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The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016

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

Draft 2016, ISBN 9780111030707

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.

Juries

Lands Tribunal

Police

Prisons

Sheriff Court

Tribunals And Inquiries

Scottish Courts And Tribunals Service

Made 2016

Coming into force 1st April 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. 2Lands Tribunal Act 1949
  3. 3Scottish Civil Justice Council and Criminal Legal Assistance Act 2013
  4. 4Tribunals (Scotland) Act 2014
  5. 5Modification of enactments
  6. Signature
  7. Schedule: Abolition of the office of stipendiary magistrate and introduction of the office of summary sheriff
  8. 1Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
  9. 2Prisons (Scotland) Act 1989
  10. 3Criminal Justice (Scotland) Act 2003
  11. 4Criminal Justice and Licensing (Scotland) Act 2010
  12. 5Police and Fire Reform (Scotland) Act 2012
  13. Explanatory note

1Citation and commencement

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

2Lands Tribunal Act 1949

In section 2(6) of the Lands Tribunal Act 1949f1 (members, officers and expenses of Lands Tribunal for Scotland), for “There may be paid” substitute “The Scottish Courts and Tribunals Service is to pay”.

3Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

In section 16 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013f1 (interpretation of Part 1), after the entry relating to draft civil procedure rules insert—

“draft fees rules” has the meaning given in section 2(6A)f2,”.

4Tribunals (Scotland) Act 2014

In section 27(5)(c)(ii) of the Tribunals (Scotland) Act 2014f1 (listed tribunals), for “section 12A of the Sheriff Courts (Scotland) Act 1971” substitute “section 21 of the Courts Reform (Scotland) Act 2014”.

5Modification 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 1980

In Group A of Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980f1 (persons ineligible for jury service: the judiciary), after paragraph (c) insert—

“(ca)

summary sheriffs;”.

2Prisons (Scotland) Act 1989

(1)

Section 15 of the Prisons (Scotland) Act 1989f1 (right of sheriff or justice to visit prison) is amended as follows.

(2)

In sub-section (1), after “sheriff” insert “, summary sheriff”.

(3)

In sub-section (2), after “sheriff” insert “, summary sheriff”.

3Criminal Justice (Scotland) Act 2003

In section 42 of the Criminal Justice (Scotland) Act 2003f1 (drugs courts), for subsection (2) substitute—

“(2)

It may be prescribed that there is to be a drugs court within a sheriffdom or sheriff court district, in which case the sheriff principal is, subject to subsection (1), to nominate a court within that sheriffdom or, as the case may be, sheriff court district to be a drugs court.”.

4Criminal Justice and Licensing (Scotland) Act 2010

In paragraph 1(3)(c) of schedule 1 to the Criminal Justice and Licensing (Scotland) Act 2010f1 (the Scottish Sentencing Council: membership), for “justice of the peace or stipendiary magistrate” substitute “summary sheriff or justice of the peace”.

5Police and Fire Reform (Scotland) Act 2012

(1)

The Police and Fire Reform (Scotland) Act 2012f1 is amended as follows.

(2)

In section 10(1) (declaration of constable of the Police Service of Scotland)f2, after “sheriff” insert “, summary sheriff”.

(3)

In section 16(3) (temporary service as constable of the Police Service of Scotland), after “sheriff” insert “, summary sheriff”.

Explanatory note

(This note is not part of the Order)

This Order makes provision principally in consequence of the coming into force of certain provisions of the Courts Reform (Scotland) Act 2014 (“the Act”) on 1st April 2016 (articles 2 and 5 and the Schedule). This Order comes into force on the same date.

Article 2 transfers responsibility for the payment of remuneration etc. in connection with the Lands Tribunal for Scotland to the Scottish Courts and Tribunals Service, in consequence of the transfer of responsibility for equivalent payments in connection with courts by virtue of sections 16(12) and (13), 124 and 126 of the Act.

Articles 3 and 4 make amendments which are consequential on provisions of the Act commenced on 1st April 2015, namely paragraph 31 of Part 7 of schedule 5 to the Act (amending the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013) and section 21 of the Act (replacing section 12A of the Sheriff Courts (Scotland) Act 1971).

Article 5 introduces the Schedule to the Order which amends primary legislation in consequence of the abolition of the office of stipendiary magistrate and the introduction of the office of summary sheriff.