SCHEDULEAUDITORS OF COURT: MODIFICATION OF ENACTMENTS

(introduced by section 14)

1Court of Session Act 1821

The Court of Session Act 1821 is repealed.

2Courts of Law Fees (Scotland) Act 1895

1

The Courts of Law Fees (Scotland) Act 1895 is amended in accordance with this paragraph.

2

In section 3 (taxation of accounts in High Court of Justiciary)—

a

the existing text becomes subsection (1),

b

in that subsection—

i

for “High Court of Justiciary”, in both places where it occurs, substitute “relevant court”,

ii

for “said High Court” substitute “relevant court”,

iii

for “auditor of the Court of Session” substitute “relevant auditor of court”,

iv

for “regulations” substitute “rules of court”,

v

for “actions in the Court of Session” substitute “relevant civil proceedings”,

c

after that subsection insert—

2

In subsection (1)—

  • “relevant court” means—

    1. a

      the High Court of Justiciary, or

    2. b

      the Sheriff Appeal Court, when exercising its jurisdiction in criminal proceedings,

  • “relevant auditor of court” means—

    1. a

      where the relevant court is the High Court of Justiciary, the Auditor of the Court of Session,

    2. b

      where the relevant court is the Sheriff Appeal Court, the auditor of the Sheriff Appeal Court,

  • “relevant civil proceedings” means—

    1. a

      where the relevant court is the High Court of Justiciary, proceedings in the Court of Session,

    2. b

      where the relevant court is the Sheriff Appeal Court, civil proceedings in that Court.

3

The title of section 3 becomes “Taxation of accounts in criminal proceedings”

3Administration of Justice (Scotland) Act 1933

The following provisions of the Administration of Justice (Scotland) Act 1933 are repealed—

a

section 25(2),

b

section 26,

c

section 27(1),

d

section 28.

4Solicitors (Scotland) Act 1980

In the Solicitors (Scotland) Act 1980, in section 51(3) (complaints to the Scottish Solicitors’ Discipline Tribunal), after paragraph (c) insert—

ca

the auditor of the Sheriff Appeal Court,

5Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, section 36(4) is repealed.

6Legal Profession and Legal Aid (Scotland) Act 2007

In the Legal Profession and Legal Aid (Scotland) Act 2007, in section 2(2)(b) (receipt of complaints by Scottish Legal Complaints Commission: preliminary steps), after sub-paragraph (v) insert—

va

the auditor of the Sheriff Appeal Court,