Courts Reform (Scotland) Act 2014

CHAPTER 1 SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS

1 Sheriffdoms, sheriff court districts and sheriff courts

(1) For the purposes of the administration of justice, Scotland is to be divided into areas, each to be known as a “sheriffdom”.

(2) A sheriffdom is to comprise one or more areas, each to be known as a “sheriff court district”.

(3) Within each sheriff court district a place is to be designated at which the judiciary of the sheriffdom are to sit and hold court for the purpose of exercising their judicial functions; and such sittings are to be known as a “sheriff court”.

(4) The sheriffdoms and sheriff court districts existing immediately before the date on which this section comes into force are to continue to exist on and after that date, and are accordingly the first sheriffdoms and sheriff court districts for the purposes of subsections (1) and (2).

(5) On and after the date on which this section comes into force, sheriff courts are to continue to be held at the places at which they were held immediately before that date, and accordingly those places are the first places designated for the holding of sheriff courts for the purposes of subsection (3).

(6) Subsections (4) and (5) are subject to an order under section 2.

2 Power to alter sheriffdoms, sheriff court districts and sheriff courts

(1) The Scottish Ministers may, following submission of a proposal under subsection (2), by order do any of the following—

(a) alter the boundaries of sheriffdoms or sheriff court districts,

(b) abolish sheriffdoms or sheriff court districts,

(c) form new sheriffdoms or sheriff court districts,

(d) provide that sheriff courts are to be held, or to cease being held, at any place specified in the order.

(2) The Scottish Courts and Tribunals Service may, with the agreement of the Lord President of the Court of Session, submit a proposal to the Scottish Ministers for the making of an order under subsection (1).

(3) Before submitting a proposal to the Scottish Ministers, the Scottish Courts and Tribunals Service must consult such persons as it considers appropriate.

(4) If, following submission of a proposal, the Scottish Ministers decide to make an order, they must have regard to the proposal in deciding what provision to make in the order.

(5) The Scottish Ministers may make an order under subsection (1) only with the consent of—

(a) the Lord President, and

(b) the Scottish Courts and Tribunals Service.

(6) An order under subsection (1) may—

(a) abolish any office in consequence of any provision made under subsection (1),

(b) modify any enactment (including this Act).