine different amounts of remuneration for. This is to take account of the possibility that a qualifying former sheriff principal might be appointed as a part-time sheriff principal and would need to be paid a daily fee.