SCHEDULEProvisions of the Act coming into force on 22nd September 2015

Article 2

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

Section 5

Summary sheriffs

For all remaining purposes

Section 10

Part-time summary sheriffs

For all remaining purposes

Section 39

Exclusive competence

For all remaining purposes

Sections 44 and 45

Summary sheriff: civil and criminal competence and jurisdiction

Section 46

The Sheriff Appeal Court

For all remaining purposes

Sections 47 and 48

Sheriff Appeal Court – appeals and status of decisions in precedent

For the purposes of the Sheriff Appeal Court’s criminal competence and jurisdiction

Section 57(1) and (2)

Sittings of the Sheriff Appeal Court

Section 58

Rehearing of pending case by a larger Sheriff Appeal Court

Sections 63 to 71

Civil jury trials in an all-Scotland sheriff court

Section 79

Proceedings in an all-Scotland sheriff court: transfer to simple procedure

Section 89

Judicial review(1)

Sections 92 to 94

Remit of cases to and from Court of Session, or to the Scottish Land Court

Section 99

Jury service

Section 108

Sanction for counsel in the sheriff court and Sheriff Appeal Court

Section 117

Appeals to the Supreme Court

Section 118

Appeals to the Sheriff Appeal Court from summary criminal proceedings

Section 119

Appeals from the Sheriff Appeal Court to the High Court

For all remaining purposes

Section 120

Power to refer points of law for the opinion of the High Court

Section 121

References by the Scottish Criminal Cases Review Commission

Section 122

Bail appeals

Section 132

Modification of enactments

For the purpose of bringing into force the provisions of schedule 5 listed in column 1 below

Schedule 1

Civil proceedings, etc. in relation to which summary sheriff has competence

Schedule 2

Appeal Sheriffs: temporary provision

For all remaining purposes

Paragraphs 1 to 9, 10(1) to (3), (6) and (7), 11 to 21, 23, 24 and 26 of schedule 3

Transfer of summary criminal appeal jurisdiction to the Sheriff Appeal Court

The following provisions of schedule 5—

Modifications of enactments

Paragraph 4(a)

Repeal of sections 4 to 7 of the Sheriff Courts (Scotland) Act 1907

For the purpose of repealing section 7 of the Sheriff Courts (Scotland) Act 1907

Paragraph 6(1) and (2)

Repeal of the 1971 Act, other than sections 2(3) and 3(4)(2)

For the purpose of repealing—

  1. a

    section 31 (privative jurisdiction); and

  2. b

    section 37(1)(b), (2A) and (2D) (remits to the Court of Session and the Scottish Land Court).

Paragraph 8

Amendment of the Judicial Pensions and Retirement Act 1993

Paragraph 14(1) to (3)

Amendment of the Legal Aid (Scotland) Act 1986

Paragraph 15

Amendment of the Criminal Procedure (Scotland) Act 1995

Paragraph 19

Amendment of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

Paragraph 24

Amendment of the Tribunals (Scotland) Act 2014

Paragraph 25

Repeal of section 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

Paragraph 32(1), (2) and (4)

Amendment of the 1988 Act

Paragraph 33

Repeal of section 40(3) of the Constitutional Reform Act 2005

(1)

Section 89 of the Act inserts sections 27A to 27D into the 1988 Act. Section 27B is amended by article 6 of the Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700).

(2)

Sections 2(3) and 3(4) were repealed by article 2(3) of S.I. 2015/700.