- Latest available (Revised)
- Point in Time (01/06/2009)
- Original (As enacted)
Version Superseded: 01/04/2010
Point in time view as at 01/06/2009.
There are currently no known outstanding effects for the Judiciary and Courts (Scotland) Act 2008,
Part 5
.
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)Any power of the Scottish Ministers to make orders or regulations under this Act is exercisable by statutory instrument.
(2)Any such power includes power to make—
(a)such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,
(b)different provision for different purposes.
(3)A statutory instrument containing an order or regulations under this Act except—
(a)an order under section 70(2), 76(1) or paragraph 2(5) of schedule 3, and
(b)where subsection (4) applies, an order under section 74(1),
is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4)No—
(a)order under paragraph 2(5) of schedule 3, or
(b)order under section 74(1) containing provisions which add to, replace or omit any part of the text of an Act,
is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Parliament.
In this Act—
“the 1971 Act” means the Sheriff Courts (Scotland) Act 1971 (c. 58),
“the Inner House” means the Inner House of the Court of Session,
“the Lord President” means the Lord President of the Court of Session,
“office of part-time sheriff” means an appointment under section 11A, or a reappointment under section 11B(5) or (7), of the 1971 Act, and references to suspension from that office are to be construed accordingly,
“office of temporary judge” means an appointment under section 35(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), and references to removal or suspension from that office are to be construed accordingly,
“office of temporary sheriff principal” means an appointment under section 11(1) or (1A) of the 1971 Act, and references to suspension from that office are to be construed accordingly.
Schedule 5, which contains consequential amendments and repeals of enactments, has effect.
Commencement Information
(1)The Scottish Ministers may by order make such supplementary, incidental or consequential provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
(2)An order under subsection (1) may modify any enactment (including this Act).
(1)The Scottish Ministers may by order make such provision as they consider necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.
(2)An order under subsection (1) may modify any enactment (including this Act).
(1)The provisions of this Act, other than this section and sections 71, 72, 74 and 75, come into force in accordance with provision made by order by the Scottish Ministers.
(2)This Act may be cited as the Judiciary and Courts (Scotland) Act 2008.
Subordinate Legislation Made
P1S. 76(1) power partly exercised; 16.3.2009 appointed for specified provisions and purposes by S.S.I. 2009/83, art. 2; 1.6.2009 appointed for specified provisions and purposes by S.S.I. 2009/192, art. 2, Sch. ; 1.10.2009 appointed for specified provisions and purposes by S.S.I. 2009/318, art. 2, 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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: