2015 No. 378 (C. 47)
The Courts Reform (Scotland) Act 2014 (Commencement No. 5, Transitional and Saving Provisions) Order 2015
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 138(2) and (3) of the Courts Reform (Scotland) Act 20141 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 5, Transitional and Saving Provisions) Order 2015 and comes into force on 1st January 2016.
2
In this Order—
“the Act” means the Courts Reform (Scotland) Act 2014; and
“the 1907 Act” means the Sheriff Courts (Scotland) Act 19072.
Appointed day2
1
Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 1st January 2016.
2
Where a purpose is specified in column 3 of the table in the Schedule, a provision specified in column 1 of that table comes into force only for that purpose.
Appeals – general3
Despite the repeal of sections 27 to 29 of the 1907 Act (appeals from sheriffs or sheriffs principal) by paragraph 4(e) of schedule 5 to the Act, those sections continue to apply—
a
to a decision of a sheriff made before 1st January 2016; and
b
to an appeal against a decision of a sheriff principal in an appeal under section 27 of the 1907 Act.
Appeals – summary causes4
In relation to a decision of a sheriff made on or after 1st January 2016, section 38 of the Sheriff Courts (Scotland) Act 19713 (appeal in summary causes) applies as if the references to the sheriff principal were references to the Sheriff Appeal Court.
All-Scotland sheriff court: references to the Sheriff Appeal Court5
For article 8(1) of the Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 20154 (all-Scotland sheriff court: references to the Sheriff Appeal Court), substitute—
1
Paragraphs (2) and (3) have effect in relation to any application made under section 69 or 71 of the Act before 1st January 2016.
SCHEDULEProvisions of the Act coming into force on 1st January 2016
Column 1 Provisions of the Act | Column 2 Subject Matter | Column 3 Purpose |
---|---|---|
Sections 47 and 48 | Sheriff Appeal Court – appeals and status of decisions in precedent | For all remaining purposes |
Sections 109 to 112 | Appeals to the Sheriff Appeal Court | |
Sections 113 and 114 | Appeals to the Court of Session | |
Section 116 | Effect of appeal | |
Section 132 | Modifications of enactments | For the purpose of bringing into force the provisions of schedule 5 listed in column 1 below |
The following provisions of schedule 5— | Modifications of enactments | |
Paragraph 4(e) | Repeal of sections 27 to 29 of the 1907 Act | |
Paragraph 12(2) and (3) | Amendment of the Administration of Justice (Scotland) Act 1972 | |
Paragraph 13 | Amendment of the Civil Jurisdiction and Judgments Act 1982 | |
Paragraph 14(4) | Amendment of the Legal Aid (Scotland) Act 1986 | |
Paragraph 32(3) | Amendment of the Court of Session Act 1988 |
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.S.I.No. |
---|---|---|
Sections 1 to 4 | 1st April 2015 | |
Section 5 (partially) | 1st April 2015 | |
Section 5 (for all remaining purposes) | 22nd September 2015 | |
Sections 6 to 9 | 1st April 2015 | |
Section 10 (partially) | 1st April 2015 | |
Section 10 (for all remaining purposes) | 22nd September 2015 | |
Sections 11 to 15 | 1st April 2015 | |
Section 16(1) to (11) | 1st April 2015 | |
Sections 17 to 22 | 1st April 2015 | |
Section 23(5) | 12th March 2015 | |
Section 23 (for all remaining purposes) | 1st April 2015 | |
Sections 24 and 25 | 1st April 2015 | |
Sections 27 to 38 | 1st April 2015 | |
Section 39 (partially) | 1st April 2015 | |
Section 39 (for all remaining purposes) | 22nd September 2015 | |
Sections 40 to 43 | 1st April 2015 | |
Sections 44 and 45 | 22nd September 2015 | |
Section 46 (partially) | 1st April 2015 | |
Section 46 (for all remaining purposes) | 22nd September 2015 | |
Sections 47 and 48 (partially) | 22nd September 2015 | |
Sections 49 to 56 | 1st April 2015 | |
Section 57(1) and (2) | 22nd September 2015 | |
Section 57(3) to (5) | 1st April 2015 | |
Section 58 | 22nd September 2015 | |
Sections 59 to 62 | 1st April 2015 | |
Sections 63 to 71 | 22nd September 2015 | |
Section 72 (partially) | 1st April 2015 | |
Sections 75 and 76 | 1st April 2015 | |
Section 79 | 22nd September 2015 | |
Section 81 (partially) | 1st April 2015 | |
Section 86 (partially) | 1st April 2015 | |
Sections 87 and 88 | 1st April 2015 | |
Section 89 | 22nd September 2015 | |
Sections 90 and 91 | 1st April 2015 | |
Sections 92 to 94 | 22nd September 2015 | |
Section 98 | 1st April 2015 | |
Section 99 | 22nd September 2015 | |
Section 102 (partially) | 1st April 2015 | |
Sections 103 to 107 | 1st April 2015 | |
Section 108 | 22nd September 2015 | |
Section 115 | 1st April 2015 | |
Sections 117 and 118 | 22nd September 2015 | |
Section 119 (partially) | 1st April 2015 | |
Section 119 (for all remaining purposes) | 22nd September 2015 | |
Sections 120 to 122 | 22nd September 2015 | |
Section 123 | 1st April 2015 | |
Section 125 | 1st April 2015 | |
Section 127 | 1st April 2015 | |
Section 130 and paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 (partially) | 2nd February 2015 | |
Section 130 and schedule 4 (for all remaining purposes) | 1st April 2015 | |
Section 131 | 1st April 2015 | |
Section 132 (for the purpose of bringing into force certain provisions of schedule 5) | 1st April 2015 | |
Section 132 (for the purpose of bringing into force further provisions of schedule 5) | 22nd September 2015 | |
Section 132 (for the purpose of bringing into force further provisions of schedule 5) | 19th October 2015 | |
Section 134(2) | 1st April 2015 | |
Schedule 1 | 22nd September 2015 | |
Schedule 2 (partially) | 1st April 2015 | |
Schedule 2 (for all remaining purposes) | 22nd September 2015 | |
Paragraphs 1 to 9, 10(1) to (3), (6) and (7), 11 to 21, 23, 24 and 26 of schedule 3 | 22nd September 2015 | |
Schedule 4 | ||
The following provisions of schedule 5— | ||
Paragraphs 1 to 3 | 1st April 2015 | |
Paragraph 4(a) (partially) | 1st April 2015 | |
Paragraph 4(a) (for all remaining purposes) | 22nd September 2015 | |
Paragraphs 4(b) and (c) | 1st April 2015 | |
Paragraph 4(f) (partially) | 1st April 2015 | |
Paragraph 5 | 1st April 2015 | |
Paragraph 6(1) and (2) (partially) | 1st April 2015 | |
Paragraph 6(1) and (2) (partially) | 22nd September 2015 | |
Paragraph 7 | 1st April 2015 | |
Paragraph 8 | 22nd September 2015 | |
Paragraphs 9 to 11 | 1st April 2015 | |
Paragraph 12(1) and (4) | 1st April 2015 | |
Paragraph 14(1) to (3) | 22nd September 2015 | |
Paragraph 15 | 22nd September 2015 | |
Paragraph 16 | 1st April 2015 | |
Paragraph 17 | 19th October 2015 | |
Paragraph 18 | 1st April 2015 | |
Paragraph 19 | 22nd September 2015 | |
Paragraphs 24 and 25 | 22nd September 2015 | |
Paragraph 26 | 1st April 2015 | |
Paragraphs 28 to 31 | 1st April 2015 | |
Paragraph 32(1), (2) and (4) | 22nd September 2015 | |
Paragraph 33 | 22nd September 2015 | |
Paragraph 34 | 1st April 2015 | |
Paragraphs 36 to 38 | 1st April 2015 | |
Paragraphs 42 to 45 | 1st April 2015 |