- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, Section 63.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)A JP court has competence, subject to sections 6 and 7 of the 1995 Act (which include provision as to the constitution and powers of JP courts), as respects summary proceedings for offences.
(2)The Scottish Ministers may by order amend section 6(2) of the 1995 Act so that it provides that a JP court (when not constituted by a [F1summary sheriff]) is to be constituted by one JP only.
[F2(2A)The Scottish Ministers may make an order under subsection (2) only on the recommendation of the Lord President of the Court of Session.]
(3)Each JP court is to have a clerk of the court.
(4)The clerk of a JP court is to be a solicitor or advocate.
(5)The clerk of a JP court—
(a)except on occasions when a [F3summary sheriff] presides, is to act as legal adviser to the court, and
(b)has such other functions as the [F4Lord President] may confer.
(6)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 63(2) substituted (1.4.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 40(4); S.S.I. 2016/13, art. 2, sch.
F2S. 63(2A) inserted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(3)(a), 76; S.S.I. 2010/39, art. 2, Sch.
F3Words in s. 63(5)(a) substituted (1.4.2016) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 40(4); S.S.I. 2016/13, art. 2, sch.
F4Words in s. 63(5)(b) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(3)(b), 76; S.S.I. 2010/39, art. 2, Sch.
F5S. 63(6) repealed (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 73, 76, Sch. 5 para. 5(3)(c); S.S.I. 2010/39, art. 2, Sch.
Commencement Information
I1S. 63 partly in force; s. 63 not in force at Royal Assent, see s. 84; s. 63(1)(3)-(6) in force at 10.3.2008 by S.S.I. 2008/42, art. 3, Sch.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: