SCHEDULEProvisions of the Act coming into force on 1st April 2015

Article 2

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

Sections 1 and 2

Sheriffdoms, sheriff court districts and sheriff courts

Sections 3 and 4

Sheriffs principal and sheriffs

Section 5

Summary sheriffs

For the purpose of making appointments

Sections 6 to 9

Judiciary of the sheriffdoms

Section 10

Part-time summary sheriffs

For the purpose of making appointments

Sections 11 to 15

Judiciary of the sheriffdoms

Section 16(1) to (11)

Remuneration

Sections 17 to 22

Judiciary of the sheriffdoms

Section 23

Further provision about tribunals constituted under section 21

For all remaining purposes

Sections 24 and 25

Tribunal report and removal from office

Sections 27 to 37

Organisation of business

Section 38

Jurisdiction and competence of sheriffs

Section 39

Power to make act of sederunt for determining the value of an order etc.

For the purpose of making provision by act of sederunt

Sections 40 to 43

Jurisdiction and competence of sheriffs

Section 46

The Sheriff Appeal Court

For the purpose of enabling appointments under sections 49 to 51, 53, 54, 59 and 60

Sections 49 to 53

Sheriff Appeal Court – appointments etc.

Section 54 to 56

President and Vice President of the Sheriff Appeal Court etc.

Section 57(3) to (5)

Power to prescribe sittings of the Sheriff Appeal Court

Sections 59 to 61

Clerk and Deputy Clerks of the Sheriff Appeal Court

Section 62

Records of the Sheriff Appeal Court

Section 72

Power to make provision by act of sederunt in relation to simple procedure

For the purpose of making provision by act of sederunt

Section 75

Rule-making: matters to be taken into consideration

Section 76

Rules relating to service of documents

Section 81

Expenses in simple procedure cases

For the purpose of enabling an order to be made

Section 86

Power to enable sheriff to make orders having effect outside sheriffdom

For the purpose of enabling an order to be made by the Scottish Ministers

Section 87

Power of sheriff to order sheriff clerk to execute deed relating to heritage

Section 88

Interim orders

Section 90

Interim orders

Section 91

Warrants for ejection

Section 98

Power to make supplementary provision about lay representation for non-natural persons

Section 102

Power to make orders in relation to vexatious behaviour

For the purpose of enabling regulations to be made

Sections 103 to 107

Procedure and fees

Section 115

Appeals: granting of leave or permission and assessment of grounds of appeal

Section 119

Appeals from the Sheriff Appeal Court to the High Court

For the purpose of enabling the making of an act of adjournal in reliance upon inserted section 194ZF(1)(c)(ii) of the Criminal Procedure (Scotland) Act 1995

Section 123

Appointment of Court of Session Judges etc.

Section 125

Judges of the Court of Session - expenses

Section 127

Establishing, relocating and disestablishing justice of the peace courts

Section 130

The Scottish Courts and Tribunal Service

For all remaining purposes(1)

Section 131

Assistants to the Judicial Appointments Board for Scotland

Section 132

Modification of enactments

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

Section 134(2)

References to “sheriff”

Schedule 2

Appeal Sheriffs: temporary provision

For the purpose of enabling appointments to be made under paragraph 2(1) of schedule 2

Schedule 4

The Scottish Courts and Tribunals Service

For all remaining purposes(2)

The following provisions of schedule 5—

Modifications of enactments

Paragraphs 1 to 3

Sheriff courts

Paragraph 4(a)

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

For the purpose of repealing sections 4 to 6 of the Sheriff Courts (Scotland) Act 1907

Paragraph 4(b) and (c)

Repeal of sections 10, 11 and 14 of the Sheriff Courts (Scotland) Act 1907

Paragraph 4(f)

Repeal of sections 39 and 40 of the Sheriff Courts (Scotland) Act 1907

For the purpose of repealing section 40 of the Sheriff Courts (Scotland) Act 1907

Paragraph 5

Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927

Paragraph 6(1) and (2)

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

For the purpose of repealing the whole of the Sheriff Courts (Scotland) Act 1971, with the exception of—

  1. a

    section 31 (privative jurisdiction);

  2. b

    section 35 (summary causes);

  3. c

    section 36(2) and (3) (procedure in summary causes);

  4. d

    sections 36A and 36B (small claims);

  5. e

    section 37 (remits);

  6. f

    section 38 (appeal in summary causes);

  7. g

    section 45 (interpretation).

Paragraph 7

Amendment of the Civil Jurisdiction and Judgments Act 1982

Paragraph 9

Amendment of the Judiciary and Courts (Scotland) Act 2008

Paragraph 10

Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927

Paragraph 11

Amendment of the Public Records (Scotland) Act 1937

Paragraph 12(1) and (4)

Amendment of the Administration of Justice (Scotland) Act 1972

Paragraph 16

Amendment of the Judiciary and Courts (Scotland) Act 2008

Paragraph 18

Amendment of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

Paragraph 26

Repeal of section 2 of the Court of Law Fees (Scotland) Act 1895

Paragraphs 28 to 31

Regulation of procedure and fees

Paragraph 34

Amendment of the Promissory Oaths Act 1868

Paragraphs 36 to 38

Judges of the Court of Session

Paragraphs 42 to 45

Miscellaneous

(1)

Section 130 was brought into force for limited purposes by S.S.I. 2015/12 (C. 2).

(2)

Paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 were brought into force for limited purposes by S.S.I. 2015/12 (C. 2).

(3)

Sections 2(3) and 3(4) are repealed by the Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700).