SCHEDULE 5MODIFICATIONS OF ENACTMENTS

(introduced by section 132)

PART 1SHERIFF COURTS

Promissory Oaths Act 1868

I111

In the Promissory Oaths Act 1868, in the second part of the Schedule (persons to take oaths of allegiance and judicial oaths), after “part-time sheriffs” insert “ , summary sheriffs, part-time summary sheriffs ”.

Promissory Oaths Act 1871

I132

In section 2 of the Promissory Oaths Act 1871 (persons before whom oaths are to be taken), for “or sheriff, or, for a part-time sheriff,” substitute “ , sheriff or summary sheriff, or, for a part-time sheriff or part-time summary sheriff, ”.

Sheriff Courts (Scotland) Act 1876

I143

In the Sheriff Courts (Scotland) Act 1876, section 54 (courts to make acts of sederunt) is repealed (so far as not previously repealed).

Sheriff Courts (Scotland) Act 1907

4

The following provisions of the Sheriff Courts (Scotland) Act 1907 are repealed—

I1I28a

sections 4 to 7 (jurisdiction, extension of jurisdiction, power of sheriff to order sheriff clerk to execute deeds relating to heritage, action competent in sheriff court and privative jurisdiction in causes under one thousand five hundred pounds value),

b

sections 10 and 11 (privilege not to exempt from jurisdiction and appointment of sheriffs and salaried sheriffs-substitute),

c

section 14 (salaries of sheriffs and sheriffs-substitute),

d

section 17 (honorary sheriff-substitute),

I39e

sections 27 to 29 (appeal to sheriff, appeal to Court of Session and effect of appeal),

I2f

sections 39 and 40 (procedure rules and Court of Session to regulate fees etc.),

g

section 50 (summary applications),

h

Schedule 1 (ordinary cause rules 1993).

Sheriff Courts (Scotland) Act 1971

6

I3I29I481

The Sheriff Courts (Scotland) Act 1971 is amended in accordance with this paragraph.

I3I29I482

The whole Act, apart from sections 2(3) and 3(4), is repealed.

3

In section 2(3) (compensation for loss of office), for “subsection (1) above includes, by virtue of subsection (2)(a) above,” substitute “ section 2(1) of the Courts Reform (Scotland) Act 2014 includes ”.

4

In section 3(4) (compensation for loss of employment), for “subsection (2) above” substitute “ section 2(1) of the Courts Reform (Scotland) Act 2014 ”.

Civil Jurisdiction and Judgments Act 1982

I177

In section 20(3) of the Civil Jurisdiction and Judgments Act 1982 (rules as to jurisdiction in Scotland)—

a

for the opening words substitute “ Section 43 of the Courts Reform (Scotland) Act 2014 does not apply— ”,

b

in paragraph (a), the words “to the extent that it determines jurisdiction” are repealed.

Judicial Pensions and Retirement Act 1993

I308

In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (relevant offices for the purposes of retirement provisions)—

a

for the entry for “Sheriff principal or sheriff in Scotland” substitute— “ Sheriff principal, sheriff or summary sheriff in Scotland ”,

b

after the entry for “Part-time sheriff in Scotland”, insert— “ Part-time summary sheriff in Scotland ”,

c

the entry for “Stipendiary magistrate in Scotland” is repealed.

Judiciary and Courts (Scotland) Act 2008

I89

1

The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.

2

The following provisions are repealed—

a

sections 24 to 26 (amendments of Sheriff Courts (Scotland) Act 1971 relating to sheriffs principal, sheriffs and part-time sheriffs),

b

section 40 (amendments of the 1971 Act relating to consideration of fitness for, and removal from, shrieval office),

c

sections 47 to 56 (miscellaneous amendments of the 1971 Act relating to the sheriff courts),

d

section 64(1) and (2) (amendments of the 1971 Act relating to remuneration and allowances of certain judicial office holders),

e

in section 72 (interpretation), the definition of “the 1971 Act”,

f

in schedule 5, paragraph 2 (consequential amendments of the 1971 Act).

3

In subsection (1) of section 10 (judicial offices within the remit of the Judicial Appointments Board for Scotland), after paragraph (f) insert—

fza

the office of summary sheriff,

fzb

the office of part-time summary sheriff,

4

In section 43 (meaning of “judicial office holder”)—

a

in subsection (1), for paragraph (c) substitute—

c

a person acting as a sheriff or as a summary sheriff by virtue of section 12(1) or 13(5) of the Courts Reform (Scotland) Act 2014.

b

in subsection (2), after paragraph (g) insert—

ga

the office of summary sheriff,

gb

the office of part-time summary sheriff,

5

In section 62(1)(c) (administrative support to be provided by the Scottish Courts and Tribunals Service), for “section 15 to 17 of the 1971 Act” substitute “ sections 27 and 28 of the Courts Reform (Scotland) Act 2014 ”.

6

In section 72 (interpretation)—

a

in the definition of “office of part-time sheriff” for “11A, or a reappointment under section 11B(5) or (7), of the 1971 Act” substitute “ 8(1), or a reappointment under section 9(1) or (3), of the Courts Reform (Scotland) Act 2014 ”,

b

after the definition of “office of part-time sheriff” insert—

“office of part-time summary sheriff” means an appointment under section 10(1), or a reappointment under section 11(1) or (3), of the Courts Reform (Scotland) Act 2014, and references to suspension from that office are to be construed accordingly,

c

in the definition of “office of temporary sheriff principal” for “11(1) or (1A) of the 1971 Act” substitute “ 6(2) of the Courts Reform (Scotland) Act 2014 ”.

PART 2SHERIFF APPEAL COURT

Public Records (Scotland) Act 1937

I1811

1

The Public Records (Scotland) Act 1937 is amended in accordance with this paragraph.

2

After section 1, insert—

1ASheriff Appeal Court records

1

The records of the Sheriff Appeal Court are to be transmitted to the Keeper at such times, and subject to such conditions as may be prescribed—

a

in relation to records relating to criminal proceedings, by act of adjournal,

b

in relation to other records, by act of sederunt.

2

An act of adjournal or act of sederunt under subsection (1) may—

a

fix different times and conditions of transmission for different descriptions or records,

b

make provision for—

i

re-transmission of records to the High Court of Justiciary, the Court of Session or the Sheriff Appeal Court when such re-transmission is necessary for the purposes of proceedings in any of the Courts, and

ii

the return to the Keeper of any records so re-transmitted as soon as they have ceased to be required for such a purpose.

3

Before making an act of adjournal or act of sederunt under subsection (1), the High Court of Justiciary or, as the case may be, the Court of Session must consult the Keeper.

3

In section 2(2) (re-transmission of sheriff court records from the Keeper to the courts)—

a

after “Session” in the first place it occurs insert “ , the Sheriff Appeal Court ”,

b

after “Session” in the second place it occurs insert “ , of an Appeal Sheriff ”.

4

In section 2A(3) (re-transmission of JP court records from the Keeper to the courts)—

a

after “Session,” in the first place it occurs insert “ the Sheriff Appeal Court, ”,

b

after “Session” in the second place it occurs insert “ , of an Appeal Sheriff ”.

5

In section 14(1) (interpretation), after the definition of “records of the Court of Session” and “records of the High Court of Justiciary” insert—

the expression “records of the Sheriff Appeal Court” includes the registers, minute books, processes, writs or documents belonging to or in the custody of the Sheriff Appeal Court;

Administration of Justice (Scotland) Act 1972

12

I41

Section 1 of the Administration of Justice (Scotland) Act 1972 (powers of courts to order inspection of documents or other property etc.) is amended in accordance with this paragraph.

I402

In subsection (1), after “Session” insert “ , of the Sheriff Appeal Court ”.

I403

In subsection (1A), after “Session” insert “ , of the Sheriff Appeal Court ”.

I44

In subsection (3), after “sheriff court” insert “ and the Sheriff Appeal Court ”.

Civil Jurisdiction and Judgments Act 1982

I4113

In section 50 of the Civil Jurisdiction and Judgments Act 1982 (interpretation), in the definition of “court of law”, in paragraph (c) after “Session” insert “ , the Sheriff Appeal Court ”.

Criminal Procedure (Scotland) Act 1995

I3215

In section 304 of the Criminal Procedure (Scotland) Act 1995 (Criminal Courts Rules Council), in subsection (2)(c), before sub-paragraph (i) insert—

zi

one Appeal Sheriff;

Judiciary and Courts (Scotland) Act 2008

I916

1

The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.

2

In section 2 (Head of the Scottish Judiciary)—

a

after subsection (2) insert—

2A

If, in carrying out the responsibility mentioned in subsection (2)(a), the Lord President gives a direction of an administrative character to the President of the Sheriff Appeal Court, the President must comply with the direction.

b

in subsection (6), after paragraph (e) insert—

ea

the Sheriff Appeal Court,

3

In subsection (2) of section 43 (meaning of “judicial office holder”), after paragraph (c) insert—

ca

the office of Appeal Sheriff,

4

In section 62 (Scottish Court Service to provide administrative support for other persons), in subsection (1), after paragraph (b) insert—

ba

the President of the Sheriff Appeal Court in the carrying out of functions under section 56 of the Courts Reform (Scotland) Act 2014,

Criminal Justice and Licensing (Scotland) Act 2010

I3817

1

The Criminal Justice and Licensing (Scotland) Act 2010 is amended in accordance with this paragraph.

2

In section 6 (effect of sentencing guidelines)—

a

for subsection (4), substitute—

4

Subsection (5) applies where, on an appeal in any case—

a

the High Court of Justiciary passes another sentence under one of the following provisions of the 1995 Act—

i

section 118(3),

ii

section 118(4)(b),

iii

section 118(4A)(b),

iv

section 118(4A)(c)(ii), or

b

the Sheriff Appeal Court or the High Court passes another sentence under section 189(1)(b) of that Act.

b

in subsection (5), after “Court” insert “ or, as the case may be, the Sheriff Appeal Court ”.

3

After section 8, insert—

8ASheriff Appeal Court's power to require preparation or review of sentencing guidelines

1

Where the Sheriff Appeal Court pronounces an opinion under section 189(7) of the 1995 Act, the Court may require the Council to—

a

prepare, for the approval of the High Court of Justiciary, sentencing guidelines on any matter, or

b

review any sentencing guidelines published by the Council on any matter.

2

On making a requirement under subsection (1), the Sheriff Appeal Court must state its reasons for doing so.

3

The Council must comply with a requirement made under subsection (1) and, in doing so, must have regard to the Sheriff Appeal Court's reasons for making the requirement.

4

In section 9 (publication of High Court guideline judgments)—

a

in subsection (1), for “or 189(7) of the 1995 Act” substitute “ of the 1995 Act and opinions of the Sheriff Appeal Court or the High Court pronounced under section 189(7) of that Act ”,

b

in subsection (2), after “High Court” insert “ or the Sheriff Appeal Court ”,

c

the title of the section becomes “ Publication of High Court and Sheriff Appeal Court guideline judgments ”.

5

In section 13 (annual report of the Scottish Sentencing Council), in subsection (3)—

a

the word “and” immediately following paragraph (d) is repealed,

b

after paragraph (e) insert

, and

f

requirements made by the Sheriff Appeal Court under section 8A and of the Council's response to them.

PART 3CIVIL JURY TRIALS

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

I3319

1

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 is amended in accordance with this paragraph.

2

In section 2(2) (fining of jurors in civil proceedings for non-attendance), after paragraph (a) insert—

aa

by the sheriff where imposed in the sheriff court;

3

In section 11 (no jury trial in civil actions in the sheriff court), after subsection (1) insert—

1A

Subsection (1) is subject to section 63 (civil jury trials in all-Scotland sheriff courts) of the Courts Reform (Scotland) Act 2014.

PART 4SIMPLE PROCEDURE

Heritable Securities (Scotland) Act 1894

20

In section 5 of the Heritable Securities (Scotland) Act 1894 (power to eject proprietor in personal occupation), after subsection (2) insert—

2A

Subsection (2) is subject to section 72(3) of the Courts Reform (Scotland) Act 2014 (which provides for certain proceedings for the recovery of heritable property to be subject to simple procedure).

Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963

21

The Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963 is repealed.

Conveyancing and Feudal Reform (Scotland) Act 1970

22

In section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (application by creditor to court for remedies on default), after subsection (1D) insert—

1E

Subsection (1D) is subject to section 72(3) of the Courts Reform (Scotland) Act 2014 (which provides for certain proceedings for the recovery of heritable property to be subject to simple procedure).

PART 5JUDICIAL REVIEW

Tribunals (Scotland) Act 2014

I3424

After section 57 of the Tribunals (Scotland) Act 2014 insert—

57AProcedural steps where petition remitted

1

This section applies where the Court of Session remits a petition for judicial review under section 57(2).

2

It is for the Upper Tribunal to determine—

a

whether the petition has been made timeously, and

b

whether to grant permission for the petition to proceed under section 27B of the Court of Session Act 1988 (“the 1988 Act”) (requirement for permission).

3

Accordingly—

a

the Upper Tribunal has the same powers in relation to the petition as the Court of Session would have had in relation to it under sections 27A to 27C of the 1988 Act,

b

sections 27C and 27D of that Act apply in relation to a decision of the Upper Tribunal under section 27B(1) of that Act as they apply in relation to such a decision of the Court of Session.

4

The references in section 27C(3) and (4) of the 1988 Act (oral hearings where permission refused) to a different Lord Ordinary from the one who refused or granted permission are to be read as references to different members of the Tribunal from those of whom it was composed when it refused or granted permission.

PART 6REMIT OF CASES BETWEEN COURTS

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

I3525

In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 14 (remit from Court of Session to sheriff) is repealed.

PART 7REGULATION OF PROCEDURE AND FEES

Courts of Law Fees (Scotland) Act 1895

I2226

In the Courts of Law Fees (Scotland) Act 1895, section 2 (power of Scottish Ministers to regulate court fees) is repealed.

Vexatious Actions (Scotland) Act 1898

I5027

The Vexatious Actions (Scotland) Act 1898 is repealed.

Execution of Diligence (Scotland) Act 1926

I2328

In the Execution of Diligence (Scotland) Act 1926, section 6 (regulations, forms and fees) is repealed.

Administration of Justice (Scotland) Act 1972

I1929

In section 1(3) of the Administration of Justice (Scotland) Act 1972 (powers of courts to order inspection of documents or other property etc.), for “section 32 of the Sheriff Courts (Scotland) Act 1971” substitute “ section 104(1) of the Courts Reform (Scotland) Act 2014 ”.

Court of Session Act 1988

I530

1

The Court of Session Act 1988 is amended in accordance with this paragraph.

2

In section 2(4) (composition of the Court), for “section 5(ba) below,” substitute “ an act of sederunt under section 103(1) of the Courts Reform (Scotland) Act 2014, ”.

3

Sections 5 (power to regulate procedure etc. by act of sederunt), 5A (rules for lay representation) and 6 (allocation of business etc. by act of sederunt) are repealed.

4

In section 26(3) (summary trials), for “this Act” substitute “ section 103(1) of the Courts Reform (Scotland) Act 2014 ”.

PART 8CIVIL APPEALS

Court of Session Act 1988

32

I361

The Court of Session Act 1988 is amended in accordance with this paragraph.

I362

Section 24 (appeal to the Supreme Court in exchequer causes) is repealed.

I433

In section 32 (appeals)—

a

in subsection (1), for “sheriff principal or sheriff under section 28 of the Sheriff Courts (Scotland) Act 1907” substitute “ Sheriff Appeal Court under section 113 of the Courts Reform (Scotland) Act 2014 or the judgment of a sheriff principal under section 114 of that Act ”,

b

in each of subsections (2) and (4), for “sheriff principal or sheriff” substitute “ Sheriff Appeal Court or, as the case may be, the sheriff principal ”.

I364

In section 52 (consequential amendments, repeals and savings), subsection (3) is repealed.

Constitutional Reform Act 2005

I3733

In section 40 of the Constitutional Reform Act 2005 (jurisdiction of the Supreme Court), subsection (3) is repealed.

PART 9JUDGES OF THE COURT OF SESSION

Promissory Oaths Act 1868

I1234

In the Promissory Oaths Act 1868, in the Second Part of the Schedule, for “35(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990” substitute “ 20B(1) of the Judiciary and Courts (Scotland) Act 2008 ”.

Administration of Justice Act 1973

I4435

In section 9 of the Administration of Justice Act 1973 (judicial salaries), subsection (5) is repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

I2136

Section 22 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (re-employment of retired judges) is repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

I2537

1

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended in accordance with this paragraph.

2

In section 35 (judicial appointments)—

a

subsections (1) and (3) are repealed,

b

in subsection (2), for “the said Schedule” substitute “ Schedule 4 ”.

3

In Schedule 4 (judicial appointments), paragraphs 1 to 3 and 5 to 11 are repealed.

Judiciary and Courts (Scotland) Act 2008

I1038

1

The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.

2

In section 43(1)(b) (meaning of “judicial office holder”), for “22(1) or (4) (re-employment of retired Court of Session judges) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73)” substitute “ 20E(1) (re-employment of former judges) or 20F(3) (re-employment of former judges: further provision) ”.

3

In section 64 (amendments of enactments relating to remuneration and allowances of re-employed retired judges and temporary judges), subsections (3) and (4) are repealed.

4

In section 72 (interpretation), in the definition of “office of temporary judge”, for “35(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40)” substitute “ 20B(1) (temporary judges) ”.

PART 10JUSTICE OF THE PEACE COURTS

Criminal Procedure (Scotland) Act 1995

I4539

1

The Criminal Procedure (Scotland) Act 1995 is amended in accordance with this paragraph.

2

In section 6(2) (constitution of JP courts), for “stipendiary magistrate” substitute “ summary sheriff ”.

3

In section 7 (jurisdiction and powers of JP courts), subsection (5) is repealed.

4

In section 245A (restriction of liberty orders), subsection (9) is repealed.

5

In section 248C(1) (power to prescribe courts to which sections 248A and 248B apply), the words from “and, without prejudice” to the end are repealed.

6

In section 249(8) (compensation orders)—

a

in paragraph (a), the words “, or a stipendiary magistrate,” are repealed, and

b

in paragraph (b), the words “(other than a stipendiary magistrate)” are repealed.

7

In section 307(1) (interpretation)—

a

in the definition of “justice”, the words “stipendiary magistrate or” are repealed, and

b

the definition of “stipendiary magistrate” is repealed.

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

I4640

1

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended in accordance with this paragraph.

2

In section 61(3)(a) (efficient disposal of business in JP courts), for “stipendiary magistrate” substitute “ summary sheriff ”.

3

In section 62 (area and territorial jurisdiction of JP courts)—

a

in each of subsections (4), (5), (6) and (7), the words “or stipendiary magistrate” in each place they appear are repealed,

b

in subsection (4), the words “or (as the case may be) magistrate” are repealed,

c

in subsection (7)(a), the words “or (as the case may be) stipendiary magistrate” are repealed.

4

In section 63 (constitution and powers etc. of JP courts), in each of subsections (2) and (5)(a), for “stipendiary magistrate” substitute “ summary sheriff ”.

5

The following sections are repealed—

a

section 74 (appointment of stipendiary magistrates),

b

section 74A (exercise of functions by stipendiary magistrates),

c

section 75 (stipendiary magistrates: further provision).

6

In section 76 (signing functions)—

a

in subsection (1), the words “or a stipendiary magistrate” are repealed,

b

in subsection (5), the words “, stipendiary magistrate” are repealed.

7

In section 77 (records and validity of appointment)—

a

in subsection (1), in each of paragraphs (a) and (b)(ii), the words “or stipendiary magistrate” are repealed,

b

in subsection (2), the words “and stipendiary magistrates” are repealed,

c

subsection (5) is repealed.

Judiciary and Courts (Scotland) Act 2008

I4741

In subsection (2) of section 43 of the Judiciary and Courts (Scotland) Act 2008 (meaning of “judicial office holder”), paragraph (h) is repealed.

PART 11MISCELLANEOUS

Judicial Offices (Salaries, &c.) Act 1952

I2642

The Judicial Offices (Salaries, &c.) Act 1952 is repealed.

Court of Session Act 1988

I643

In section 51 of the Court of Session Act 1988 (interpretation), in the definition of “enactment”, after “sederunt” insert “ and an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament ”.

Criminal Procedure (Scotland) Act 1995

I744

In section 85(4) of the Criminal Procedure (Scotland) Act 1995 (citation of jurors), the words “by registered post or recorded delivery” are repealed.

Interpretation and Legislative Reform (Scotland) Act 2010

I2745

In schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (definitions of words and expressions), for the entry for “sheriff” substitute—

“sheriff” is to be construed in accordance with section 134(2) and (3) of the Courts Reform (Scotland) Act 2014,