Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018

SCHEDULE S AUDITORS OF COURT: MODIFICATION OF ENACTMENTS

(introduced by section 14)

Court of Session Act 1821 S

1 S The Court of Session Act 1821 is repealed.

Commencement Information

I1 Sch. para. 1 in force at 30.1.2019 by S.S.I. 2018/368, reg. 2(o) (with reg. 3(1)(2))

Courts of Law Fees (Scotland) Act 1895 S

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

(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—

  (a)

  the High Court of Justiciary, or

  (b)

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

• “relevant auditor of court” means—

  (a)

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

  (b)

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

• “relevant civil proceedings” means—

  (a)

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

  (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 ”

Commencement Information

I2 Sch. para. 2 in force at 30.1.2019 by S.S.I. 2018/368, reg. 2(o)

Administration of Justice (Scotland) Act 1933 S

3 S The following provisions of the Administration of Justice (Scotland) Act 1933 are repealed—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

Commencement Information

I3 Sch. para. 3 in force at 30.1.2019 by S.S.I. 2018/368, reg. 2(o) (with reg. 3(1)(2))

Solicitors (Scotland) Act 1980 S

4 S 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,”.

Commencement Information

I4 Sch. para. 4 in force at 30.1.2019 by S.S.I. 2018/368, reg. 2(o)

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

5 S In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, section 36(4) is repealed.

Commencement Information

I5 Sch. para. 5 in force at 30.1.2019 by S.S.I. 2018/368, reg. 2(o)

Legal Profession and Legal Aid (Scotland) Act 2007 S

6 S 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,”.

Commencement Information

I6 Sch. para. 6 in force at 30.1.2019 by S.S.I. 2018/368, reg. 2(o)