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

S.S.I. 2016/387 · Made 22 November 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

Scottish Land Court

Sheriff Appeal Court

Sheriff Court

Justice Of The Peace Court

Made 22nd November 2016

Coming into force 28th November 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 107(4) and 137 of the Courts Reform (Scotland) Act 2014f1 and all other powers enabling them to do so.

In accordance with section 133(2) 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. 2Relevant officer for the purposes of section 107 of the Courts Reform (Scotland) Act 2014
  3. 3Modification of enactments
  4. 4Transitional provisions
  5. Signature
  6. Schedule 1: Introduction of simple procedure etc.
  7. Part 1: Modification of primary legislation
  8. 1Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
  9. 2Debtors (Scotland) Act 1987
  10. 3Debt Arrangement and Attachment (Scotland) Act 2002
  11. Part 2: Modification of secondary legislation
  12. 4The Small Claims (Scotland) Order 1988
  13. 5The Legal Aid (Scotland) Act 1986 Amendment Regulations 1988
  14. 6The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999
  15. 7The Small Claims (Scotland) Amendment Order 2007
  16. 8Consequential amendment of transitory provisions
  17. Schedule 2: Repeal of the Vexatious Actions (Scotland) Act 1898
  18. Part 1: Modification of primary legislation
  19. 1Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
  20. 2Trade Union and Labour Relations (Consolidation) Act 1992
  21. Part 2: Modification of secondary legislation
  22. 3The Employment Tribunals Rules of Procedure 2013
  23. Schedule 3: Sheriff Appeal Court: General amendments
  24. Part 1: Modification of primary legislation
  25. 1Legal Aid (Scotland) Act 1986
  26. 2Proceeds of Crime (Scotland) Act 1995
  27. 3Proceeds of Crime Act 2002
  28. 4Antisocial Behaviour etc. (Scotland) Act 2004
  29. 5Tobacco and Primary Medical Services (Scotland) Act 2010
  30. 6Public Records (Scotland) Act 2011
  31. 7Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
  32. Part 2: Modification of secondary legislation
  33. 8The Antisocial Behaviour Notice (Appeals against Order as to Rent Payable) (Scotland) Regulations 2005
  34. 9Children’s Legal Assistance (Scotland) Regulations 2013
  35. Schedule 4: Sheriffs, summary sheriffs and stipendiary magistrates
  36. Part 1: Modification of primary legislation
  37. 1Scottish Land Court Act 1993
  38. 2Local Government etc. (Scotland) Act 1994
  39. 3Police and Fire Reform (Scotland) Act 2012
  40. Part 2: Modification of secondary legislation
  41. 4Justices of the Peace (Scotland) Order 2007
  42. Explanatory note

1Citation and commencement

This Order may be cited as the Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 and comes into force on 28th November 2016.

2Relevant officer for the purposes of section 107 of the Courts Reform (Scotland) Act 2014

In section 107(3) of the Courts Reform (Scotland) Act 2014 (power to provide for fees for SCTS, court clerks and other officers), after paragraph (c) in the definition of “relevant officer”, insert—

“(ca)

the auditor of the Sheriff Appeal Court,”.

3Modification of enactments

Schedules 1 to 4 have effect.

4Transitional provisions

(1)

The modifications in schedule 1, other than paragraph 8, do not apply to a small claim within the meaning of section 35(2) of the Sheriff Courts (Scotland) Act 1971f1.

(2)

The modifications in schedule 3 do not apply to appeals heard—

(a)

by the High Court of Justiciary, by virtue of article 6 or 7 of the Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015f2 (transitional provisions relating to certain criminal appeals); or

(b)

by a sheriff principal or by the Court of Session, by virtue of article 3 or 4 of the Courts Reform (Scotland) Act 2014 (Commencement No. 5, Transitional and Saving Provisions) Order 2015f3 (transitional provisions relating to civil appeals).

Signature

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

22nd November 2016

1Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

The following provisions of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985f1 are repealed—

(a)

section 17 (power of sheriff to order sheriff clerk to execute deeds relating to heritage);

(b)

section 18 (small claims);

(c)

section 20 (removal of prohibition of sheriffs principal and sheriffs accepting appointment to certain offices);

(d)

in schedule 2 (amendment of enactments), paragraph 12; and

(e)

in schedule 4 (repeals), the entry relating to section 6(1)(b) of the Sheriff Courts (Scotland) Act 1971.

2Debtors (Scotland) Act 1987

(1)

The Debtors (Scotland) Act 1987f1 is amended as follows.

(2)

In section 15A(3)f2 (diligence on the dependence of action), for paragraph (b) substitute—

“(b)

a simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014); and”.

(3)

In section 103(1) (appeals), after “and section 38 of the Sheriff Courts (Scotland) Act 1971 (appeal in summary causes)” insert, “and section 82 of the Courts Reform (Scotland) Act 2014 (appeals from simple procedure cases)”.

3Debt Arrangement and Attachment (Scotland) Act 2002

(1)

The Debt Arrangement and Attachment (Scotland) Act 2002f1 is amended as follows.

(2)

In section 9A(4)f2 (interim attachment), in the definition of “action”, for paragraph (b) substitute—

“(b)

a simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014); and”.

(3)

Section 43 (power to provide for lay representation) is repealed.

4The Small Claims (Scotland) Order 1988

The Small Claims (Scotland) Order 1988f1 is revoked.

5The Legal Aid (Scotland) Act 1986 Amendment Regulations 1988

The Legal Aid (Scotland) Act 1986 Amendment Regulations 1988f1 are revoked.

6The Transfer of Functions (Lord Advocate and Secretary of State) Order 1999

In the schedule of the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (functions transferred from the Lord Advocate to the Secretary of State)f1, omit the entry relating to the Sheriff Courts (Scotland) Act 1971.

7The Small Claims (Scotland) Amendment Order 2007

The Small Claims (Scotland) Amendment Order 2007f1 is revoked.

8Consequential amendment of transitory provisions

(1)

In article 6 of the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 (transitory provision: summary cause proceedings)f1—

(a)

omit paragraph (1); and

(b)

in each of paragraphs (2) and (3), for “were” in each place where it occurs substitute “includes”.

(2)

In the Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015—

(a)

in article 10 (proceedings in an all-Scotland sheriff court: transfer to summary cause procedure)—

(i)

omit paragraph (1);

(ii)

in paragraph (2), for “were” substitute “include”; and

(iii)

in paragraph (3), for “were” substitute “includes”;

(b)

in article 11 (remit of cases other than summary causes to the Court of Session)—

(i)

omit paragraph (1); and

(ii)

in paragraph (2), for “were” substitute “include”; and

(c)

in article 12 (summary sheriff to have competence in relation to summary causes)—

(i)

omit paragraph (1); and

(ii)

in paragraph (2), for “were” substitute “includes”.

1Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

Section 19 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980f1 (vexatious litigants) is repealed.

2Trade Union and Labour Relations (Consolidation) Act 1992

In section 256A(4)(c) of the Trade Union and Labour Relations (Consolidation) Act 1992f1 (vexatious litigants), at the end, insert “or a vexatious litigation order made under section 100 of the Courts Reform (Scotland) Act 2014”.

3The Employment Tribunals Rules of Procedure 2013

In rule 102 of the Employment Tribunals Rules of Procedure 2013f1 (vexatious litigants), after “Vexatious Actions (Scotland) Act 1898” insert “, section 100 of the Courts Reform (Scotland) Act 2014”.

1Legal Aid (Scotland) Act 1986

(1)

The Legal Aid (Scotland) Act 1986 is amended as follows.

(2)

In section 28D (availability of children’s legal aid: child)f1—

(a)

in subsection (1), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(b)

in subsection (4) , for “sheriff principal” substitute “Sheriff Appeal Court”.

(3)

In section 28E (availability of children’s legal aid: relevant person)f2—

(a)

in subsection (1)(b), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(b)

in subsection (4), for “sheriff principal” substitute “Sheriff Appeal Court”.

(4)

In section 28F(1) (availability of children’s legal aid: appeals relating to deemed relevant person)f3—

(a)

in paragraph (d), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(b)

in paragraph (e)—

(i)

for “sheriff principal” substitute “Sheriff Appeal Court”; and

(ii)

for “sheriff principal’s” substitute “Sheriff Appeal Court’s”.

(5)

In section 28LA (power of Scottish Ministers to provide for children’s legal aid to be available to other persons in relation to court proceedings)f4—

(a)

in subsection (3)(d), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(b)

in subsection (5)(c), for “sheriff principal” substitute “Sheriff Appeal Court”.

2Proceeds of Crime (Scotland) Act 1995

In section 30(5)(c) of the Proceeds of Crime (Scotland) Act 1995f1 (restraint orders in relation to forfeitable property), after “, as the case may be,” insert “the Sheriff Appeal Court or”.

3Proceeds of Crime Act 2002

In section 92(13) of the Proceeds of Crime Act 2002f1 (making of confiscation order), after “High Court of Justiciary” insert “, the Sheriff Appeal Court”.

4Antisocial Behaviour etc. (Scotland) Act 2004

In section 72(6) of the Antisocial Behaviour etc. (Scotland) Act 2004f1 (appeals against orders under section 71), for “sheriff principal” substitute “Sheriff Appeal Court”.

5Tobacco and Primary Medical Services (Scotland) Act 2010

In section 18(2) of the Tobacco and Primary Medical Services (Scotland) Act 2010f1 (tobacco retailing banning orders etc.: notification to Scottish Ministers), for “sheriff principal” substitute “Clerk of the Sheriff Appeal Court”.

6Public Records (Scotland) Act 2011

In the schedule of the Public Records (Scotland) Act 2011f1 (authorities to which Part 1 applies), under the heading “Others”, after the entry relating to the Sheriff courts insert—

“Sheriff Appeal Court”.

7Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011

(1)

The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011f1 is amended as follows.

(2)

In section 4 (power to make forced marriage protection orders without application, etc.)—

(a)

in subsection (2)—

(i)

in paragraph (a), after “sheriff” insert “, the Sheriff Appeal Court”; and

(ii)

in paragraph (b), after “sheriff” insert “, the Sheriff Appeal Court”; and

(b)

in subsection (3), after “sheriff” insert “, the Sheriff Appeal Court”.

(3)

In section 14 (interpretation of Part), in the definition of “court”, at the end insert “and in sections 1, 2, 4 and 5 includes the Sheriff Appeal Court”.

8The Antisocial Behaviour Notice (Appeals against Order as to Rent Payable) (Scotland) Regulations 2005

In regulation 2(b) of the Antisocial Behaviour Notice (Appeals against Order as to Rent Payable) (Scotland) Regulations 2005f1, for “sheriff principal” substitute “Sheriff Appeal Court”.

9Children’s Legal Assistance (Scotland) Regulations 2013

(1)

The Children’s Legal Assistance (Scotland) Regulations 2013f1 are amended as follows.

(2)

In regulation 5(1) (children’s legal aid: individual), after “, sheriff principal or in” insert “the Sheriff Appeal Court or”.

(3)

In regulation 6(2) (distinct proceedings)—

(a)

in sub-paragraph (j) for “sheriff principal” substitute “Sheriff Appeal Court”;

(b)

in sub-paragraph (k) for “sheriff principal” substitute “Sheriff Appeal Court”;

(c)

in sub-paragraph (l) for “sheriff principal” substitute “Sheriff Appeal Court”;

(d)

in sub-paragraph (m) for “sheriff principal” substitute “Sheriff Appeal Court”;

(e)

in sub-paragraph (n) for “sheriff principal” substitute “Sheriff Appeal Court”;

(f)

in sub-paragraph (o) for “sheriff principal” substitute “Sheriff Appeal Court”; and

(g)

in sub-paragraph (q) for “sheriff principal” substitute “Sheriff Appeal Court”.

1Scottish Land Court Act 1993

In section 1(4) of the Scottish Land Court Act 1993f1 (the Land Court), the words “appointed under section 11” and “appointed under section 11A (appointment of part-time sheriffs) of the Sheriff Courts (Scotland) Act 1971” are repealed.

2Local Government etc. (Scotland) Act 1994

Section 50 of the Local Government etc. (Scotland) Act 1994f1 (stipendiary magistrates) is repealed.

3Police and Fire Reform (Scotland) Act 2012

In section 20(1)(e) of the Police and Fire Reform (Scotland) Act 2012f1 (constables: general duties), for “sheriff, justice of the peace or stipendiary magistrate” substitute “sheriff, summary sheriff or justice of the peace”.

4Justices of the Peace (Scotland) Order 2007

(1)

The Justices of the Peace (Scotland) Order 2007f1 is amended as follows.

(2)

In article 5(3) (appointments to JPAC), after “sheriff” in the second and third places where it occurs insert “or summary sheriff”.

(3)

In article 7 (appointments to JPAC – procedure)—

(a)

in paragraph (1)(a), after “sheriff” insert “or summary sheriff”; and

(b)

in paragraph (2), after “sheriff” insert “or summary sheriff”.

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 2014 Act”). This Order comes into force on 28th November 2016 which is the date that certain provisions of the 2014 Act come into force.

Article 2 adds the auditor of the Sheriff Appeal Court to the list of “relevant officers” in section 107(3) of the 2014 Act. This means that fees orders under section 107(1) may provide for the charging of fees by the auditor of the Sheriff Appeal Court.

Article 3 and the schedules of the Order make provision modifying primary and secondary legislation. Schedule 1 principally concerns the introduction of simple procedure under Chapter 1 of Part 3 of the 2014 Act. Article 4(1) provides that the modifications in schedule 1 do not apply to small claims.

Schedule 2 concerns the repeal of the Vexatious Actions (Scotland) Act 1898 (“the 1898 Act”) and the modifications reflect that orders under the 1898 Act will continue to apply.

Schedule 3 concerns the Sheriff Appeal Court in terms of both its criminal and civil jurisdiction and competence. Article 4(2) provides that the modifications in schedule 3 do not apply to appeals heard in forums other than the Sheriff Appeal Court by virtue of transitional provisions.

Schedule 4 concerns sheriffs, summary sheriffs and stipendiary magistrates (the office of stipendiary magistrate was abolished by virtue of section 128 of the 2014 Act on 1st April 2016).