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The Courts Reform (Scotland) Act 2014 (Consequential 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 9780111026663

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.

This draft Order supersedes the one laid in the Scottish Parliament on 19th February 2015. It is being issued free of charge to all known recipients of that draft Order.

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

Judicial Appointments And Discipline

Sheriff Court

Made

Coming into force 1st April 2015

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. 2Modification of enactments
  3. Signature
  4. Schedule: Modification of Enactments
  5. Part 1: Modification of primary legislation
  6. 1Law Reform (Miscellaneous Provisions) (Scotland) Act 1966
  7. 2Hovercraft Act 1968
  8. 3Administration of Justice (Scotland) Act 1972
  9. 4Insolvency Act 1986
  10. 5Criminal Procedure (Scotland) Act 1995
  11. 6Access to Justice Act 1999
  12. 7Antisocial Behaviour etc. (Scotland) Act 2004
  13. 8Inquiries Act 2005
  14. 9Bankruptcy and Diligence etc. (Scotland) Act 2007
  15. Part 2: Modification of secondary legislation
  16. 10The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
  17. Explanatory note

1Citation and commencement

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

2Modification of enactments

The modifications in the schedule have effect.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

1Law Reform (Miscellaneous Provisions) (Scotland) Act 1966

In section 8(6) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966f1 (variation etc. of certain orders made by the Court of Session in respect of maintenance, custody etc.), in the definition of “sheriff”, for “paragraph (a), (b) or (j) of section 6 of the Sheriff Courts (Scotland) Act 1907” substitute “paragraphs (a), (b), (c) or (k) of section 43(2) of the Courts Reform (Scotland) Act 2014”.

2Hovercraft Act 1968

In section 2(1) of the Hovercraft Act 1968f1 (admiralty jurisdiction etc.), for “section 4 of the Sheriff Courts (Scotland) Act 1907” substitute “sections 38(2)(j) and 40 of the Courts Reform (Scotland) Act 2014”.

3Administration of Justice (Scotland) Act 1972

In section 1(3) of the Administration of Justice (Scotland) Act 1972f1 (powers of courts to order inspection of documents or other property, etc.), for “section 16 of the Administration of Justice (Scotland) Act 1933” substitute “section 103(1) of the Courts Reform (Scotland) Act 2014”.

4Insolvency Act 1986

In section 414 of the Insolvency Act 1986f1 (fees orders (company insolvency proceedings)), subsection (9) is repealed.

5Criminal Procedure (Scotland) Act 1995

In section 8(2) of the Criminal Procedure (Scotland) Act 1995f1 (sittings of sheriff and JP courts), for “section 17(1)(b) of the Sheriff Courts (Scotland) Act 1971” substitute “section 28(1) of the Courts Reform (Scotland) Act 2014”.

6Access to Justice Act 1999

(1)

Section 68 of the Access to Justice Act 1999f1 (judges holding office in European or international courts) is amended as follows.

(2)

In subsection (3)(a), for “section 14 of the Sheriff Courts (Scotland) Act 1907” substitute “section 16 of the Courts Reform (Scotland) Act 2014”.

(3)

In subsection (4), for “section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal)” substitute “section 6 of the Courts Reform (Scotland) Act 2014 (temporary sheriff principal)”.

7Antisocial Behaviour etc. (Scotland) Act 2004

In section 40 of the Antisocial Behaviour etc. (Scotland) Act 2004f1 (interpretation of part 4), in the definition of “court day” for the words from “section 17(1)(b)” to “(c.46))” substitute “section 28(1) of the Courts Reform (Scotland) Act 2014 (asp 18)”.

8Inquiries Act 2005

(1)

Section 10 of the Inquiries Act 2005f1 (appointment of judge as panel member) is amended as follows.

(2)

In the first column of the table in subsection (1) (description of judge), for “or sheriff” substitute “, sheriff or summary sheriff”.

(3)

Subsection (2) is repealed.

9Bankruptcy and Diligence etc. (Scotland) Act 2007

In section 114(4) of the Bankruptcy and Diligence etc. (Scotland) Act 2007f1 (audit of report of sale), for “section 2 of the Courts of Law Fees (Scotland) Act 1895 (c.14)” substitute “section 107(1) of the Courts Reform (Scotland) Act 2014 (asp 18)”.

10The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

In part 2 of schedule 4 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013f1 (excepted professions, offices, employments and occupations), for paragraph 27 substitute—

“27.

Members mentioned in section 21(4)(d) of the Courts Reform (Scotland) Act 2014 of a tribunal constituted under section 21(1) or (2) of that Act to consider the fitness for office of a person holding a judicial office mentioned in section 21(3) of that Act.”.

Explanatory note

(This note is not part of the Order)

This Order makes provision in consequence of the coming into force of certain provisions of the Courts Reform (Scotland) Act 2014 (“the Act”). This Order comes into force on 1st April 2015.

Article 2 of, and the schedule to, the Order make provision modifying primary and secondary legislation.

The modifications are in consequence of provisions of the Act which—

  • repeal and re-enact provisions of the Courts of Law Fees (Scotland) Act 1895;

  • repeal and re-enact provisions of the Sheriff Courts (Scotland) Acts 1907 and 1971;

  • repeal and re-enact provisions of the Court of Session Act 1988; and

  • introduce the office of summary sheriff.