Courts Reform (Scotland) Act 2014

2014 asp 18

An Act of the Scottish Parliament to make provision about the sheriff courts; to establish a Sheriff Appeal Court; to make provision about civil court procedure; to make provision about appeals in civil proceedings; to make provision about appeals in criminal proceedings; to make provision about judges of the Court of Session; to make provision about the Scottish Land Court; to make provision about justice of the peace courts; to rename the Scottish Court Service and give it functions in relation to tribunals; to provide for assistants to the Judicial Appointments Board for Scotland; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th October 2014 and received Royal Assent on 10th November 2014

PART 1SHERIFF COURTS

CHAPTER 1SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS

I261Sheriffdoms, sheriff court districts and sheriff courts

1

For the purposes of the administration of justice, Scotland is to be divided into areas, each to be known as a “sheriffdom”.

2

A sheriffdom is to comprise one or more areas, each to be known as a “sheriff court district”.

3

Within each sheriff court district a place is to be designated at which the judiciary of the sheriffdom are to sit and hold court for the purpose of exercising their judicial functions; and such sittings are to be known as a “sheriff court”.

4

The sheriffdoms and sheriff court districts existing immediately before the date on which this section comes into force are to continue to exist on and after that date, and are accordingly the first sheriffdoms and sheriff court districts for the purposes of subsections (1) and (2).

5

On and after the date on which this section comes into force, sheriff courts are to continue to be held at the places at which they were held immediately before that date, and accordingly those places are the first places designated for the holding of sheriff courts for the purposes of subsection (3).

6

Subsections (4) and (5) are subject to an order under section 2.

Permanent and full-time judiciary

I283Sheriffs principal

1

For each sheriffdom, there is to continue to be a judicial officer to be known as the “sheriff principal” of the sheriffdom.

2

5

Before making a recommendation under subsection (3), the First Minister must consult the Lord President of the Court of Session.

6

Subsection (4) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation by the Judicial Appointments Board for Scotland).

Temporary and part-time judiciary

I316Temporary sheriff principal

1

Subsection (2) applies where, in relation to a sheriffdom—

a

a vacancy occurs in the office of sheriff principal,

b

the Lord President of the Court of Session believes that the sheriff principal is unable to perform all or some of the functions of the office, or

c

the sheriff principal rules that he or she is precluded from performing all or some of those functions.

2

If the Lord President so requests, the Scottish Ministers must appoint—

a

a person holding the office of sheriff (whether of the same or another sheriffdom), or

b

a qualifying former sheriff principal (whether of the same or another sheriffdom),

to act as sheriff principal of the sheriffdom.

3

A “qualifying former sheriff principal” is an individual who—

a

ceased to hold that office other than by virtue of an order under section 25, and

b

has not reached the age of 75.

4

The appointment may be made for the purposes of the exercise of—

a

all of the sheriff principal's functions, or

b

only those functions that the sheriff principal is unable to perform or is precluded from performing.

5

An individual appointed under subsection (2) is to be known as a “temporary sheriff principal”.

6

The Lord President may request the appointment of a temporary sheriff principal for a sheriffdom in the circumstances specified in subsection (1)(a) only if the Lord President considers such an appointment to be necessary or expedient in order to avoid a delay in the administration of justice in the sheriffdom.

I327Temporary sheriff principal: further provision

1

Subject to subsection (3), an individual's appointment as a temporary sheriff principal lasts until recalled under subsection (2).

2

The Scottish Ministers must, if requested to do so by the Lord President of the Court of Session, recall the appointment of a temporary sheriff principal.

3

A sheriff's appointment as a temporary sheriff principal ceases if the sheriff—

a

ceases to hold office as sheriff, or

b

is suspended from office as sheriff.

4

Subject to section 6(4)(b), a temporary sheriff principal of a sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff principal of the sheriffdom, and does not need a commission for that purpose.

5

The appointment of a sheriff as a temporary sheriff principal does not affect the sheriff's appointment as sheriff.

6

Where a sheriff of one sheriffdom (“sheriffdom A”) is appointed as temporary sheriff principal of another sheriffdom (“sheriffdom B”)—

a

the sheriff must not, while remaining temporary sheriff principal of sheriffdom B, act in the capacity of sheriff of sheriffdom A, but

b

in addition to the jurisdiction and powers that attach specifically to the office of sheriff principal, the sheriff, by virtue of the appointment as temporary sheriff principal of sheriffdom B, may also exercise in that sheriffdom the jurisdiction and powers that attach to the office of sheriff of that sheriffdom.

I338Part-time sheriffs

1

The Scottish Ministers may appoint individuals to act as sheriffs; and individuals so appointed are to be known as “part-time sheriffs”.

2

The Scottish Ministers may appoint an individual only if—

a

the individual is qualified for appointment (see section 14), and

b

the Scottish Ministers have consulted the Lord President of the Court of Session before making the appointment.

3

Subject to section 20, an appointment as a part-time sheriff lasts for 5 years.

4

A part-time sheriff may exercise the jurisdiction and powers that attach to the office of sheriff in every sheriffdom, and does not need a commission for that purpose.

5

A part-time sheriff is subject to such instructions, arrangements and other provisions as may be made under this Act by the sheriff principal of the sheriffdom in which the part-time sheriff is for the time being sitting.

6

In carrying out their functions under this Act, sheriffs principal must together have regard to the desirability of securing that every part-time sheriff—

a

is given the opportunity of sitting on not fewer than 20 days in each successive period of 12 months beginning with the day of the part-time sheriff's appointment, and

b

does not sit for more than 100 days in each such successive period.

I349Reappointment of part-time sheriffs

1

A part-time sheriff whose appointment comes to an end by virtue of the expiry of the 5 year period mentioned in section 8(3) is to be reappointed unless—

a

the part-time sheriff declines reappointment,

b

a sheriff principal has made a recommendation to the Scottish Ministers against the reappointment, or

c

the part-time sheriff has sat for fewer than 50 days in total in that 5 year period.

2

Section 8 (apart from subsection (2)) applies to a reappointment under subsection (1) as it applies to an appointment.

3

A part-time sheriff whose appointment comes to an end by resignation under section 20 may be reappointed.

4

Section 8 applies to a reappointment under subsection (3) as it applies to an appointment.

I35 I13010Part-time summary sheriffs

1

The Scottish Ministers may appoint individuals to act as summary sheriffs; and individuals so appointed are to be known as “part-time summary sheriffs”.

2

The Scottish Ministers may appoint an individual only if—

a

the individual is qualified for appointment (see section 14), and

b

the Scottish Ministers have consulted the Lord President of the Court of Session before making the appointment.

3

Subject to section 20, an appointment as a part-time summary sheriff lasts for 5 years.

4

A part-time summary sheriff may exercise the jurisdiction and powers that attach to the office of summary sheriff in every sheriffdom, and does not need a commission for that purpose.

5

A part-time summary sheriff is subject to such instructions, arrangements and other provisions as may be made under this Act by the sheriff principal of the sheriffdom in which the part-time summary sheriff is for the time being sitting.

6

In carrying out their functions under this Act, sheriffs principal must together have regard to the desirability of securing that every part-time summary sheriff—

a

is given the opportunity of sitting on not fewer than 20 days in each successive period of 12 months beginning with the day of the part-time summary sheriff's appointment, and

b

does not sit for more than 100 days in each such successive period.

I3611Reappointment of part-time summary sheriffs

part-time summary sheriff.

3

For the purposes of subsection (1), an individual is legally qualified if the individual is a solicitor or an advocate.

I22912

Salaries and remuneration under subsections (1) to (11) are to be paid by the Scottish Courts and Tribunals Service.

I22913

Sums required by the Scottish Courts and Tribunals Service for the payment of a salary under subsection (1) or remuneration under subsection (3) are charged on the Scottish Consolidated Fund.

I4117Expenses

d

one individual who—

i

is not and never has been a qualifying member of the Judicial Committee of the Privy Council,

ii

does not hold and never has held a judicial office mentioned in subsection (3), and

iii

is not and never has been an advocate or solicitor.

5

In subsection (4)—

“a qualifying member of the Judicial Committee of the Privy Council” means someone who is a member of that Committee by virtue of section 1(2)(a) of the Judicial Committee Act 1833 (that is, someone who holds or has held high judicial office),
“the relevant judicial office” means—
1. a
  in respect of an investigation into whether an individual is fit to hold the office of sheriff principal, that office,
2. b
  in respect of an investigation into whether an individual is fit to hold the office of sheriff or part-time sheriff, the office of sheriff,
3. c
  in respect of an investigation into whether an individual is fit to hold the office of summary sheriff or part-time summary sheriff, the office of summary sheriff.

6

It is for the First Minister, with the agreement of the Lord President, to select persons to be members of a tribunal constituted under this section.

7

The person who is an individual mentioned in subsection (4)(a) is to chair the tribunal and has a casting vote.

I4622Tribunal investigations: suspension from office

1

Subsection (2) applies where the Lord President of the Court of Session has requested that the First Minister constitute a tribunal under section 21.

2

The Lord President may, at any time before the tribunal reports to the First Minister, suspend from office the individual who is, or is to be, the subject of the tribunal's investigation.

3

Such a suspension lasts until the Lord President orders otherwise.

4

A tribunal constituted under section 21 may, at any time before the tribunal reports to the First Minister, recommend in writing to the First Minister that the individual who is the subject of the tribunal's investigation be suspended from office.

5

On receiving such a recommendation, the First Minister may suspend the individual from office.

6

Such a suspension lasts until the First Minister orders otherwise.

7

Suspension of an individual from the office of sheriff principal, sheriff or summary sheriff under this section does not affect any remuneration payable to, or in respect of, the individual in respect of the period of suspension.

1

The report of a tribunal constituted under section 21 must—

a

be in writing,

b

contain reasons for its conclusion, and

c

be submitted to the First Minister.

2

The First Minister must lay the report before the Scottish Parliament.

I4825Removal from office

1

The First Minister may remove an individual from the office of sheriff principal, sheriff, part-time sheriff, summary sheriff or part-time summary sheriff—

a

if a tribunal constituted under section 21 reports to the First Minister that the individual is unfit to hold that office by reason of inability, neglect of duty or misbehaviour, and

b

only after the First Minister has laid the report before the Scottish Parliament under section 24(2).

2

The First Minister may remove a sheriff principal, sheriff or summary sheriff under subsection (1) only by order.

3

Such an order is subject to the negative procedure.

Honorary sheriffs

26Abolition of the office of honorary sheriff

The office of honorary sheriff is abolished.

CHAPTER 3ORGANISATION OF BUSINESS

Sheriff principal's general responsibilities

I4927Sheriff principal's responsibility for efficient disposal of business in sheriff courts

1

The sheriff principal of a sheriffdom is responsible for ensuring the efficient disposal of business in the sheriff courts of the sheriffdom.

2

The sheriff principal must make such arrangements as appear necessary or expedient for the purpose of carrying out the responsibility imposed by subsection (1).

3

In particular, the sheriff principal may—

a

provide for the allocation of business among the judiciary of the sheriffdom,

b

6

References in this section to the sheriff principal of a sheriffdom include references to any temporary sheriff principal of the sheriffdom.

I5331Power to direct a sheriff or summary sheriff to act in another sheriffdom

1

The Lord President of the Court of Session may direct a sheriff or summary sheriff of a sheriffdom (“sheriffdom A”) to perform the functions of sheriff or, as the case may be, summary sheriff in another sheriffdom (“sheriffdom B”) until the Lord President decides otherwise.

2

The direction may require the sheriff or summary sheriff to perform the functions in sheriffdom B either in addition to or instead of performing the functions in sheriffdom A.

3

The Lord President may at any time give a further direction to the sheriff or summary sheriff directing the sheriff or, as the case may be, summary sheriff to perform the functions of sheriff or, as the case may be, summary sheriff in another sheriffdom until the Lord President decides otherwise.

4

Where a further direction is given under subsection (3) requiring functions to be carried out in another sheriffdom, the direction may require the sheriff or summary sheriff to perform the functions in that other sheriffdom in addition to or instead of performing the functions—

a

in sheriffdom A, or

b

in any other sheriffdom by virtue of—

i

a direction under subsection (1), or

ii

a further direction under subsection (3).

5

A sheriff or summary sheriff directed under this section to perform the functions of sheriff or summary sheriff in another sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff or, as the case may be, summary sheriff in the other sheriffdom and does not need a commission for that purpose.

I5432Power to re-allocate sheriffs principal, sheriffs and summary sheriffs between sheriffdoms

1

The Lord President of the Court of Session may direct that—

a

the sheriff principal of a sheriffdom is to cease to be the sheriff principal of that sheriffdom and is instead to be sheriff principal of such other sheriffdom as is specified in the direction,

b

a sheriff of a sheriffdom is to cease to be a sheriff of that sheriffdom and is instead to be a sheriff of such other sheriffdom as is specified in the direction,

c

a summary sheriff of a sheriffdom is to cease to be a summary sheriff of that sheriffdom and is instead to be a summary sheriff of such other sheriffdom as is specified in the direction.

2

A direction under subsection (1) takes effect on such date as is specified in the direction.

3

The reference in subsection (1) to the sheriff principal, a sheriff or summary sheriff of a sheriffdom is to one—

a

appointed for the sheriffdom, or

b

who is the sheriff principal, a sheriff or, as the case may be, summary sheriff of the sheriffdom by virtue of a previous direction under subsection (1).

4

A sheriff principal, sheriff or summary sheriff directed under subsection (1) to be the sheriff principal, a sheriff or summary sheriff of another sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff principal, sheriff or, as the case may be, summary sheriff in the other sheriffdom and does not need a commission for that purpose.

I5533Allocation of sheriffs and summary sheriffs to sheriff court districts

1

On the appointment of a sheriff or summary sheriff of a sheriffdom, the Lord President of the Court of Session must give the sheriff or summary sheriff a direction designating the sheriff court district or districts in which the sheriff or summary sheriff is to sit and perform the functions of sheriff or, as the case may be, summary sheriff.

2

The Lord President may at any time give a further direction to the sheriff or summary sheriff designating a different sheriff court district in which the sheriff or summary sheriff is to sit and perform the functions of sheriff or, as the case may be, summary sheriff.

3

A direction given to a sheriff or summary sheriff of a sheriffdom under this section is subject to any direction given under section 27 to the sheriff or summary sheriff by the sheriff principal of the sheriffdom for the purpose of giving effect to special provision made under subsection (3)(b) of that section.

4

Subsection (1) applies in the case where a direction under section 32(1) is made in relation to a sheriff or summary sheriff as it applies in the case where a sheriff or, as the case may be, summary sheriff is appointed.

Judicial specialisation

I5634Determination of categories of case for purposes of judicial specialisation

1

The Lord President of the Court of Session may, by direction, determine categories of sheriff court case that the Lord President considers to be suited to being dealt with by judicial officers that specialise in the category of case.

2

The Lord President may determine categories of case under subsection (1) by reference to subject matter, value or such other criteria as the Lord President considers appropriate.

3

The Lord President may issue different directions under subsection (1) in relation to different types of judicial officer.

4

The Lord President may vary or revoke any direction made under subsection (1).

5

In this section—

“judicial officer” means—
1. a
  a sheriff,
2. b
  a summary sheriff,
3. c
  a part-time sheriff,
4. d
  a part-time summary sheriff,
“sheriff court case” means any type of proceedings (whether civil or criminal) that may competently be brought in the sheriff court.

the designated judicial officer's competence to deal with any category of case other than the one in relation to which the designation is made, or

b

the competence of any other sheriff, summary sheriff, part-time sheriff or part-time summary sheriff to deal with the category of case in relation to which the designation is made.

I5836Allocation of business to specialist judiciary

1

Subsection (2) applies where the Lord President of the Court of Session or the sheriff principal of a sheriffdom is exercising any function relating to the allocation of business among the judiciary of a sheriffdom.

2

The Lord President or, as the case may be, the sheriff principal must have regard to the desirability of ensuring that cases falling within a category determined under section 34 are dealt with by sheriffs, summary sheriffs, part-time sheriffs or, as the case may be, part-time summary sheriffs designated under section 35 as specialists in that category of case.

I5937Saving for existing powers to provide for judicial specialisation

Sections 34 to 36 do not affect any power that the Lord President of the Court of Session has apart from those sections to provide for judicial specialisation in the sheriff courts.

CHAPTER 4COMPETENCE AND JURISDICTION

Sheriffs: civil competence and jurisdiction

I1638Jurisdiction and competence of sheriffs

1

A sheriff continues to have the jurisdiction and competence that attached to the office of sheriff in relation to civil proceedings immediately before this section comes into force.

2

Without limiting that generality, a sheriff has competence as respects proceedings for or in relation to—

a

declarator,

b

aliment or separation,

c

recovery of maintenance arising out of an application under section 31(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972,

d

divorce,

e

division of commonty and division, or division and sale, of common property,

f

questions of heritable right or title, including declarator of irritancy and removing,

g

reduction, other than reduction of a decree of any court,

h

proving the tenor,

i

suspension of charges or threatened charges upon decrees of court granted by a sheriff or upon decrees of registration proceeding upon bonds, bills, contracts or other obligations registered in the books of a sheriff court or the Books of Council and Session,

j

all civil maritime proceedings formerly competent in the High Court of Admiralty in Scotland.

3

For the purpose of subsection (2)(e), the Division of Commonties Act 1695 has effect as if it conferred the same competence on a sheriff as it confers on the Court of Session.

the aggregate total value of all the orders of value sought in any proceedings.

8

An act of sederunt under subsection (7) may make different provision for different purposes.

I6140Territorial jurisdiction

1

This section applies for the purpose of determining the territorial extent of the jurisdiction of a sheriff of a sheriffdom in relation to matters other than criminal matters.

2

The sheriff's jurisdiction extends throughout the sheriffdom and includes all of the following so far as located in or adjoining the sheriffdom—

a

navigable rivers,

b

ports,

c

harbours,

d

creeks,

e

shores,

f

anchoring grounds.

3

Where two sheriffdoms are separated by a river, firth or estuary, the sheriffs of each sheriffdom on either side have concurrent jurisdiction over the intervening space occupied by the water.

4

This section does not affect any other enactment or rule of law that has effect for the purpose of determining the territorial extent of the jurisdiction of a sheriff of a sheriffdom, whether generally or in relation to a particular case or description of case.

5

This section is subject to an order under section 41(1).

I6241Power to confer all-Scotland jurisdiction for specified cases

1

The Scottish Ministers may by order provide that the jurisdiction of a sheriff of a specified sheriffdom sitting at a specified sheriff court extends territorially throughout Scotland for the purposes of dealing with specified types of civil proceedings.

2

In subsection (1), “specified” means specified in an order under that subsection.

3

An order under subsection (1) may be made only with the consent of the Lord President of the Court of Session.

4

An order under subsection (1) does not affect—

a

in relation to the sheriffdom specified in the order, the jurisdiction or competence of a sheriff of any other sheriffdom to deal with proceedings of the type specified in the order, or

b

in relation to the sheriff court specified in the order, the jurisdiction or competence of a sheriff sitting at any other sheriff court to deal with such proceedings.

5

This section does not apply in relation to proceedings under the Children's Hearings (Scotland) Act 2011.

I6342All-Scotland jurisdiction: further provision

1

This section applies in relation to a sheriff sitting at a sheriff court specified in an order under section 41(1) (referred to in this section as a “specified sheriff court”).

2

The sheriff's all-Scotland jurisdiction is concurrent with, and alternative to, the sheriff's local jurisdiction.

3

The sheriff's “all-Scotland jurisdiction” is the extended jurisdiction in relation to specified proceedings that the sheriff has by virtue of the order under section 41(1).

4

The sheriff's “local jurisdiction” is the jurisdiction that the sheriff would have in relation to specified proceedings apart from the order under section 41(1).

5

A party bringing specified proceedings in the specified sheriff court must indicate, at the time the proceedings are brought, whether they are for determination in the exercise of a sheriff's all-Scotland jurisdiction or a sheriff's local jurisdiction.

6

Subsection (5) does not affect any power that a sheriff has to decline jurisdiction in any case.

7

In this Act, references to an “all-Scotland sheriff court” are references to a specified sheriff court so far as the court is constituted by a sheriff sitting in the exercise of the sheriff's all-Scotland jurisdiction.

8

For the purposes of any provision of this Act, or any other enactment, relating to the transfer or remit of proceedings between courts, a specified sheriff court is, when constituted as an all-Scotland sheriff court, taken to be a separate sheriff court from the court as constituted by a sheriff sitting in the exercise of the sheriff's local jurisdiction.

9

In this section, “specified proceedings” means, in relation to a specified sheriff court, civil proceedings of a type that are specified in relation to that court in the order under section 41(1).

I13244Summary sheriff: civil competence and jurisdiction

1

A summary sheriff may, in relation to civil proceedings in the sheriff court, exercise the jurisdiction and powers that attach to the office of sheriff, but only in relation to the proceedings and other matters listed in schedule 1.

2

This section does not affect the jurisdiction and competence of a sheriff in relation to the proceedings and other matters listed in schedule 1.

3

The Scottish Ministers may by order modify schedule 1.

I13345Summary sheriff: criminal competence and jurisdiction

1

A summary sheriff may, in relation to criminal investigations and proceedings (whether summary or solemn proceedings), exercise the jurisdiction and powers that attach to the office of sheriff.

2

Without limiting the generality of subsection (1), the jurisdiction and powers exercisable by a summary sheriff under that subsection include, in particular, those of a sheriff under the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”).

3

Despite subsections (1) and (2), a summary sheriff does not have jurisdiction or power to do any of the following in solemn criminal proceedings—

a

to preside at any of the following diets, other than for the purpose of adjourning the diet—

i

a first diet,

ii

a diet under section 76(1) of the 1995 Act,

iii

a trial diet,

b

to pass sentence on an offender, or make any other order or disposal in respect of the conviction of an offender of an offence,

c

to review, vary, revoke or discharge any sentence or such other order or disposal.

4

This section does not affect the jurisdiction and competence of a sheriff in relation to any matter mentioned in subsection (1).

PART 2THE SHERIFF APPEAL COURT

CHAPTER 1ESTABLISHMENT AND ROLE

I65 I13446The Sheriff Appeal Court

1

There is established a court of law to be known as the Sheriff Appeal Court.

2

The Court consists of judges each to be known as an Appeal Sheriff.

I135 I21447Jurisdiction and competence

1

The Sheriff Appeal Court has jurisdiction and competence to hear and determine appeals to such extent as is provided by or under—

a

this Act, or

b

any other enactment.

2

The Court's jurisdiction and competence is exercisable by one or more of the Appeal Sheriffs at sittings of the Court.

3

The Court has all such powers as are, under the law of Scotland, inherently possessed by a court of law for the purposes of the discharge of its jurisdiction and competence and giving full effect to its decisions.

4

Subsection (3) is subject to any other provision of this Act or any other enactment that restricts or excludes any power of the Court in determining or disposing of an appeal.

I136 I21548Status of decisions of the Sheriff Appeal Court in precedent

1

A decision of the Sheriff Appeal Court on the interpretation or application of the law is binding—

a

in proceedings before a sheriff anywhere in Scotland,

b

in proceedings before a justice of the peace court anywhere in Scotland,

c

in proceedings before the Sheriff Appeal Court, except in a case where the Court hearing the proceedings is constituted by a greater number of Appeal Sheriffs than those constituting the Court which made the decision.

2

In subsection (1)(a), the reference to proceedings before a sheriff includes, in the case of criminal proceedings, a reference to solemn proceedings before a sheriff and jury.

CHAPTER 2APPEAL SHERIFFS

I6649Sheriffs principal to be Appeal Sheriffs

1

Each person who holds office as a sheriff principal also holds office as an Appeal Sheriff by virtue of this subsection.

2

A person holding office as a sheriff principal ceases to hold office as an Appeal Sheriff if the person ceases to hold office as a sheriff principal.

3

If a person holding office as a sheriff principal is suspended from that office for any period, the person is also suspended from office as an Appeal Sheriff for the same period.

I6750Appointment of sheriffs as Appeal Sheriffs

1

The Lord President of the Court of Session may appoint persons holding the office of sheriff to hold office also as Appeal Sheriffs.

2

The Lord President may appoint as many Appeal Sheriffs under subsection (1) as the Lord President considers necessary for the purposes of the Sheriff Appeal Court.

3

A person may be appointed under subsection (1) only if the individual has held office as a sheriff for at least 5 years.

4

The appointment of a sheriff as an Appeal Sheriff does not affect the sheriff's appointment as a sheriff and the sheriff may accordingly continue to act in that capacity.

5

A person holding office as an Appeal Sheriff under this section ceases to hold that office if the person ceases to hold office as a sheriff.

6

If a person holding office as an Appeal Sheriff under this section is suspended from the office of sheriff for any period, the person is also suspended from office as an Appeal Sheriff for the same period.

7

The Lord President may, with the consent of a majority of the sheriffs principal, remove a sheriff from office as an Appeal Sheriff.

8

Removal of a sheriff from the office of Appeal Sheriff under subsection (7) does not affect the sheriff's appointment as a sheriff.

I6851Re-employment of former Appeal Sheriffs

1

The Lord President of the Court of Session may appoint a qualifying former Appeal Sheriff to act as an Appeal Sheriff during such periods or on such occasions as the Lord President may determine.

2

The Lord President may make such an appointment only if the appointment appears to the Lord President to be expedient as a temporary measure in order to facilitate the disposal of business in the Sheriff Appeal Court.

3

A “qualifying former Appeal Sheriff” is an individual who—

a

ceased to hold that office other than by virtue of—

i

an order under section 25 (as read with sections 49(2) and 50(5)), or

ii

CHAPTER 3ORGANISATION OF BUSINESS

President and Vice President

I7154President and Vice President of the Sheriff Appeal Court

1

The Lord President of the Court of Session is to appoint, in accordance with this section—

a

one of the sheriffs principal to be the President of the Sheriff Appeal Court, and

b

another sheriff principal to be the Vice President of the Court.

2

A sheriff principal holds office as President or Vice President for such period as the Lord President may determine.

3

The President or Vice President may at any time resign office by giving notice in writing to the Lord President.

4

The Lord President may at any time remove a sheriff principal from office as President or Vice President.

5

If a person holding office as President or Vice President is suspended from office as a sheriff principal for any period, the person is also suspended from office as President or, as the case may be, Vice President for the same period.

I7255President and Vice President: incapacity and suspension

I1284

The President must publish notice of the matters prescribed by an order under subsection (3) in such manner as the President thinks appropriate in order to bring those matters to the attention of persons having an interest in them.

I1285

Subsection (3) is subject to section 2(2)(a) and (2A) of the Judiciary and Courts (Scotland) Act 2008.

I13858Rehearing of pending case by a larger Court

1

Subsection (2) applies where, in relation to any appeal pending before the Sheriff Appeal Court—

a

the Appeal Sheriff or Appeal Sheriffs constituting the Court consider the appeal to be one of particular difficulty or importance, or

b

where the Court is constituted by more than one Appeal Sheriff, they are equally divided on any matter, whether of fact or law.

2

The Appeal Sheriff or Appeal Sheriffs may appoint the appeal to be reheard at another sitting of the Court constituted by such larger number of Appeal Sheriffs as may be necessary for the proper disposal of the appeal.

CHAPTER 4ADMINISTRATION

Clerks

I2559Clerk of the Sheriff Appeal Court

1

The Scottish Courts and Tribunals Service must appoint a person holding office as a sheriff clerk also to hold the office of Clerk of the Sheriff Appeal Court.

2

A person's appointment as Clerk of the Sheriff Appeal Court does not affect the person's appointment as a sheriff clerk.

3

A person holding office as Clerk of the Sheriff Appeal Court ceases to hold that office if the person ceases to hold office as a sheriff clerk.

4

Otherwise, a person's appointment as Clerk of the Sheriff Appeal court—

a

lasts for such period, and

b

is on such other terms and conditions,

as the Scottish Courts and Tribunals Service may determine.

5

In this section, “sheriff clerk” does not include sheriff clerk depute.

I7460Deputy Clerks of the Sheriff Appeal Court

1

The Scottish Courts and Tribunals Service may appoint individuals to be Deputy Clerks of the Sheriff Appeal Court.

2

The number of Deputy Clerks is for the Scottish Courts and Tribunals Service to determine.

3

An individual's appointment as Deputy Clerk—

a

lasts for such period, and

b

is on such other terms and conditions,

as the Scottish Courts and Tribunals Service may determine.

4

An individual may hold office as a Deputy Clerk of the Sheriff Appeal Court at the same time as holding office as clerk, or deputy or assistant clerk, of another court.

I7561Clerk and Deputy Clerks: further provision

b

such other means of authentication as may be specified for that purpose by an act of sederunt under section 104(1).

5

In this section—

“certified copy” means a copy certified by the Clerk of the Sheriff Appeal Court as a true copy,
“electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document,
“record” means any interlocutor, decree, minute or other document by which the proceedings and decisions of the Sheriff Appeal Court are recorded.

PART 3CIVIL PROCEDURE

CHAPTER 1SHERIFF COURT

ii

remitted to probation there.

I14064Selection of the jury

1

The jurors for the trial in jury proceedings are to be selected in open court by ballot.

2

Each party to the proceedings may challenge the selection of any juror whose name is drawn in the ballot.

3

A party may, under subsection (2), at any time during the selection of jurors—

a

challenge the selection of up to 4 jurors without having to give a reason, and

b

challenge the selection of any other juror, provided a reason for the challenge is stated.

I14165Application to allow the jury to view property

1

A party to jury proceedings may apply to the sheriff to allow the jury to view any heritable or moveable property relevant to the proceedings.

2

Where an application is made under subsection (1), the sheriff may grant the application if the sheriff considers it proper and necessary for the jury to view the property.

the jury are to return their verdict and, where necessary, assess damages.

In jury proceedings containing a claim for damages, where the jury return a verdict for the pursuer, the jury must also assess the amount of damages.

7

The verdict of the jury is final so far as relating to the facts found by the jury.

8

Subsection (7) is subject to sections 69 and 71.

set aside the verdict of the jury, and

b

enter judgment for the party unsuccessful at the trial.

8

In a case where the Court is constituted by more than one Appeal Sheriff, the opinion referred to in subsection (6)(b) must be the opinion of all of them.

the Court may not grant a new trial except in conformity with the opinion of a majority of the Appeal Sheriffs hearing the application, and

b

in the case of equal division, the Court must refuse to grant a new trial.

I147 C471Verdict subject to opinion of the Sheriff Appeal Court

1

This section applies in relation to any jury proceedings in which the sheriff has directed the jury on any matter.

2

A party against whom the verdict of the jury is returned may apply to the Sheriff Appeal Court for the verdict instead to be entered in the party's favour.

3

On an application under subsection (2), the Court may—

a

set aside the verdict and exercise either of the powers in subsections (4) and (6), or

b

refuse the application.

4

Where the Court is of the opinion—

a

that the sheriff's direction was erroneous, and

b

that the party making the application was entitled to the verdict in whole or in part,

are brought subject to simple procedure under section 74, or

c

are continued subject to simple procedure by virtue of section 78 or 79,

are referred to in this Part as a “simple procedure case”.

10

Subsection (9) is subject to section 80.

11

References in subsection (3) to a sum of money is to that amount exclusive of interest and expenses.

12

The Scottish Ministers may by order substitute for any sum for the time being specified in this section a different sum.

I24073Proceedings in an all-Scotland sheriff court

1

Section 72(3), so far as requiring any relevant proceedings to be brought subject to simple procedure, does not apply to any such proceedings in an all-Scotland sheriff court, and no such proceedings may be brought or continued in such a court subject to simple procedure.

2

Subsection (1) does not affect the application of section 72(3) in relation to any relevant proceedings brought in any other sheriff court.

3

In this section, “relevant proceedings” means proceedings of a type mentioned in section 72(3)(a) so far as they are also of a type specified in an order under section 41(1).

may facilitate negotiation between or among the parties with a view to securing a settlement,

c

may otherwise assist the parties in reaching a settlement,

d

can adopt a procedure that is appropriate to and takes account of the particular circumstances of the case.

I7976Service of documents

1

An act of sederunt under section 104(1) may permit a party to a simple procedure case, in such circumstances as may be specified in the act, to require the sheriff clerk to effect service of any document relating to the case on behalf of the party.

2

In subsection (1)—

a

the reference to a party to a simple procedure case includes a reference to a description of such a party as may be specified in an act of sederunt mentioned in that subsection,

b

the reference to any document relating to the case includes a reference to a description of any such document as may be so specified.

I24177Evidence in simple procedure cases

1

Any enactment or rule of law that prevents evidence being led on grounds of admissibility before a court of law does not apply in simple procedure cases.

2

The evidence, if any, given in simple procedure cases is not to be recorded.

I24278Transfer of cases to simple procedure

1

This section applies to any civil proceedings in the sheriff court that are being conducted otherwise than as a simple procedure case.

2

The parties to the proceedings may, at any stage, make a joint application for the proceedings to continue subject to simple procedure if the proceedings are of a type that, if brought at the time when the application is made—

a

would or could be brought subject to simple procedure by virtue of any enactment, or

b

would or could be so brought but for the fact that a financial limit specified in section 72(3) or 74(2) is exceeded.

3

Where such a joint application is made, the sheriff must direct that the proceedings are to continue subject to simple procedure for all purposes (including appeal).

I14879Proceedings in an all-Scotland sheriff court: transfer to simple procedure

1

This section applies to any relevant proceedings in an all-Scotland sheriff court.

2

A party to the proceedings may, at any stage, make an application for the proceedings to continue subject to simple procedure in another sheriff court.

3

Where such an application is made, the sheriff may, on special cause shown—

a

direct that the proceedings are to continue subject to simple procedure for all purposes (including appeal), and

b

make an order transferring the proceedings to another sheriff court having jurisdiction in relation to the proceedings.

4

Where a sheriff makes a direction under section 78(3) in relation to proceedings to which this section applies, the sheriff must make an order transferring the proceedings to another sheriff court having jurisdiction in relation to the proceedings.

5

In this section, “relevant proceedings” has the same meaning as in section 73.

I24380Transfer of cases from simple procedure

1

A party to a simple procedure case may, at any stage, make an application for the case not to proceed subject to simple procedure.

2

Where such an application is made, the sheriff may direct that the proceedings are no longer subject to simple procedure.

3

Where a direction is made under subsection (2), the proceedings are to continue for all purposes (including appeal) subject to such procedure as would have been applicable to them had they not been subject to simple procedure.

1

An appeal may be taken to the Sheriff Appeal Court under section 110 on a point of law only against a decision of the sheriff constituting final judgment in a simple procedure case.

2

Any other decision of the sheriff in such a case is not subject to review.

83Transitional provision: summary causes

1

Any reference, however expressed, in a pre-commencement enactment to proceedings being subject to summary cause procedure is, on and after the coming into force of this section, to be construed as a reference to proceedings being subject to simple procedure.

2

Accordingly, any reference to proceedings being taken by way of summary cause is to be construed as a reference to proceedings being subject to simple procedure.

3

In subsection (1), “pre-commencement enactment” means any enactment passed or made before this section comes into force.

Interdicts and other orders: effect outside sheriffdom

I24684Interdicts having effect in more than one sheriffdom

1

A sheriff has competence to grant an interdict having effect in relation to conduct at places outside the sheriff's sheriffdom as well as at places within the sheriff's sheriffdom.

2

In this section, “interdict” includes “interim interdict”.

I24785Proceedings for breach of an extended interdict

1

In this section, “extended interdict” means an interdict granted by a sheriff, by virtue of section 84(1), having effect in relation to conduct at places outside the sheriff's sheriffdom.

2

Proceedings for breach of an extended interdict may be brought before a sheriff of the sheriffdom—

a

in which the defender is domiciled,

b

in which the interdict was granted,

c

in which the alleged breach occurred.

3

A sheriff before whom proceedings for breach of an extended interdict are brought may make an order transferring the proceedings to a sheriff of another sheriffdom (whether or not one mentioned in subsection (2)) if satisfied that it would be more appropriate for the proceedings to be dealt with by a sheriff of the other sheriffdom.

4

A sheriff may make an order under subsection (3)—

a

on the application of a party to the proceedings, or

b

on the sheriff's own initiative.

5

Where an order is made under subsection (3), a sheriff of the sheriffdom to whom the proceedings are to be transferred has jurisdiction and competence to consider and determine the proceedings.

6

This section does not affect any power that a sheriff has to decline jurisdiction in any case.

I81 I24886Power to enable sheriff to make orders having effect outside sheriffdom

1

In this section, “relevant order” means an order—

a

which a sheriff has competence and jurisdiction to make in civil proceedings, but

b

which, apart from this section, the sheriff could make only so as to have effect or be enforceable within the sheriff's sheriffdom.

2

The Scottish Ministers may by order provide for a sheriff to have competence to make relevant orders having effect (and being capable of being enforced) outside the sheriff's sheriffdom as well as within that sheriffdom (referred to in this section as “extended competence”).

3

An order under subsection (2) may—

a

make provision in relation to all relevant orders or in relation only to specified categories or descriptions of relevant order,

b

make different provision in relation to different categories or descriptions of relevant order,

c

provide for a sheriff to have extended competence only—

i

in such circumstances,

ii

in relation to such civil proceedings, or

iii

subject to such conditions,

Interim orders

I8388Interim orders

1

A sheriff may, on the application of a party to any civil proceedings before the sheriff, make—

a

such interim order as the sheriff thinks fit in relation to—

i

the possession of any heritable or movable property to which the proceedings relate,

ii

the subject matter of the proceedings,

b

an interim order ad factum praestandum.

2

Subsection (1) does not apply in relation to proceedings under the Children's Hearings (Scotland) Act 2011.

CHAPTER 2COURT OF SESSION

I14989Judicial review

After section 27 of the Court of Session Act 1988, insert—

Applications to the supervisory jurisdiction of the Court
27ATime limits
1
An application to the supervisory jurisdiction of the Court must be made before the end of—
a
the period of 3 months beginning with the date on which the grounds giving rise to the application first arise, or
b
such longer period as the Court considers equitable having regard to all the circumstances.
2
Subsection (1) does not apply to an application to the supervisory jurisdiction of the Court which, by virtue of any enactment, is to be made before the end of a period ending before the period of 3 months mentioned in that subsection (however that first-ending period may be expressed).
27BRequirement for permission
1
No proceedings may be taken in respect of an application to the supervisory jurisdiction of the Court unless the Court has granted permission for the application to proceed.
2
Subject to subsection (3), the Court may grant permission under subsection (1) for an application to proceed only if it is satisfied that—
a
the applicant can demonstrate a sufficient interest in the subject matter of the application, and
b
the application has a real prospect of success.
3
Where the application relates to a decision of the Upper Tribunal for Scotland in an appeal from the First-tier Tribunal for Scotland under section 46 of the Tribunals (Scotland) Act 2014, the Court may grant permission under subsection (1) for the application to proceed only if it is satisfied that—
a
the applicant can demonstrate a sufficient interest in the subject matter of the application,
b
the application has a real prospect of success, and
c
either—
i
the application would raise an important point of principle or practice, or
ii
there is some other compelling reason for allowing the application to proceed.
4
The Court may grant permission under subsection (1) for an application to proceed—
a
subject to such conditions as the Court thinks fit,
b
only on such of the grounds specified in the application as the Court thinks fit.
5
The Court may decide whether or not to grant permission without an oral hearing having been held.
27COral hearings where permission refused, etc.
1
Subsection (2) applies where, in relation to an application to the supervisory jurisdiction of the Court—
a
the Court—
i
refuses permission under subsection 27B(1) for the application to proceed, or
ii
grants permission for the application to proceed subject to conditions or only on particular grounds, and
b
the Court decides to refuse permission, or grant permission as mentioned in paragraph (a)(ii), without an oral hearing having been held.
2
The person making the application may, within the period of 7 days beginning with the day on which that decision is made, request a review of the decision at an oral hearing.
3
A request under subsection (2) must be considered by a different Lord Ordinary from the one who refused permission or granted permission as mentioned in subsection (1)(a)(ii).
4
Where a request under subsection (2) is granted, the oral hearing must be conducted before a different Lord Ordinary from the one who refused or so granted permission.
5
At a review following a request under subsection (2), the Court must consider whether to grant permission for the application to proceed; and subsections (2), (3) and (4) of section 27B apply for that purpose.
6
Section 28 does not apply—
a
where subsection (2) applies, or
b
in relation to the refusal of a request made under subsection (2).
27DAppeals following oral hearings
1
Subsection (2) applies where, after an oral hearing to determine whether or not to grant permission for an application to the supervisory jurisdiction of the Court to proceed, the Court—
a
refuses permission for the application to proceed, or
b
grants permission for the application to proceed subject to conditions or only on particular grounds.
2
The person making the application may, within the period of 7 days beginning with the day on which the Court makes its decision, appeal under this section to the Inner House (but may not appeal under any other provision of this Act).
3
In an appeal under subsection (2), the Inner House must consider whether to grant permission for the application to proceed; and subsections (2), (3) and (4) of section 27B apply for that purpose.
4
In subsection (1), the reference to an oral hearing is to an oral hearing whether following a request under section 27C(2) or otherwise.

I1790Interim orders

In section 47 of the Court of Session Act 1988 (interim interdict and other interim orders), after subsection (2) insert—

2A
The power under subsection (2) to make an order includes, in particular, power to make an order ad factum praestandum (including an interim order).

I1891Warrants for ejection

After section 47 of the Court of Session Act 1988, insert—

47APower to grant warrant for ejection
In any proceedings where the Court has competence to grant a decree of removing, it also has competence to grant a warrant for ejection.

CHAPTER 3REMIT OF CASES BETWEEN COURTS

I15092Remit of cases to the Court of Session

1

Subsection (2) applies to any civil proceedings before a sheriff that are—

a

proceedings that the Court of Session also has competence and jurisdiction to deal with,

b

not proceedings to which section 39 applies, and

c

not subject to simple procedure.

2

On the application of any of the parties to the proceedings, the sheriff may, at any stage, remit the proceedings to the Court of Session if the sheriff considers that the importance or difficulty of the proceedings makes it appropriate to do so.

3

Subsection (4) applies to any civil proceedings before a sheriff that are—

a

proceedings to which section 39 applies,

b

proceedings that the Court of Session would (but for that section) also have competence and jurisdiction to deal with, and

c

not subject to simple procedure.

4

On the application of any of the parties to the proceedings, the sheriff may, at any stage, request the Court of Session to allow the proceedings to be remitted to that Court if the sheriff considers that the importance or difficulty of the proceedings makes it appropriate to do so.

5

On receiving a request under subsection (4), the Court of Session may, on cause shown, allow the proceedings to be remitted to the Court.

6

If the Court of Session allows the proceedings to be remitted to that Court, the sheriff is to remit the proceedings to that Court.

7

Where the proceedings are remitted to the Court of Session under subsection (6), the proceedings may be dealt with and disposed of by that Court despite section 39(2).

on its own initiative.

7

In this section, “an appropriate sheriff” means, in relation to proceedings remitted from the Court of Session under this section, a sheriff having competence and jurisdiction to deal with the proceedings sitting at such sheriff court as the Court may, at the time of the remit, specify.

I15294Remit of cases to the Scottish Land Court

6

For the purposes of section 96, an individual also holds a relevant position with a non-natural person if the individual is an employee of the non-natural person.

7

References to conducting proceedings are references to exercising, in relation to the proceedings, a function or right (including a right of audience) that a legal representative could exercise in the proceedings.

I25096Lay representation in simple procedure cases

1

This section applies in any simple procedure case to which a non-natural person is a party.

2

A lay representative may conduct proceedings in the case on behalf of the non-natural person if—

a

the lay representative holds a relevant position with the non-natural person,

b

the responsibilities of the lay representative in that position do not consist wholly or mainly of conducting legal proceedings on behalf of the non-natural person or another person,

c

the lay representative is authorised by the non-natural person to conduct the proceedings,

d

the lay representative does not have a personal interest in the subject matter of the proceedings, and

e

the lay representative is not the subject of an order such as is mentioned in section 98(2)(f).

3

In subsection (2)(d), “personal interest” means an interest other than one that anyone holding the position that the lay representative holds with the non-natural person would have.

4

Subsection (2) is subject to provision made by an act of sederunt under section 98.

I25197Lay representation in other proceedings

1

the words “to subsections (2) and (3) below and” are repealed, and

ii

for paragraph (b) substitute—

b
is not less than 18 years of age;

b

subsections (1A), (2) and (3) are repealed,

c

in subsection (5), the words “under subsection (2) or (3) above or” are repealed.

3

In section 1A (excusal of jurors in relation to criminal proceedings)—

a

in each of subsections (1), (2) and (3), the words “in relation to criminal proceedings” are repealed,

b

in subsection (3), for “(a)(iii)” substitute “ (ab) ”,

c

the title of the section becomes “ Excusal of jurors as of right ”.

4

In Part III of Schedule 1 (persons excusable from jury service as of right), in Group F, for paragraphs (a) and (aa) substitute—

a
persons who have served as a juror in the period of 5 years ending with the date on which the person is cited first to attend;
aa
persons who have attended for jury service, but have not served as a juror, in the period of 2 years ending with the date on which the person is cited first to attend;
ab
persons who have attained the age of 71;

c

“vexatious litigant” means, in relation to a vexatious litigation order, the person to whom the order relates,

d

“vexatious litigation order” means an order made under subsection (1).

may make incidental, supplemental, consequential, transitional, transitory or saving provision.

PART 4PROCEDURE AND FEES

Procedure

I86103Power to regulate procedure etc. in the Court of Session

1

The Court of Session may by act of sederunt make provision for or about—

a

the procedure and practice to be followed in proceedings in the Court,

b

any matter incidental or ancillary to such proceedings.

2

Without limiting that generality, the power in subsection (1) includes power to make provision for or about—

a

execution or diligence following on such proceedings,

b

avoiding the need for, or mitigating the length and complexity of, such proceedings, including—

i

encouraging settlement of disputes and the use of alternative dispute resolution procedures,

ii

action to be taken before such proceedings are brought by persons who will be party to the proceedings,

c

other aspects of the conduct and management of such proceedings, including the use of technology,

d

simplifying the language used in connection with such proceedings or matters incidental or ancillary to them,

e

the form of any document to be used in connection with such proceedings, matters incidental or ancillary to them or matters specified in this subsection,

f

appeals against a decision of the Court,

g

applications that may be made to the Court,

h

time limits in relation to proceedings mentioned in subsection (1), matters incidental or ancillary to them or matters specified in this subsection,

i

the steps that the Court may take where there has been an abuse of process by a party to such proceedings,

j

expenses that may be awarded to parties to such proceedings,

k

other payments such parties may be required to make in respect of their conduct relating to such proceedings,

l

the payment, investment or application of any sum of money awarded in such proceedings to or in respect of a person under a legal disability,

m

the representation of parties to such proceedings, and others, including representation by persons who—

i

are neither solicitors nor advocates, or

ii

do not have the right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990,

n

the functions and rights of persons appointed by the Court in connection with such proceedings,

o

witnesses and evidence, including modifying the rules of evidence as they apply to such proceedings,

p

the quorum for a Division of the Inner House considering purely procedural matters and, in the case of an extra Division, as to which judge is to preside and to sign any judgment or interlocutor pronounced by the extra Division,

q

such other matters as the Court thinks necessary or appropriate for the purposes of carrying out or giving effect to the provisions of any enactment (including this Act) relating to such proceedings or matters incidental or ancillary to them.

3

An act of sederunt under subsection (1) may make—

a

incidental, supplemental, consequential, transitional, transitory or saving provision,

b

provision amending, repealing or revoking any enactment (including any provision of this Act) relating to matters with respect to which an act of sederunt may be made,

c

different provision for different purposes.

4

This section is without prejudice to—

a

any enactment that enables the Court to make rules (by act of sederunt or otherwise) regulating the practice and procedure to be followed in proceedings to which this section applies, or

b

the inherent powers of the Court.

different provision for different purposes.

4

Before making an order under subsection (1)(f), the Scottish Ministers must consult the Lord President of the Court of Session.

5

An act of sederunt under subsection (1) is subject to the negative procedure.

I89106Power to regulate fees in the sheriff court and the Sheriff Appeal Court

1

The Court of Session may, in relation to civil proceedings in the sheriff court or the Sheriff Appeal Court (including any execution or diligence following such proceedings), by act of sederunt make provision for or about the fees of—

a

solicitors,

b

sheriff officers,

c

persons acting under the Execution of Diligence (Scotland) Act 1926,

d

witnesses,

e

shorthand writers,

f

such other persons, or persons of such descriptions, as the Scottish Ministers may by order specify.

make different provision for different purposes or circumstances including, in particular, different provision for—

i

different Scottish Courts,

ii

different relevant officers,

iii

different proceedings or types of proceedings.

3

In this section—

“relevant officer” means—
1. a
  a clerk, deputy clerk or assistant clerk of any of the Scottish Courts,
2. b
  the Accountant of Court,
3. c
  the Auditor of the Court of Session,
4. ca
  F1the auditor of the Sheriff Appeal Court,
5. d
  the auditor of a sheriff court,
6. e
  any other officer who is a member of the staff of the SCTS,
“Scottish Courts” means—
1. a
  the Court of Session,
2. b
  the High Court of Justiciary,
3. c
  the court for hearing appeals under section 57(1)(b) of the Representation of the People Act 1983,
4. d
  the election court in Scotland constituted under section 123 of that Act,
5. e
  the Scottish Land Court,
6. f
  the Lands Valuation Appeal Court,
7. g
  the Sheriff Appeal Court,
8. h
  sheriff courts,
9. i
  justice of the peace courts.

4

The Scottish Ministers may by order modify (either or both of) the definitions of “relevant officer” and “Scottish Courts” in subsection (3).

Sanction for counsel

I154108Sanction for counsel in the sheriff court and Sheriff Appeal Court

1

This section applies in civil proceedings in the sheriff court or the Sheriff Appeal Court where the court is deciding, for the purposes of any relevant expenses rule, whether to sanction the employment of counsel by a party for the purposes of the proceedings.

2

The court must sanction the employment of counsel if the court considers, in all the circumstances of the case, that it is reasonable to do so.

3

In considering that matter, the court must have regard to—

a

whether the proceedings are such as to merit the employment of counsel, having particular regard to—

i

the difficulty or complexity, or likely difficulty or complexity, of the proceedings,

ii

the importance or value of any claim in the proceedings, and

b

the desirability of ensuring that no party gains an unfair advantage by virtue of the employment of counsel.

4

The court may have regard to such other matters as it considers appropriate.

5

References in this section to proceedings include references to any part or aspect of the proceedings.

6

In this section—

“counsel” means—
1. a
  an advocate,
2. b
  a solicitor having a right of audience in the Court of Session under section 25A of the Solicitors (Scotland) Act 1980,
“court”, in relation to proceedings in the sheriff court, means the sheriff,
“relevant expenses rule” means, in relation to any proceedings mentioned in subsection (1), any provision of an act of sederunt requiring, or having the effect of requiring, that the employment of counsel by a party for the purposes of the proceedings be sanctioned by the court before the fees of counsel are allowable as expenses that may be awarded to the party.

7

This section is subject to an act of sederunt under section 104(1) or 106(1).

PART 5CIVIL APPEALS

Appeals to the Sheriff Appeal Court

I216109Abolition of appeal from a sheriff to the sheriff principal

1

No appeal may be taken to the sheriff principal against any decision of a sheriff in civil proceedings.

2

Subsection (3) applies to any provision of any pre-commencement enactment that—

a

provides for an appeal to the sheriff principal from any decision of a sheriff in civil proceedings, or

b

restricts or excludes any such appeal.

3

The provision has effect as if for the reference to the sheriff principal there were substituted a reference to the Sheriff Appeal Court.

4

In subsection (2), “pre-commencement enactment” means an enactment passed or made before this section comes into force.

I217110Appeal from a sheriff to the Sheriff Appeal Court

1

An appeal may be taken to the Sheriff Appeal Court, without the need for permission, against—

a

a decision of a sheriff constituting final judgment in civil proceedings, or

b

any decision of a sheriff in civil proceedings—

i

granting, refusing or recalling an interdict, whether interim or final,

ii

granting interim decree for payment of money other than a decree for expenses,

iii

making an order ad factum praestandum,

iv

sisting an action,

v

allowing, refusing or limiting the mode of proof, or

vi

refusing a reponing note.

2

An appeal may be taken to the Sheriff Appeal Court against any other decision of a sheriff in civil proceedings if the sheriff, on the sheriff's own initiative or on the application of any party to the proceedings, grants permission for the appeal.

3

In an appeal to the Sheriff Appeal Court, the Court may allow further proof.

4

This section does not affect any other right of appeal to the Sheriff Appeal Court under any other enactment.

5

This section does not affect any right of appeal against any decision of a sheriff to the Court of Session under any other enactment.

6

This section is subject to any provision of this or any other enactment that restricts or excludes a right of appeal from a sheriff to the Sheriff Appeal Court.

I218111Sheriff Appeal Court's powers of disposal in appeals

1

In determining an appeal under section 110, the Court has power to—

a

grant such disposal as the Court sees fit, including by (in whole or in part)—

i

adhering to the decision that is subject to the appeal,

ii

recalling the decision,

iii

varying the decision,

iv

remitting the case back to the sheriff,

v

dismissing the appeal,

b

b

if that Court has refused permission, with the permission of the Court of Session.

Any party to the proceedings may insist in the appeal even though the party is not the one who initiated the appeal.

4

An appeal to which this section applies does not prevent the immediate execution of any of the following, which may continue to have effect despite the appeal until recalled—

a

a warrant to take inventories,

b

a warrant to place effects in custody for the interim,

c

a warrant for interim preservation,

d

an interim interdict.

Appeals to the Supreme Court

I155117Appeals to the Supreme Court

In the Court of Session Act 1988, for section 40 (appeals to the Supreme Court: appealable interlocutors) substitute—

40Appeals to the Supreme Court
1
An appeal may be taken to the Supreme Court against a decision of the Inner House mentioned in subsection (2), but only—
a
with the permission of the Inner House, or
b
if the Inner House has refused permission, with the permission of the Supreme Court.
2
The decisions are—
a
a decision constituting final judgment in any proceedings,
b
a decision in an exchequer cause,
c
a decision, on an application under section 29, to grant or refuse a new trial in any proceedings,
d
any other decision in any proceedings if—
i
there is a difference of opinion among the judges making the decision, or
ii
the decision is one sustaining a preliminary defence and dismissing the proceedings.
3
An appeal may be taken to the Supreme Court against any other decision of the Inner House in any proceedings, but only with the permission of the Inner House.
4
In an appeal against a decision mentioned in subsection (2)(c), the Supreme Court has the same powers as the Inner House had in relation to the application under section 29, including, in particular, the powers under sections 29(3) and 30(3).
5
No appeal may be taken to the Supreme Court against any decision of a Lord Ordinary.
6
But subsection (5) does not affect the operation of subsections (1) and (3) in relation to a decision of the Inner House in a review of a decision of a Lord Ordinary.
7
In an appeal to the Supreme Court under this section against a decision of the Inner House in any proceedings, all prior decisions in the proceedings (whether made at first instance or at any stage of appeal) are open to review by the Supreme Court.
8
This section is subject to—
a
sections 27(5) and 32(5),
b
any provision of any other enactment that restricts or excludes an appeal from the Court of Session to the Supreme Court.
9
This section does not affect any right of appeal from the Court of Session to the Supreme Court that arises apart from this section.
10
In this section—
“final judgment”, in relation to any proceedings, means a decision which, by itself or taken along with prior decisions in the proceedings, disposes of the subject matter of the proceedings on its merits, even though judgment may not have been pronounced on every question raised or expenses found due may not have been modified, taxed or decerned for,
“preliminary defence”, in relation to any proceedings, means a defence that does not relate to the merits of the proceedings.
40APermission for appeal under section 40
1
An application to the Inner House for permission to take an appeal under section 40(1) or (3) must be made—
a
within the period of 28 days beginning with the date of the decision against which the appeal is to be taken, or
b
within such longer period as the Inner House considers equitable having regard to all the circumstances.
2
An application to the Supreme Court for permission to take an appeal under section 40(1) must be made—
a
within the period of 28 days beginning with the date on which the Inner House refuses permission for the appeal, or
b
within such longer period as the Supreme Court considers equitable having regard to all the circumstances.
3
The Inner House or the Supreme Court may grant permission for an appeal under section 40(1) or (3) only if the Inner House or, as the case may be, the Supreme Court considers that the appeal raises an arguable point of law of general public importance which ought to be considered by the Supreme Court at that time.

PART 6CRIMINAL APPEALS

Appeals from summary criminal proceedings

I156118Appeals to the Sheriff Appeal Court from summary criminal proceedings

1

There are transferred to and vested in the Sheriff Appeal Court all the powers and jurisdiction of the High Court of Justiciary (whether under an enactment or otherwise) so far as relating to appeals from courts of summary criminal jurisdiction.

2

Subsection (1) does not apply to the nobile officium of the High Court.

3

Schedule 3 (which modifies the Criminal Procedure (Scotland) Act 1995 in consequence of subsection (1)) has effect.

I20 I157119Appeals from the Sheriff Appeal Court to the High Court

In the Criminal Procedure (Scotland) Act 1995, after Part X (appeals from summary proceedings), insert—

PART 10ZAAPPEALS FROM SHERIFF APPEAL COURT
194ZBAppeal from the Sheriff Appeal Court
1
An appeal on a point of law may be taken to the High Court against any decision of the Sheriff Appeal Court in criminal proceedings, but only with the permission of the High Court.
2
An appeal under subsection (1) may be taken by any party to the appeal in the Sheriff Appeal Court.
3
The High Court may give permission for an appeal under subsection (1) only if the Court considers that—
a
the appeal would raise an important point of principle or practice, or
b
there is some other compelling reason for the Court to hear the appeal.
4
An application for permission for an appeal under subsection (1) must be made before the end of the period of 14 days beginning with the day on which the decision of the Sheriff Appeal Court that would be the subject of the appeal was made.
5
The High Court may extend the period of 14 days mentioned in subsection (4) if satisfied that doing so is justified by exceptional circumstances.
194ZCAppeals: applications and procedure
1
An appeal under section 194ZB(1) is to be made by way of note of appeal.
2
A note of appeal must specify the point of law on which the appeal is being made.
3
For the purposes of considering and deciding an appeal under section 194ZB(1)—
a
three of the judges of the High Court are to constitute a quorum of the Court,
b
decisions are to be taken by a majority vote of the members of the Court sitting (including the presiding judge),
c
each judge sitting may pronounce a separate opinion.
194ZDApplication for permission for appeal: determination by single judge
1
An application to the High Court for permission for an appeal under section 194ZB(1) is to be determined by a single judge of the High Court.
2
If the judge gives permission for the appeal, the judge may make comments in writing in relation to the appeal.
3
If the judge refuses permission for the appeal—
a
the judge must give reasons in writing for the refusal, and
b
where the appellant is on bail and the sentence imposed on the appellant on conviction is one of imprisonment, the judge must grant a warrant to apprehend and imprison the appellant.
4
A warrant under subsection (3)(b) does not take effect until the expiry of the period of 14 days mentioned in section 194ZE(1) (or, where that period is extended under section 194ZE(2) before the period being extended expires, until the expiry of the period as so extended) without an application for permission having been lodged by the appellant under section 194ZE(1).
194ZEFurther application for permission where single judge refuses permission
1
Where the judge refuses permission for the appeal under section 194ZD, the appellant may, within the period of 14 days beginning with the day on which intimation of the decision is given under section 194ZF(2), apply again to the High Court for permission for the appeal.
2
The High Court may extend the period of 14 days mentioned in subsection (1), or that period as extended under this subsection, whether or not the period to be extended has expired.
3
The High Court may extend a period under subsection (2) only if satisfied that doing so is justified by exceptional circumstances.
4
Three of the judges of the High Court are to constitute a quorum for the purposes of considering an application under subsection (1).
5
If the High Court gives permission for the appeal, the Court may make comments in writing in relation to the appeal.
6
If the High Court refuses permission for the appeal—
a
the Court must give reasons in writing for the refusal, and
b
where the appellant is on bail and the sentence imposed on the appellant on conviction is one of imprisonment, the Court must grant a warrant to apprehend and imprison the appellant.
194ZFApplications for permission: further provision
1
An application for permission for an appeal under section 194ZB(1) is to be considered and determined (whether under section 194ZD or 194ZE)—
a
in chambers without the parties being present,
b
by reference to section 194ZB(3), and
c
on the basis of consideration of—
i
the note of appeal under section 194ZC(1), and
ii
such other document or information (if any) as may be specified by act of adjournal.
2
The Clerk of Justiciary must, as soon as possible, intimate to the appellant or the appellant's solicitor and to the Crown Agent—
a
a decision under section 194ZD or 194ZE determining the application for permission for an appeal, and
b
in the case of a refusal of permission for the appeal, the reasons for the decision.
194ZGRestriction of grounds of appeal
1
Comments in writing made under section 194ZD(2) or 194ZE(5) may specify the arguable grounds of appeal (whether or not they were stated in the note of appeal) on the basis of which permission for the appeal was given.
2
Where the arguable grounds of appeal are specified under subsection (1), the appellant may not, except with the permission of the High Court on cause shown, found any aspect of the appeal on a ground of appeal stated in the application for permission but not specified under subsection (1).
3
An application by the appellant for permission under subsection (2) must—
a
be made before the end of the period of 14 days beginning with the date of intimation under section 194ZF(2), and
b
be intimated by the appellant to the Crown Agent before the end of that period.
4
The High Court may extend the period of 14 days mentioned in subsection (3) if satisfied that doing so is justified by exceptional circumstances.
5
The appellant may not, except with the permission of the High Court on cause shown, found any aspect of the appeal on a matter not stated in the note of appeal (or in a duly made amendment or addition to the note of appeal).
6
Subsection (5) does not apply in relation to a matter specified as an arguable ground of appeal under subsection (1).
194ZHDisposal of appeals
1
In disposing of an appeal under section 194ZB(1), the High Court may—
a
remit the case back to the Sheriff Appeal Court with its opinion and any direction as to further procedure in, or disposal of, the case, or
b
exercise any power that the Sheriff Appeal Court could have exercised in relation to disposal of the appeal proceedings before that Court.
2
So far as necessary for the purposes or in consequence of the exercise of a power by the High Court by virtue of subsection (1)(b)—
a
references in Part X to the Sheriff Appeal Court are to be read as including references to the High Court, and
b
references in Part X to a verdict of or sentence passed by the inferior court are to be read as incuding references to a verdict of or sentence passed by the Sheriff Appeal Court in disposing of the appeal before it.
3
Subsections (1)(b) and (2) do not affect any power in relation to the consideration or disposal of appeals that the High Court has apart from those subsections.
194ZIProcedure where appellant in custody
1
Section 177 (procedure where appellant in custody) applies in the case where a party making an appeal (other than an excepted appeal) under section 194ZB(1) is in custody as it applies in the case where an appellant making an application under section 176 is in custody.
2
In subsection (1), “excepted appeal” means an appeal against a decision of the Sheriff Appeal Court in—
a
an appeal under section 32, or
b
an appeal under section 177(3).
194ZJAbandonment of appeal
An appellant in an appeal under section 194ZB(1) may at any time abandon the appeal by minute to that effect—
a
signed by the appellant or the appellant's solicitor,
b
lodged with the Clerk of Justiciary, and
c
intimated to the respondent or the respondent's solicitor.
194ZKFinality of proceedings
1
Every interlocutor and sentence (including disposal or order) pronounced by the High Court in disposing of an appeal relating to summary proceedings is final and conclusive and not subject to review by any court whatsoever.
2
Subsection (1) is subject to—
a
Part XA and section 288AA, and
b
paragraph 13(a) of Schedule 6 to the Scotland Act 1998.
3
It is incompetent to stay or suspend any execution or diligence issuing from the High Court under this Part, except for the purposes of an appeal under—
a
section 288AA, or
b
paragraph 13(a) of Schedule 6 to the Scotland Act 1998.
194ZLComputation of time
If any period of time specified in this Part expires on a Saturday, Sunday or court holiday prescribed for the relevant court, the period is extended to expire on the next day which is not a Saturday, Sunday or such a court holiday.

I158120Power to refer points of law for the opinion of the High Court

In the Criminal Procedure (Scotland) Act 1995, after section 175, insert—

175APower to refer points of law for the opinion of the High Court
1
In an appeal under this Part, the Sheriff Appeal Court may refer a point of law to the High Court for its opinion if it considers that the point is a complex or novel one.
2
The Sheriff Appeal Court may make a reference under subsection (1)—
a
on the application of a party to the appeal proceedings, or
b
on its own initiative.
3
On giving its opinion on a reference under subsection (1), the High Court may also give a direction as to further procedure in, or disposal of, the appeal.

I159121References by the Scottish Criminal Cases Review Commission

1

In the Criminal Procedure (Scotland) Act 1995, section 194B (references by the Commission) is amended in accordance with this section.

2

In subsection (1), after “High Court”, in the first place where those words appear, insert “ or the Sheriff Appeal Court ”.

3

After subsection (3), insert—

3A
For the purposes of an appeal under Part X of this Act in a case referred to the High Court under subsection (1)—
a
the High Court may exercise in the case all the powers and jurisdiction that the Sheriff Appeal Court would, had the case been an appeal to that Court, have had in relation to the case by virtue of section 118 of the Courts Reform (Scotland) Act 2014, and
b
accordingly, Part X of this Act has effect in relation to the case subject to the following modifications—
i
references to the Sheriff Appeal Court are to be read as references to the High Court,
ii
references to an Appeal Sheriff are to be read as references to a judge of the High Court,
iii
references to the Clerk of the Sheriff Appeal Court are to be read as reference to the Clerk of Justiciary.

Bail appeals

I160122Bail appeals

1

Section 32 of the Criminal Procedure (Scotland) Act 1995 (bail appeals) is amended in accordance with this section.

2

In each of subsections (1), (2), (3H)(a), (3I), (4), (5) and (7) for “High Court” substitute “ appropriate Appeal Court ”.

3

For subsections (3D) and (3E) substitute—

3CA
The clerk of the court from which the appeal is to be taken (unless that clerk is the Clerk of Justiciary) must—
a
send the notice of appeal without delay to the clerk of the appropriate Appeal Court, and
b
before the end of the day after the day of receipt of the notice of appeal, send the judge's report (if provided by then) to the clerk of the appropriate Appeal Court.

4

In each of subsections (3F), (3G) and (10), for “Clerk of Justiciary” in each place it occurs substitute “ clerk of the appropriate Appeal Court ”.

5

In subsection (3H)—

a

for “Where” substitute “ In a case where the Sheriff Appeal Court is the appropriate Appeal Court, if ”, and

b

for “(3E)” substitute “ (3CA) ”.

6

In each of subsections (4) and (5), for “Lord Commissioner of Justiciary” substitute “ judge of the appropriate Appeal Court ”.

7

In subsection (7B)(a), for “High Court” substitute “ the appropriate Appeal Court ”.

8

After subsection (10), insert—

11
In this section—
“appropriate Appeal Court” means—
a
in the case of an appeal under this section against a bail decision of the High Court or a judge of the High Court, that Court,
b
in the case of an appeal under this section against a bail decision of the Sheriff Appeal Court, the High Court,
c
in the case of an appeal under this section against a bail decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court,
“judge of the appropriate Appeal Court” means—
a
in a case where the High Court is the appropriate Appeal Court, judge of that Court,
b
in a case where the Sheriff Appeal Court is the appropriate Appeal Court, Appeal Sheriff,
“the clerk of the appropriate Appeal Court” means—
a
in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary,
b
in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.
12
In a case where the Sheriff Appeal Court is the appropriate Appeal Court, the references in subsections (3G)(b) and (10) to the Crown Agent are to be read as references to the prosecutor.

PART 7JUDGES OF THE COURT OF SESSION

I21123Appointment of Court of Session judges, etc.

In the Judiciary and Courts (Scotland) Act 2008, for sections 21 to 23 substitute—

Other Court of Session judges
20AQualification of certain individuals for appointment as Court of Session judge
1
An individual is qualified for appointment as a judge of the Court of Session if the individual—
a
immediately before the appointment—
i
held the office of sheriff principal or sheriff, and
ii
had held office as either sheriff principal or sheriff throughout the period of 5 years immediately preceding the appointment, or
b
at the time of appointment—
i
is a solicitor having a right of audience in the Court of Session or the High Court of Justiciary under section 25A of the Solicitors (Scotland) Act 1980 (rights of audience), and
ii
has been such a solicitor throughout the period of 5 years immediately preceding the appointment.
2
Subsection (1) does not affect an individual's qualification for appointment as a judge of the Court of Session by virtue of article xix of the Union with England Act 1707.
20BTemporary judges
1
The Scottish Ministers may appoint an individual to act as a judge of the Court of Session; and an individual so appointed is to be known as a “temporary judge”.
2
An individual appointed under subsection (1) may also, by virtue of the appointment, act as a judge of the High Court of Justiciary.
3
The Scottish Ministers may appoint an individual under subsection (1) only if—
a
the individual is qualified for appointment as a judge of the Court of Session, and
b
the Scottish Ministers have consulted the Lord President before making the appointment.
4
Subject to section 20C, an appointment as a temporary judge lasts for 5 years.
5
Subject to subsection (6), an individual appointed under subsection (1) is, while acting as a judge of the Court of Session or the High Court of Justiciary, to be treated for all purposes as a judge of that Court and may exercise the jurisdiction and powers that attach to that office.
6
Such an individual is not to be treated as a judge of the Court of Session for the purposes of any enactment or rule of law relating to—
a
the appointment, tenure of office, retirement, removal or disqualification of judges of that Court (including, without limiting that generality, any enactment or rule of law relating to the number of judges who may be appointed),
b
the remuneration, allowances or pensions of such a judge.
7
The appointment of an individual under subsection (1) does not affect—
a
any appointment of the individual as a sheriff principal or sheriff, or
b
the individual's continuing with any business or professional occupation not inconsistent with the individual acting as a judge.
20CReappointment of temporary judges
1
A temporary judge whose appointment comes to an end by virtue of the expiry of the 5 year period mentioned in section 20B(4) is to be reappointed unless—
a
the temporary judge declines reappointment,
b
the Lord President has made a recommendation to the Scottish Ministers against the reappointment, or
c
the temporary judge has sat for fewer than 50 days in total in that 5 year period.
2
Section 20B (apart from subsection (3)) applies to a reappointment under subsection (1) as it applies to an appointment.
3
A temporary judge whose appointment comes to an end by resignation under section 20D may be reappointed.
4
Section 20B applies to a reappointment under subsection (3) as it applies to an appointment.
20DCessation of appointment of temporary judges
1
A temporary judge may resign at any time by giving notice to that effect to the Scottish Ministers.
2
An individual's appointment as a temporary judge ends—
a
when the individual resigns in accordance with subsection (1),
b
when the individual retires from office, or
c
if the individual is removed from office as such under section 39 (temporary judges: removal from office).
20ERe-employment of former Court of Session and Supreme Court judges
1
The Lord President may appoint a qualifying former judge to act as a judge of the Court of Session.
2
An individual appointed under subsection (1) may also, by virtue of the appointment, act as a judge of the High Court of Justiciary.
3
An individual so appointed may act as a judge only during such periods or on such occasions as the Lord President may determine.
4
The Lord President may make an appointment under subsection (1) only if it appears to the Lord President to be expedient as a temporary measure in order to facilitate the disposal of business in the Court of Session or the High Court of Justiciary.
5
A “qualifying former judge” is an individual who—
a
has ceased to hold the office of—
i
judge of the Court of Session other than by virtue of section 95(6) of the Scotland Act 1998, or
ii
Justice of the Supreme Court or President or Deputy President of that Court and who, at the time of being appointed to the office in question, was eligible for appointment as a judge in the Court of Session, and
b
has not reached the age of 75.
20FRe-employment of former judges: further provision
1
Subject to subsection (2), an individual's appointment under section 20E(1) lasts until recalled by the Lord President.
2
An individual's appointment under section 20E(1) ceases when the individual reaches the age of 75.
3
Despite the ending of an individual's appointment under section 20E(1)—
a
the individual may continue to deal with, give judgment in or deal with an ancillary matter relating to, a case begun before the individual while acting under that appointment,
b
so far as necessary for that purpose, and for the purpose of any subsequent proceedings arising out of the case or matter, the individual is to be treated as acting or, as the case may be, having acted under that appointment.
4
Subject to subsection (5), an individual appointed under section 20E(1) is, while acting as a judge of the Court of Session or the High Court of Justiciary, to be treated for all purposes as a judge of that Court and may exercise the jurisdiction and powers that attach to that office.
5
Such an individual is not to be treated as a judge of the Court of Session for the purposes of any enactment or rule of law relating to—
a
the appointment, tenure of office, retirement, removal or disqualification of judges of that Court (including, without limiting that generality, any enactment or rule of law relating to the number of judges who may be appointed),
b
the oaths to be taken by such judges,
c
the remuneration, allowances or pensions of such a judge.
20GRemuneration and expenses of temporary and former judges
1
The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to an individual appointed under section 20B(1) or 20E(1) such remuneration as the Scottish Ministers may determine.
2
The Scottish Ministers may determine different amounts of remuneration for—
a
different individuals so appointed, or
b
different descriptions of individuals so appointed.
3
The SCTS may pay to an individual appointed under section 20B(1) or 20E(1) such sums as it may determine in respect of expenses reasonably incurred by the individual in the performance of, or in connection with, the individual's duties.
4
The SCTS may—
a
determine the circumstances in which such sums may be paid, and
b
determine different circumstances for different individuals.

I230124Payment of salaries of Court of Session judges

1

The salaries of judges of the Court of Session determined under section 9 of the Administration of Justice Act 1973 (judicial salaries) are to be paid by the Scottish Courts and Tribunals Service.

2

Sums required by the Scottish Courts and Tribunals Service for the payment of such salaries are charged on the Scottish Consolidated Fund.

I91125Expenses

1

The Scottish Courts and Tribunals Service may pay to a Senator of the College of Justice such sums as it may determine in respect of expenses reasonably incurred by the Senator in the performance of, or in connection with, the Senator's duties.

2

The Scottish Courts and Tribunals Service may—

a

determine the circumstances in which sums may be paid, and

b

determine different circumstances for—

i

different Senators,

ii

different descriptions of Senators,

iii

the different duties of Senators.

PART 8SCOTTISH LAND COURT

I231126Scottish Land Court: remuneration and expenses

1

Schedule 1 to the Scottish Land Court Act 1993 (the Land Court) is amended in accordance with this section.

2

For paragraph 3 substitute—

3
1
The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to the Chairman of the Land Court such salary as the Treasury may determine.
2
The SCTS is to pay to each of the other members of the Land Court such salary as the SCTS may determine.
3
Sums required by the SCTS for the payment of a salary under this paragraph are charged on the Scottish Consolidated Fund.
3A
1
The SCTS may pay to a member of the Land Court such sums as it may determine in respect of expenses reasonably incurred by the member in the performance of, or in connection with, the member's duties.
2
The SCTS may—
a
determine the circumstances in which sums may be paid, and
b
determine different circumstances for different members.

3

For paragraph 18 substitute—

18
1
The Scottish Ministers are to pay to each of the following persons such remuneration as they may determine—
a
the principal clerk of the Land Court,
b
persons appointed or employed under paragraph 8 of this Schedule.
2
The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to each of the following persons such remuneration as the SCTS may determine—
a
persons nominated under paragraph 7A of this Schedule,
b
persons appointed under paragraph 10 of this Schedule.
3
The SCTS may pay to each of the following persons such sums as it may determine in respect of expenses reasonably incurred by the person in the performance of, or in connection with, the person's duties—
a
persons nominated under paragraph 7A of this Schedule,
b
persons appointed under paragraph 10 of this Schedule.
4
The SCTS may—
a
determine the circumstances in which sums may be paid, and
b
determine different circumstances for different persons.
5
Expenditure incurred by the Land Court in the performance of its functions may be paid by the Scottish Ministers.

PART 9JUSTICE OF THE PEACE COURTS

I24127Establishing, relocating and disestablishing justice of the peace courts

1

Section 59 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (establishing etc. JP courts) is amended in accordance with subsections (2) and (3).

2

In each of subsections (2) and (6), after “may” insert “ , following submission of a proposal under subsection (7), ”.

3

For subsections (7) and (7A) substitute—

7
The Scottish Courts and Tribunals Service may, with the agreement of the Lord President, submit a proposal to the Scottish Ministers for the making of an order under subsection (2) or (6).
7A
Before submitting a proposal to the Scottish Ministers, the Scottish Courts and Tribunals Service must consult such persons as it considers appropriate.
7B
If, following submission of a proposal, the Scottish Ministers decide to make an order, they must have regard to the proposal in deciding what provision to make in the order.
7C
The Scottish Ministers may make an order under subsection (2) or (6) only with the consent of—
a
the Lord President, and
b
the Scottish Courts and Tribunals Service.

4

In section 81(3)(a) of that Act (orders under the Act that are subject to affirmative procedure), after “56” insert “ , 59(2) or (6) ”.

I232128Abolition of the office of stipendiary magistrate

1

The office of stipendiary magistrate is abolished.

2

Subsection (3) applies to a person who, immediately before this section comes into force, holds office as a full-time stipendiary magistrate.

3

The person is to be appointed, by virtue of this subsection, as a summary sheriff unless the person declines the appointment.

4

Subsection (3) applies regardless of whether the person is qualified for appointment as a summary sheriff.

5

Subsection (6) applies to a person who, immediately before this section comes into force, holds office as a part-time stipendiary magistrate.

6

The person is to be appointed, by virtue of this subsection, as a part-time summary sheriff unless the person declines the appointment.

7

Subsection (6) applies regardless of whether the person is qualified for appointment as a part-time summary sheriff.

8

A person appointed—

a

as a summary sheriff by virtue of subsection (3) is to be treated for all purposes as if appointed as such under section 5(2),

b

as a part-time summary sheriff by virtue of subsection (6) is to be treated for all purposes as if appointed as such under section 10(1).

I233129Summary sheriffs to sit in justice of the peace courts

A summary sheriff of a sheriffdom may constitute, and exercise the jurisdiction and powers of, any justice of the peace court established for any sheriff court district in the sheriffdom.

PART 10THE SCOTTISH COURTS AND TRIBUNALS SERVICE

I2 I22130The Scottish Courts and Tribunals Service

1

The Scottish Court Service is renamed and is to be known as the Scottish Courts and Tribunals Service (“the SCTS”).

2

After section 61 of the Judiciary and Courts (Scotland) Act 2008 insert—

61AAdministrative support for the Scottish Tribunals and their members etc.
1
The SCTS has the function of providing, or ensuring the provision of, the property, services, officers and other staff required for the purposes of—
a
the Scottish Tribunals,
b
the members of those Tribunals, and
c
such other tribunals (and their members) as the Scottish Ministers may by order specify.
2
In carrying out that function, the SCTS must—
a
take account, in particular, of the needs of members of the public and those involved in proceedings in the tribunals, and
b
so far as practicable and appropriate, co-operate and co-ordinate activity with any other person having functions in relation to the administration of justice.
3
In this Part, references to—
a
the Scottish Tribunals are to the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland,
b
the members of the Scottish Tribunals are to be construed in accordance with the Tribunals (Scotland) Act 2014.

3

Schedule 4, which makes further provision in relation to the Scottish Courts and Tribunals Service, has effect.

4

Any reference in any enactment to the Scottish Court Service is, unless the contrary intention appears, to be construed as a reference to the Scottish Courts and Tribunals Service.

PART 11THE JUDICIAL APPOINTMENTS BOARD FOR SCOTLAND

I23131Assistants to the Judicial Appointments Board for Scotland

1

In schedule 1 to the Judiciary and Courts (Scotland) Act 2008 (the Judicial Appointments Board for Scotland)—

a

after paragraph 13 insert—

13AAppointment of persons to assist the Board
1
The Board may appoint persons (other than Board members) to assist the Board with the carrying out of its functions.
2
The Board may appoint persons under sub-paragraph (1) as—
a
legal assistants, or
b
lay assistants.
3
A person may be appointed as a legal assistant if the person is a solicitor or advocate practising as such in Scotland.
4
A person may be appointed as a lay assistant if the person is eligible for appointment as a lay member of the Board.
5
It is for the Board to determine the number of persons who may be appointed under this paragraph.
6
A person who is disqualified from membership of the Board by virtue of paragraph 5 is also disqualified from being a legal assistant or a lay assistant.
7
Persons appointed under this paragraph are to be appointed for such period of not more than 3 years as the Board may determine.
8
At the end of a period of appointment, a person may be reappointed.
9
A person appointed under this paragraph may resign by giving notice in writing to the Board.
10
The Chairing Member may, by notice in writing, rescind a person's appointment under this paragraph if satisfied that the person—
a
has been convicted of any offence,
b
has become insolvent, or
c
is otherwise unfit to be a legal assistant or, as the case may be, a lay assistant or unable for any reason to discharge the functions of such an assistant.
11
Each person appointed under this paragraph is entitled to such fees and expenses, if any, as the Scottish Ministers may determine.
12
It is for the Scottish Ministers to pay those fees and expenses.
13BPowers and conduct of persons appointed to assist the Board
1
A person appointed under paragraph 13A(1) as a legal assistant may, so far as authorised by the Board, do anything that a legal member of the Board may do, other than take part in a decision of the Board to recommend an individual for appointment.
2
A person appointed under paragraph 13A(1) as a lay assistant may, so far as authorised by the Board, do anything that a lay member of the Board may do, other than take part in a decision of the Board to recommend an individual for appointment.
3
The Board must issue (and may from time to time revise) a code of conduct for persons appointed under paragraph 13A(1).
4
Persons appointed under paragraph 13A(1) must have regard to the provisions of the code of conduct while assisting the Board in the carrying out of its functions.

b

in paragraph 16A (proceedings relating to the Scottish Tribunals), after sub-paragraph (6) insert—

6A
Sub-paragraph (6B) applies if—
a
the Board is exercising any function under this Act in connection with a position mentioned in section 10(2A),
b
the Board authorises a person appointed under paragraph 13A(1) to assist it in relation to any proceedings relating to the function, and
c
the person authorised to assist the Board in relation to the proceedings is a member of the Scottish Tribunals.
6B
The member of the Scottish Tribunals selected under sub-paragraph (3) may elect not to take part in the proceedings in respect of which the assistant is authorised to assist.

2

In paragraph 10(1)(b) of schedule 9 to the Tribunals (Scotland) Act 2014, (transitional provision: making appointments), for “and (3)” substitute “ , (3), (6A) and (6B) ”.

PART 12GENERAL

I92 I161 I212 I228 I234 I255132Modifications of enactments

Schedule 5 makes minor modifications of enactments and modifications consequential on the provisions of this Act.

133Subordinate legislation

1

Any power of the Scottish Ministers to make an order under this Act includes power to make—

a

different provision for different purposes or areas,

b

incidental, supplemental, consequential, transitional, transitory or saving provision.

2

The following orders are subject to the affirmative procedure—

a

an order under section 2(1), 39(5), 44(3), 72(12), 81(1), 107(4) or 135(2) or paragraph 3(5) of schedule 4, or

b

an order under section 137(1) containing provisions which add to, replace or omit any part of the text of an Act.

3

All other orders made by the Scottish Ministers under this Act are subject to negative procedure.

4

This section does not apply to an order under section 138(2).

I1134References to “sheriff”

1

In this Act, references to a sheriff include references to any other member of the judiciary of a sheriffdom, so far as that member has the jurisdiction and competence that attaches to the office of sheriff.

I132

So far as necessary for the purposes, or in consequence, of the exercise by a member of the judiciary of a sheriffdom other than a sheriff of the jurisdiction and competence of a sheriff, references in any other enactment to a sheriff are to be read as including references to any of the members of the judiciary of a sheriffdom.

3

Subsections (1) and (2) do not apply—

a

to references to the office of sheriff,

b

to any provision of this Act or any other enactment relating to—

i

the appointment, retirement, removal or disqualification of sheriffs,

ii

the tenure of office of, and oaths to be taken by, sheriffs,

iii

the remuneration, allowances or pensions of sheriffs,

c

where the context requires otherwise.

135Definition of “family proceedings”

1

In this Act, “family proceedings” means proceedings for or in relation to—

a

divorce,

b

separation,

c

declarator of parentage,

d

declarator of non-parentage,

e

an order under section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities, etc.) other than an application for the appointment of a judicial factor mentioned in subsection (2)(g) of that section to which Part 1 of the Act of Sederunt (Judicial Factors Rules) 1992 (S.I. 1992/272) applies,

f

aliment (including affiliation and aliment),

g

financial provision after a divorce or annulment in an overseas country within the meaning of Part 4 of the Matrimonial and Family Proceedings Act 1984 (financial provision in Scotland after overseas divorce, etc.),

h

an order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981,

i

variation or recall of an order mentioned in section 8(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (variation and recall by the sheriff of certain orders made by the Court of Session),

j

declarator of marriage,

k

declarator of nullity of marriage,

l

declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of section 7(9) of the Domicile and Matrimonial Proceedings Act 1973,

m

an order under section 28(2) (financial provision where cohabitation ends otherwise than by death) or section 29(2) (application by survivor cohabitant for provision on intestacy) of the Family Law (Scotland) Act 2006,

n

dissolution of civil partnership,

o

separation of civil partners,

p

declarator of nullity of civil partnership,

q

an order under Chapter 3 (occupancy rights and tenancies) or Chapter 4 (interdicts) of Part 3 of the Civil Partnership Act 2004,

r

a declarator or other order under section 127 of that Act (attachment),

s

financial provision after overseas proceedings as provided for in Schedule 11 to that Act (financial provision in Scotland after overseas proceedings).

2

The Scottish Ministers may by order modify subsection (1).

136Interpretation

1

In this Act, unless the context requires otherwise—

“advocate” means a member of the Faculty of Advocates,
“all-Scotland sheriff court” is to be construed in accordance with section 42(7),
“civil proceedings” includes—
1. a
  proceedings under the Children's Hearings (Scotland) Act 2011, and
2. b
  proceedings for contempt of court where the contempt—
  1. i
    arises in, or in connection with, civil proceedings, or
  2. ii
    relates to an order made in civil proceedings,
“decision”, in relation to a sheriff, judge or court, includes interlocutor, order or judgment,
“final judgment” means a decision which, by itself, or taken along with previous decisions, disposes of the subject matter of proceedings, even though judgment may not have been pronounced on every question raised or expenses found due may not have been modified, taxed or decerned for,
“sheriff clerk” includes sheriff clerk depute,
“solicitor” means a solicitor enrolled in the roll of solicitors kept under section 7 of the Solicitors (Scotland) Act 1980.

2

In this Act, references to the judiciary of a sheriffdom are, in relation to a sheriffdom, references to the following—

a

the sheriff principal of the sheriffdom,

b

any other sheriff principal so far as authorised under section 30 to perform the functions of the sheriff principal of the sheriffdom,

c

any temporary sheriff principal appointed for the sheriffdom,

d

the sheriffs and summary sheriffs of the sheriffdom,

e

any other sheriffs or summary sheriffs so far as directed under section 31 to perform the functions of sheriff or summary sheriff in the sheriffdom,

f

any part-time sheriffs and part-time summary sheriffs for the time being sitting in the sheriffdom,

g

any person appointed under section 12(1) to act as a sheriff or summary sheriff of the sheriffdom,

and references to a “member” of the judiciary of a sheriffdom are to be construed accordingly.

3

In this Act, references to proceedings in the sheriff court are references to proceedings before any member of the judiciary of a sheriffdom.

137Ancillary provision

1

The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

2

An order under this section may modify any enactment (including this Act), instrument or document.

138Commencement

1

This Part, other than sections 132 and 134(2), comes into force on the day after Royal Assent.

2

The remaining provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

3

An order under subsection (2) may include transitional, transitory or saving provision.

139Short title

The short title of this Act is the Courts Reform (Scotland) Act 2014.

SCHEDULE 1CIVIL PROCEEDINGS, ETC. IN RELATION TO WHICH SUMMARY SHERIFF HAS COMPETENCE

(introduced by section 44(1))

Family proceedings

I1621

Family proceedings.

Domestic abuse proceedings

I1632

Proceedings for or in relation to—

a

an action of harassment under section 8(2) of the Protection from Harassment Act 1997,

b

an exclusion order under section 4(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981,

c

a matrimonial interdict (within the meaning of section 14 of that Act),

d

a domestic interdict (within the meaning of section 18A of that Act),

e

an exclusion order under section 104 of the Civil Partnership Act 2004,

f

a relevant interdict (within the meaning of section 113 of that Act).

Adoption proceedings

I1643

Proceedings for or in relation to—

a

an adoption order within the meaning of section 28(1) of the Adoption and Children (Scotland) Act 2007,

b

an order under section 59(1) of that Act (preliminary order where child to be adopted abroad),

c

a permanence order under section 80(1) of that Act.

Children's hearings proceedings

I1654

Proceedings under the Children's Hearings (Scotland) Act 2011.

Forced marriage proceedings

I1665

Proceedings for or in relation to—

a

a forced marriage protection order under section 1(1) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011,

b

an interim forced marriage protection order under section 5(1) of that Act.

Warrants and interim orders

I1676

The granting of—

a

a warrant of citation (including such warrants where the address of the defender is unknown),

b

an interim interdict,

c

an order for the interim preservation of property,

d

an order to recall an interim interdict.

Diligence proceedings

I1687

Proceedings under—

a

Part 1A of the Debtors (Scotland) Act 1987 (diligence on the dependence) (including proceedings to which that Part is applied by section 15N of that Act), other than proceedings in which there is claimed, in addition or as an alternative to a warrant, a decree for payment of a sum of money exceeding £5,000,

b

Part III of that Act (diligence against earnings),

c

Part 3A of that Act (arrestment and action of furthcoming),

d

Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (attachment of money).

I1698

The receipt of a report of money attachment under section 182(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007.

I1709

The granting of authority to begin or continue execution of a decree for removing from heritable property under section 217(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007.

I17110

Proceedings for or in relation to—

a

a warrant for the arrest of a ship on the dependence of an action or for the arrest of a ship in rem under section 47 of the Administration of Justice Act 1956, other than proceedings in which there is claimed, in addition or as an alternative to a warrant, a decree for payment of a sum of money exceeding £5,000,

b

an order for the sale of a ship arrested on the dependence of an action under section 47E of that Act, other than an order relating to a decree for payment of a sum of money exceeding £5,000.

Extension of time to pay debts

I17211

Proceedings for or in relation to—

a

a time to pay direction under section 1 of the Debtors (Scotland) Act 1987,

b

a time to pay order under section 5 of that Act.

Simple procedure

I17312

A simple procedure case within the meaning of section 72(9).

SCHEDULE 2APPEAL SHERIFFS: TEMPORARY PROVISION

(introduced by section 53)

The transitional period

I122 I1741

In this schedule, “the transitional period” means the period of 3 years beginning with the day on which section 46 comes into force.

Appointment of Senators of the College of Justice to act as Appeal Sheriffs

I123 I1752

1

The Lord President of the Court of Session may appoint persons holding the office of Senator of the College of Justice to act as Appeal Sheriffs for the transitional period.

2

The Lord President may appoint as many persons under sub-paragraph (1) as the Lord President considers necessary for the purposes of the Sheriff Appeal Court during the transitional period.

3

A person may be appointed under sub-paragraph (1) only if the person has held office as a Senator of the College of Justice for at least one year.

4

The appointment of a Senator of the College of Justice to act as an Appeal Sheriff does not affect the Senator's appointment as a Senator and the Senator may accordingly continue to act in that capacity.

5

A person appointed under sub-paragraph (1) is to be treated for all purposes (other than for the purposes of the enactments specified in sub-paragraph (6)) as an Appeal Sheriff and may exercise the jurisdiction and powers that attach to the office of Appeal Sheriff.

6

The enactments referred to in sub-paragraph (5) are—

a

sections 50 and 51,

b

section 304(2)(c)(zi) of the Criminal Procedure (Scotland) Act 1995.

Tenure

I124 I1763

1

c

for “Lords Commissioners of Justiciary” in each place where it occurs substitute “ Appeal Sheriffs ”.

I1803

In section 174 (appeals relating to preliminary pleas), in each of subsections (1), (2) and (4), for “High Court” substitute “ Sheriff Appeal Court ”.

I1814

In section 175 (right of appeal), in each of subsections (2), (3), (4), (5) and (5E), for “High Court” substitute “ Sheriff Appeal Court ”.

I1825

In section 176(4) (stated case: manner and time of appeal), for “High Court” substitute “ Sheriff Appeal Court ”.

I1836

1

Section 177 (procedure where appellant in custody) is amended in accordance with this paragraph.

2

In subsection (3)—

a

for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”,

b

for “judge” in each place where it occurs substitute “ Appeal Sheriff ”.

3

In each of subsections (3) and (4), for “High Court” substitute “ Sheriff Appeal Court ”.

I1847

In section 178(2) (stated case: preparation of draft), for “High Court” substitute “ Sheriff Appeal Court ”.

I1858

In section 179 (stated case: adjustment and signature), in each of subsections (8)(b) and (9), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

I1869

1

Section 180 (leave to appeal against conviction etc.) is amended in accordance with this paragraph.

2

In subsection (1), for “a judge” substitute “ an Appeal Sheriff ”.

3

In each of subsections (1), (3), (4), (4A), (5), (8), (9) and (9A), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

4

In each of subsections (2)(b) and (10), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

5

In each of subsections (9)(b) and (10), for “Crown Agent” substitute “ prosecutor ”.

10 I1871

Section 181 (stated case: directions by court) is amended in accordance with this paragraph.

I1872

The title becomes “ Stated case: directions by Sheriff Appeal Court ”.

I1873

In subsection (1), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

4

In subsection (1A), for “High Court” substitute “ Sheriff Appeal Court ”.

5

In subsection (1B), for “High Court” substitute “ Sheriff Appeal Court ”.

I1876

In subsection (2), for “Clerk of Justiciary” in each place where it occurs substitute “ Clerk of the Sheriff Appeal Court ”.

I1877

In subsection (3)—

a

for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”,

b

for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

8

In subsection (5), for “High Court” substitute “ Sheriff Appeal Court ”.

I18811

1

Section 182 (stated case: hearing of appeal) is amended in accordance with this paragraph.

2

In each of subsections (1), (2), (3), (5) and (6) for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

3

In subsection (5)(b), for “a judge” substitute “ an Appeal Sheriff ”.

I18912

In section 183 (stated case: disposal of appeal), in each of subsections (1), (3), (4), (6), (7), (9) and (10), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

I19013

In section 184 (abandonment of appeal), in each of subsections (1) and (2), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

I19114

In section 185(10) (authorisation of new prosecution), for “High Court” substitute “ Sheriff Appeal Court ”.

I19215

1

Section 186 (appeals against sentence only) is amended in accordance with this paragraph.

2

In each of subsections (4)(a), (9)(a) and (9)(b), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

3

In each of subsections (6) and (7), for “High Court” substitute “ Sheriff Appeal Court ”.

I19316

1

Section 187 (leave to appeal against sentence) is amended in accordance with this paragraph.

2

In subsection (1), for “a judge” substitute “ an Appeal Sheriff ”.

3

In each of subsections (1), (2), (3), (3A), (4), (7), (8) and (8A), for “High Court” substitute “ Sheriff Appeal Court ”.

4

In each of subsections (1)(a) and (9), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

5

In each of subsections (8)(b) and (9), for “Crown Agent” substitute “ prosecutor ”.

I19417

1

Section 188 (setting aside conviction or sentence) is amended in accordance with this paragraph.

2

In each of subsections (3)(a), (4) and (6), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

3

In each of subsections (3)(b) and (4), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

4

In subsection (4), for “judge” in each place where it occurs substitute “ Appeal Sheriff ”.

I19518

In section 189 (disposal of appeal against sentence), in each of subsections (1), (3), (4), (6) and (7), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

I19619

In section 190(1) (disposal of appeal where appellant not criminally responsible), for “High Court” substitute “ Sheriff Appeal Court ”.

I19720

In section 191 (appeal by suspension or advocation on ground of miscarriage of justice), in each of subsections (1) and (2), for “High Court” substitute “ Sheriff Appeal Court ”.

I19821

In section 191A (time limit for lodging bills of advocation and bills of suspension), in each of subsections (1)(a), (1)(b) and (3), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

F322

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I19923

In section 192(2) (appeals: miscellaneous provisions), for “High Court” substitute “ Sheriff Appeal Court ”.

I20024

In section 193A (suspension of certain sentences pending determination of appeal), in each of subsections (1) and (2), for “High Court” substitute “ Sheriff Appeal Court ”.

F225

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I20126

In section 307 (interpretation), after the definition of “Clerk of Justiciary” insert—

“Clerk of the Sheriff Appeal Court” includes Deputy Clerk of the Sheriff Appeal Court and any person authorised to carry out the functions of Clerk of the Sheriff Appeal Court;

SCHEDULE 4THE SCOTTISH COURTS AND TRIBUNALS SERVICE

(introduced by section 130(3))

PART 1CONFERRAL OF ADDITIONAL FUNCTIONS ETC. IN RELATION TO TRIBUNALS

Modification of the Judiciary and Courts (Scotland) Act 2008

1 I3 I61

The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.

I3 I62

For “SCS” in each place where it occurs, substitute “ SCTS ”.

I73

In section 60 (the Scottish Court Service), in subsection (1), for “Court” substitute “ Courts and Tribunals ”.

I74

In section 62 (administrative support for persons other than the Scottish courts and judiciary)—

a

after subsection (1)(a)(i) insert—

ia
functions conferred on the Lord President as Head of the Scottish Tribunals,

b

after subsection (1)(c) insert—

ca
the President of the Scottish Tribunals in the carrying out of—
i
functions delegated to the President of the Scottish Tribunals by the Lord President as Head of the Scottish Tribunals, and
ii
other non-judicial functions of the President of the Scottish Tribunals,

I75

In section 70(1)(a)(i) (Scottish Ministers' default power), after “courts” insert “ or the Scottish Tribunals ”.

I3 I66

Schedule 3 (the Scottish Court Service) is amended in accordance with sub-paragraphs (7) to (11).

I77

Paragraph 1 is repealed.

I3 I68

In paragraph 2—

a

for sub-paragraph (2)(c) substitute—

c
the President of the Scottish Tribunals,

b

the word “and” immediately preceding sub-paragraph (2)(f) is repealed,

c

after sub-paragraph (2)(f) insert

, and
g
one person holding the position of Chamber President in the First-tier Tribunal for Scotland.

d

after sub-paragraph (6) insert—

7
In this schedule, references to the position of Chamber President in the First-tier Tribunal for Scotland are to be construed in accordance with the Tribunals (Scotland) Act 2014.

I3 I69

In paragraph 3, in sub-paragraph (1) after “Clerk” insert “ , the President of the Scottish Tribunals ”.

I710

In paragraph 13, after sub-paragraph (2)(a) insert—

aa
the judicial member who holds the position of Chamber President in the First-tier Tribunal for Scotland (unless that member receives a salary in respect of that position),

I711

In paragraph 20, after sub-paragraph (2)(a)(i) insert—

ia
the purposes of tribunals or the members of tribunals,

I712

The title of—

a

Part 4 becomes “ THE SCOTTISH COURTS AND TRIBUNALS SERVICE ”,

b

section 60 becomes “ The Scottish Courts and Tribunals Service ”,

c

schedule 3 becomes “ THE SCOTTISH COURTS AND TRIBUNALS SERVICE ”.

PART 2TRANSITIONAL PROVISION

PART 3CONSEQUENTIAL REPEALS, ETC.

Lands Tribunal Act 1949

I1014

Section 2(7) of the Lands Tribunal Act 1949 is repealed.

Mental Health (Care and Treatment) (Scotland) Act 2003

I1025

Paragraph 8(1) and (2) of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 is repealed.

Education (Additional Support for Learning) (Scotland) Act 2004

I1036

Paragraph 9 of schedule 1 to the Education (Additional Support for Learning) (Scotland) Act 2004 is repealed.

Charities and Trustee Investment (Scotland) Act 2005

I1047

Paragraph 3 of schedule 2 to the Charities and Trustee Investment (Scotland) Act 2005 is repealed.

Tribunals (Scotland) Act 2014

I998

Section 77 (administrative support) of the Tribunals (Scotland) Act 2014 is repealed.

Revenue Scotland and Tax Powers Act 2014

I1009

1

The Revenue Scotland and Tax Powers Act 2014 is amended in accordance with this paragraph.

2

Section 58 (administrative support) is repealed.

3

In section 59 (guidance), in subsection (2)—

a

in paragraph (b), for “tribunals” substitute “ Scottish Courts and Tribunals Service ”,

b

paragraph (c) is repealed.

SCHEDULE 5MODIFICATIONS OF ENACTMENTS

(introduced by section 132)

PART 1SHERIFF COURTS

Promissory Oaths Act 1868

I1051

In the Promissory Oaths Act 1868, in the second part of the Schedule (persons to take oaths of allegiance and judicial oaths), after “part-time sheriffs” insert “ , summary sheriffs, part-time summary sheriffs ”.

Promissory Oaths Act 1871

I1072

In section 2 of the Promissory Oaths Act 1871 (persons before whom oaths are to be taken), for “or sheriff, or, for a part-time sheriff,” substitute “ , sheriff or summary sheriff, or, for a part-time sheriff or part-time summary sheriff, ”.

Sheriff Courts (Scotland) Act 1876

I1083

In the Sheriff Courts (Scotland) Act 1876, section 54 (courts to make acts of sederunt) is repealed (so far as not previously repealed).

Sheriff Courts (Scotland) Act 1907

4

The following provisions of the Sheriff Courts (Scotland) Act 1907 are repealed—

I8 I202a

sections 4 to 7 (jurisdiction, extension of jurisdiction, power of sheriff to order sheriff clerk to execute deeds relating to heritage, action competent in sheriff court and privative jurisdiction in causes under one thousand five hundred pounds value),

b

sections 10 and 11 (privilege not to exempt from jurisdiction and appointment of sheriffs and salaried sheriffs-substitute),

c

section 14 (salaries of sheriffs and sheriffs-substitute),

d

section 17 (honorary sheriff-substitute),

I223e

sections 27 to 29 (appeal to sheriff, appeal to Court of Session and effect of appeal),

I9f

sections 39 and 40 (procedure rules and Court of Session to regulate fees etc.),

g

section 50 (summary applications),

h

Schedule 1 (ordinary cause rules 1993).

Sheriff Courts and Legal Officers (Scotland) Act 1927

I1095

1

Section 8 of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (issuing of instructions to sheriff clerks and procurators fiscal) is amended in accordance with this paragraph.

2

In subsection (1), for “as regards sheriff clerks and the Lord Advocate as regards procurators fiscal may from time to time issue” substitute “ may from time to time issue to sheriff clerks ”.

3

After subsection (1) insert—

1A
The Lord Advocate may from time to time issue to procurators fiscal such instructions as may be deemed necessary for the purpose of—
a
giving effect to the provisions of this Act, or
b
the efficient disposal of business in the sheriff courts.

Sheriff Courts (Scotland) Act 1971

6 I10 I203 I2561

The Sheriff Courts (Scotland) Act 1971 is amended in accordance with this paragraph.

I10 I203 I2562

The whole Act, apart from sections 2(3) and 3(4), is repealed.

3

In section 2(3) (compensation for loss of office), for “subsection (1) above includes, by virtue of subsection (2)(a) above,” substitute “ section 2(1) of the Courts Reform (Scotland) Act 2014 includes ”.

4

In section 3(4) (compensation for loss of employment), for “subsection (2) above” substitute “ section 2(1) of the Courts Reform (Scotland) Act 2014 ”.

Civil Jurisdiction and Judgments Act 1982

I1117

In section 20(3) of the Civil Jurisdiction and Judgments Act 1982 (rules as to jurisdiction in Scotland)—

a

for the opening words substitute “ Section 43 of the Courts Reform (Scotland) Act 2014 does not apply— ”,

b

in paragraph (a), the words “to the extent that it determines jurisdiction” are repealed.

Judicial Pensions and Retirement Act 1993

I2048

In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (relevant offices for the purposes of retirement provisions)—

a

for the entry for “Sheriff principal or sheriff in Scotland” substitute— “ Sheriff principal, sheriff or summary sheriff in Scotland ”,

b

after the entry for “Part-time sheriff in Scotland”, insert— “ Part-time summary sheriff in Scotland ”,

c

the entry for “Stipendiary magistrate in Scotland” is repealed.

Judiciary and Courts (Scotland) Act 2008

I969

1

The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.

2

The following provisions are repealed—

a

sections 24 to 26 (amendments of Sheriff Courts (Scotland) Act 1971 relating to sheriffs principal, sheriffs and part-time sheriffs),

b

section 40 (amendments of the 1971 Act relating to consideration of fitness for, and removal from, shrieval office),

c

sections 47 to 56 (miscellaneous amendments of the 1971 Act relating to the sheriff courts),

d

section 64(1) and (2) (amendments of the 1971 Act relating to remuneration and allowances of certain judicial office holders),

e

in section 72 (interpretation), the definition of “the 1971 Act”,

f

in schedule 5, paragraph 2 (consequential amendments of the 1971 Act).

3

In subsection (1) of section 10 (judicial offices within the remit of the Judicial Appointments Board for Scotland), after paragraph (f) insert—

fza
the office of summary sheriff,
fzb
the office of part-time summary sheriff,

4

In section 43 (meaning of “judicial office holder”)—

a

in subsection (1), for paragraph (c) substitute—

c
a person acting as a sheriff or as a summary sheriff by virtue of section 12(1) or 13(5) of the Courts Reform (Scotland) Act 2014.

b

in subsection (2), after paragraph (g) insert—

ga
the office of summary sheriff,
gb
the office of part-time summary sheriff,

5

In section 62(1)(c) (administrative support to be provided by the Scottish Courts and Tribunals Service), for “section 15 to 17 of the 1971 Act” substitute “ sections 27 and 28 of the Courts Reform (Scotland) Act 2014 ”.

6

In section 72 (interpretation)—

a

in the definition of “office of part-time sheriff” for “11A, or a reappointment under section 11B(5) or (7), of the 1971 Act” substitute “ 8(1), or a reappointment under section 9(1) or (3), of the Courts Reform (Scotland) Act 2014 ”,

b

after the definition of “office of part-time sheriff” insert—

“office of part-time summary sheriff” means an appointment under section 10(1), or a reappointment under section 11(1) or (3), of the Courts Reform (Scotland) Act 2014, and references to suspension from that office are to be construed accordingly,

c

in the definition of “office of temporary sheriff principal” for “11(1) or (1A) of the 1971 Act” substitute “ 6(2) of the Courts Reform (Scotland) Act 2014 ”.

PART 2SHERIFF APPEAL COURT

Sheriff Courts and Legal Officers (Scotland) Act 1927

I11010

In section 1 of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerk and procurator fiscal), after subsection (5) insert—

6
For the purposes of subsection (3) above, the appointment of a sheriff clerk as Clerk of the Sheriff Appeal Court under section 59 of the Courts Reform (Scotland) Act 2014 is not a removal from office.

Public Records (Scotland) Act 1937

I11211

1

The Public Records (Scotland) Act 1937 is amended in accordance with this paragraph.

2

After section 1, insert—

1ASheriff Appeal Court records
1
The records of the Sheriff Appeal Court are to be transmitted to the Keeper at such times, and subject to such conditions as may be prescribed—
a
in relation to records relating to criminal proceedings, by act of adjournal,
b
in relation to other records, by act of sederunt.
2
An act of adjournal or act of sederunt under subsection (1) may—
a
fix different times and conditions of transmission for different descriptions or records,
b
make provision for—
i
re-transmission of records to the High Court of Justiciary, the Court of Session or the Sheriff Appeal Court when such re-transmission is necessary for the purposes of proceedings in any of the Courts, and
ii
the return to the Keeper of any records so re-transmitted as soon as they have ceased to be required for such a purpose.
3
Before making an act of adjournal or act of sederunt under subsection (1), the High Court of Justiciary or, as the case may be, the Court of Session must consult the Keeper.

3

In section 2(2) (re-transmission of sheriff court records from the Keeper to the courts)—

a

after “Session” in the first place it occurs insert “ , the Sheriff Appeal Court ”,

b

after “Session” in the second place it occurs insert “ , of an Appeal Sheriff ”.

4

In section 2A(3) (re-transmission of JP court records from the Keeper to the courts)—

a

after “Session,” in the first place it occurs insert “ the Sheriff Appeal Court, ”,

b

after “Session” in the second place it occurs insert “ , of an Appeal Sheriff ”.

5

In section 14(1) (interpretation), after the definition of “records of the Court of Session” and “records of the High Court of Justiciary” insert—

the expression “records of the Sheriff Appeal Court” includes the registers, minute books, processes, writs or documents belonging to or in the custody of the Sheriff Appeal Court;

Administration of Justice (Scotland) Act 1972

12 I111

Section 1 of the Administration of Justice (Scotland) Act 1972 (powers of courts to order inspection of documents or other property etc.) is amended in accordance with this paragraph.

I2242

In subsection (1), after “Session” insert “ , of the Sheriff Appeal Court ”.

I2243

In subsection (1A), after “Session” insert “ , of the Sheriff Appeal Court ”.

I114

In subsection (3), after “sheriff court” insert “ and the Sheriff Appeal Court ”.

Civil Jurisdiction and Judgments Act 1982

I22513

In section 50 of the Civil Jurisdiction and Judgments Act 1982 (interpretation), in the definition of “court of law”, in paragraph (c) after “Session” insert “ , the Sheriff Appeal Court ”.

Legal Aid (Scotland) Act 1986

14 I2051

The Legal Aid (Scotland) Act 1986 is amended in accordance with this paragraph.

I2052

In section 21(1) (criminal legal aid), in paragraph (a), after sub-paragraph (i) insert—

ia
the Sheriff Appeal Court;

I2053

In section 25 (legal aid in appeals)—

a

in subsection (2)(b)—

i

for “or 175(2)” substitute “ , 175(2) or 194ZB(1) ”,

ii

after “leave” insert “ or permission ”,

b

in subsection (2A), after “High Court” insert “ or, in the case of an appeal to the Sheriff Appeal Court, that Court ”,

c

in subsection (2B), after “High Court” insert “ or, in the case of an appeal to the Sheriff Appeal Court, that Court ”,

d

in subsection (5)—

i

for “or 187” substitute “ , 187, 194ZD or 194ZE ”,

ii

after “leave” in each place where it occurs insert “ or permission ”.

I2264

In Part 1 of Schedule 2 (courts in which civil legal aid is available), in paragraph 1, after the entry for the Scottish Land Court, insert— “ the Sheriff Appeal Court; ”.

Criminal Procedure (Scotland) Act 1995

I20615

In section 304 of the Criminal Procedure (Scotland) Act 1995 (Criminal Courts Rules Council), in subsection (2)(c), before sub-paragraph (i) insert—

zi
one Appeal Sheriff;

Judiciary and Courts (Scotland) Act 2008

I9716

1

The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.

2

In section 2 (Head of the Scottish Judiciary)—

a

after subsection (2) insert—

2A
If, in carrying out the responsibility mentioned in subsection (2)(a), the Lord President gives a direction of an administrative character to the President of the Sheriff Appeal Court, the President must comply with the direction.

b

in subsection (6), after paragraph (e) insert—

ea
the Sheriff Appeal Court,

3

In subsection (2) of section 43 (meaning of “judicial office holder”), after paragraph (c) insert—

ca
the office of Appeal Sheriff,

4

In section 62 (Scottish Court Service to provide administrative support for other persons), in subsection (1), after paragraph (b) insert—

ba
the President of the Sheriff Appeal Court in the carrying out of functions under section 56 of the Courts Reform (Scotland) Act 2014,

Criminal Justice and Licensing (Scotland) Act 2010

I21317

1

The Criminal Justice and Licensing (Scotland) Act 2010 is amended in accordance with this paragraph.

2

In section 6 (effect of sentencing guidelines)—

a

for subsection (4), substitute—

4
Subsection (5) applies where, on an appeal in any case—
a
the High Court of Justiciary passes another sentence under one of the following provisions of the 1995 Act—
i
section 118(3),
ii
section 118(4)(b),
iii
section 118(4A)(b),
iv
section 118(4A)(c)(ii), or
b
the Sheriff Appeal Court or the High Court passes another sentence under section 189(1)(b) of that Act.

b

in subsection (5), after “Court” insert “ or, as the case may be, the Sheriff Appeal Court ”.

3

After section 8, insert—

8ASheriff Appeal Court's power to require preparation or review of sentencing guidelines
1
Where the Sheriff Appeal Court pronounces an opinion under section 189(7) of the 1995 Act, the Court may require the Council to—
a
prepare, for the approval of the High Court of Justiciary, sentencing guidelines on any matter, or
b
review any sentencing guidelines published by the Council on any matter.
2
On making a requirement under subsection (1), the Sheriff Appeal Court must state its reasons for doing so.
3
The Council must comply with a requirement made under subsection (1) and, in doing so, must have regard to the Sheriff Appeal Court's reasons for making the requirement.

4

In section 9 (publication of High Court guideline judgments)—

a

in subsection (1), for “or 189(7) of the 1995 Act” substitute “ of the 1995 Act and opinions of the Sheriff Appeal Court or the High Court pronounced under section 189(7) of that Act ”,

b

in subsection (2), after “High Court” insert “ or the Sheriff Appeal Court ”,

c

the title of the section becomes “ Publication of High Court and Sheriff Appeal Court guideline judgments ”.

5

In section 13 (annual report of the Scottish Sentencing Council), in subsection (3)—

a

the word “and” immediately following paragraph (d) is repealed,

b

after paragraph (e) insert

, and
f
requirements made by the Sheriff Appeal Court under section 8A and of the Council's response to them.

Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

I11418

In section 2 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (functions of the Scottish Civil Justice Council)—

a

in subsection (1)(b), after “in” where it fourth occurs insert “ the Sheriff Appeal Court or ”,

b

in subsection (6)—

i

the word “and” immediately following paragraph (a) is repealed,

ii

after that paragraph insert—

aa
the Sheriff Appeal Court, and

PART 3CIVIL JURY TRIALS

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

I20719

1

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 is amended in accordance with this paragraph.

2

In section 2(2) (fining of jurors in civil proceedings for non-attendance), after paragraph (a) insert—

aa
by the sheriff where imposed in the sheriff court;

3

In section 11 (no jury trial in civil actions in the sheriff court), after subsection (1) insert—

1A
Subsection (1) is subject to section 63 (civil jury trials in all-Scotland sheriff courts) of the Courts Reform (Scotland) Act 2014.

PART 4SIMPLE PROCEDURE

Heritable Securities (Scotland) Act 1894

20

In section 5 of the Heritable Securities (Scotland) Act 1894 (power to eject proprietor in personal occupation), after subsection (2) insert—

2A
Subsection (2) is subject to section 72(3) of the Courts Reform (Scotland) Act 2014 (which provides for certain proceedings for the recovery of heritable property to be subject to simple procedure).

Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963

21

The Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963 is repealed.

Conveyancing and Feudal Reform (Scotland) Act 1970

22

In section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (application by creditor to court for remedies on default), after subsection (1D) insert—

1E
Subsection (1D) is subject to section 72(3) of the Courts Reform (Scotland) Act 2014 (which provides for certain proceedings for the recovery of heritable property to be subject to simple procedure).

Legal Aid (Scotland) Act 1986

I25723

1

Part 2 of Schedule 2 to the Legal Aid (Scotland) Act 1986 (proceedings in which civil legal aid is not available) is amended in accordance with this paragraph.

2

In paragraph 3, sub-paragraph (c) (small claims) is repealed.

3

After paragraph 3, insert—

3A
Civil legal aid shall not be available in relation to the following categories of simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014) at first instance, namely—
a
proceedings for payment of a sum of money not exceeding £3,000 (exclusive of interest and expenses), other than—
i
proceedings in respect of aliment or interim aliment, and
ii
actions for personal injury,
b
actions ad factum praestandum and proceedings for the recovery of possession of moveable property in which (in either case) there is included, as an alternative to the claim, a claim for payment of a sum of money not exceeding £3,000 (exclusive of interest and expenses).
3B
In paragraph 3A—
a
“actions for personal injury” means actions to which section 17 or 18 of the Prescription and Limitation (Scotland) Act 1973 applies, and
b
“actions ad factum praestandum” includes actions for delivery and actions for implement but does not include actions for count, reckoning and payment.

PART 5JUDICIAL REVIEW

Tribunals (Scotland) Act 2014

I20824

After section 57 of the Tribunals (Scotland) Act 2014 insert—

57AProcedural steps where petition remitted
1
This section applies where the Court of Session remits a petition for judicial review under section 57(2).
2
It is for the Upper Tribunal to determine—
a
whether the petition has been made timeously, and
b
whether to grant permission for the petition to proceed under section 27B of the Court of Session Act 1988 (“the 1988 Act”) (requirement for permission).
3
Accordingly—
a
the Upper Tribunal has the same powers in relation to the petition as the Court of Session would have had in relation to it under sections 27A to 27C of the 1988 Act,
b
sections 27C and 27D of that Act apply in relation to a decision of the Upper Tribunal under section 27B(1) of that Act as they apply in relation to such a decision of the Court of Session.
4
The references in section 27C(3) and (4) of the 1988 Act (oral hearings where permission refused) to a different Lord Ordinary from the one who refused or granted permission are to be read as references to different members of the Tribunal from those of whom it was composed when it refused or granted permission.

PART 6REMIT OF CASES BETWEEN COURTS

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

I20925

In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 14 (remit from Court of Session to sheriff) is repealed.

PART 7REGULATION OF PROCEDURE AND FEES

Courts of Law Fees (Scotland) Act 1895

I11626

In the Courts of Law Fees (Scotland) Act 1895, section 2 (power of Scottish Ministers to regulate court fees) is repealed.

Vexatious Actions (Scotland) Act 1898

I25827

The Vexatious Actions (Scotland) Act 1898 is repealed.

Execution of Diligence (Scotland) Act 1926

I11728

In the Execution of Diligence (Scotland) Act 1926, section 6 (regulations, forms and fees) is repealed.

Administration of Justice (Scotland) Act 1972

I11329

In section 1(3) of the Administration of Justice (Scotland) Act 1972 (powers of courts to order inspection of documents or other property etc.), for “section 32 of the Sheriff Courts (Scotland) Act 1971” substitute “ section 104(1) of the Courts Reform (Scotland) Act 2014 ”.

Court of Session Act 1988

I9330

1

The Court of Session Act 1988 is amended in accordance with this paragraph.

2

In section 2(4) (composition of the Court), for “section 5(ba) below,” substitute “ an act of sederunt under section 103(1) of the Courts Reform (Scotland) Act 2014, ”.

3

Sections 5 (power to regulate procedure etc. by act of sederunt), 5A (rules for lay representation) and 6 (allocation of business etc. by act of sederunt) are repealed.

4

In section 26(3) (summary trials), for “this Act” substitute “ section 103(1) of the Courts Reform (Scotland) Act 2014 ”.

Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

I11831

1

The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 is amended in accordance with this paragraph.

2

In section 2 (functions of the Council)—

a

in subsection (1)(c), after sub-paragraph (i) insert—

ia
draft fees rules,

b

after subsection (6), insert—

6A
For the purposes of this Part, “draft fees rules” means drafts of such provision as the Court of Session may make by act of sederunt under section 105(1) or 106(1) of the Courts Reform (Scotland) Act 2014 (powers to regulate court fees).

3

In section 4 (Court of Session to consider rules)—

a

in subsection (1), after “rules” where it first occurs insert “ , draft fees rules ”,

b

in subsection (2), after “rules” where it first occurs insert “ , draft fees rules ”,

c

in subsection (3)—

i

the words from “which” to “section 2(5)” become paragraph (a), and

ii

after that paragraph insert—

b
under section 105(1) or 106(1) of the Courts Reform (Scotland) Act 2014.

PART 8CIVIL APPEALS

Court of Session Act 1988

32 I2101

The Court of Session Act 1988 is amended in accordance with this paragraph.

I2102

Section 24 (appeal to the Supreme Court in exchequer causes) is repealed.

I2273

In section 32 (appeals)—

a

in subsection (1), for “sheriff principal or sheriff under section 28 of the Sheriff Courts (Scotland) Act 1907” substitute “ Sheriff Appeal Court under section 113 of the Courts Reform (Scotland) Act 2014 or the judgment of a sheriff principal under section 114 of that Act ”,

b

in each of subsections (2) and (4), for “sheriff principal or sheriff” substitute “ Sheriff Appeal Court or, as the case may be, the sheriff principal ”.

I2104

In section 52 (consequential amendments, repeals and savings), subsection (3) is repealed.

Constitutional Reform Act 2005

I21133

In section 40 of the Constitutional Reform Act 2005 (jurisdiction of the Supreme Court), subsection (3) is repealed.

PART 9JUDGES OF THE COURT OF SESSION

Promissory Oaths Act 1868

I10634

In the Promissory Oaths Act 1868, in the Second Part of the Schedule, for “35(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990” substitute “ 20B(1) of the Judiciary and Courts (Scotland) Act 2008 ”.

Administration of Justice Act 1973

I23535

In section 9 of the Administration of Justice Act 1973 (judicial salaries), subsection (5) is repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

I11536

Section 22 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (re-employment of retired judges) is repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

I11937

1

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended in accordance with this paragraph.

2

In section 35 (judicial appointments)—

a

subsections (1) and (3) are repealed,

b

in subsection (2), for “the said Schedule” substitute “ Schedule 4 ”.

3

In Schedule 4 (judicial appointments), paragraphs 1 to 3 and 5 to 11 are repealed.

Judiciary and Courts (Scotland) Act 2008

I9838

1

The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.

2

In section 43(1)(b) (meaning of “judicial office holder”), for “22(1) or (4) (re-employment of retired Court of Session judges) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73)” substitute “ 20E(1) (re-employment of former judges) or 20F(3) (re-employment of former judges: further provision) ”.

3

In section 64 (amendments of enactments relating to remuneration and allowances of re-employed retired judges and temporary judges), subsections (3) and (4) are repealed.

4

In section 72 (interpretation), in the definition of “office of temporary judge”, for “35(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40)” substitute “ 20B(1) (temporary judges) ”.

PART 10JUSTICE OF THE PEACE COURTS

Judiciary and Courts (Scotland) Act 2008

I23841

In subsection (2) of section 43 of the Judiciary and Courts (Scotland) Act 2008 (meaning of “judicial office holder”), paragraph (h) is repealed.

PART 11MISCELLANEOUS

Judicial Offices (Salaries, &c.) Act 1952

I12042

The Judicial Offices (Salaries, &c.) Act 1952 is repealed.

Court of Session Act 1988

I9443

In section 51 of the Court of Session Act 1988 (interpretation), in the definition of “enactment”, after “sederunt” insert “ and an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament ”.

Criminal Procedure (Scotland) Act 1995

I9544

In section 85(4) of the Criminal Procedure (Scotland) Act 1995 (citation of jurors), the words “by registered post or recorded delivery” are repealed.

Interpretation and Legislative Reform (Scotland) Act 2010

I12145

In schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (definitions of words and expressions), for the entry for “sheriff” substitute—

“sheriff” is to be construed in accordance with section 134(2) and (3) of the Courts Reform (Scotland) Act 2014,

Courts Reform (Scotland) Act 2014

PART 1SHERIFF COURTS

CHAPTER 1SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS

I261Sheriffdoms, sheriff court districts and sheriff courts

1

2

3

4

5

6

I272Power to alter sheriffdoms, sheriff court districts and sheriff courts

1

a

b

c

d

2

3

4

5

a

b

6

a

b

CHAPTER 2JUDICIARY OF THE SHERIFFDOMS

Permanent and full-time judiciary

I283Sheriffs principal

1

2

3

4

5

6

I294Sheriffs

1

2

3

4

I30I1295Summary sheriffs

1

2

3

4

5

6

Temporary and part-time judiciary

I316Temporary sheriff principal

1

a

b

c

2

a

b

3

a

b

4

a

b

5

6

I327Temporary sheriff principal: further provision

1

2

3

a

b

4

5

6

a

b

I338Part-time sheriffs

1

2

a

b

3

I30 I1295Summary sheriffs

I35 I13010Part-time summary sheriffs