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Courts Reform (Scotland) Act 2014

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Courts Reform (Scotland) Act 2014 is up to date with all changes known to be in force on or before 16 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART 1 SHERIFF COURTS

    1. CHAPTER 1 SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS

      1. 1.Sheriffdoms, sheriff court districts and sheriff courts

      2. 2.Power to alter sheriffdoms, sheriff court districts and sheriff courts

    2. CHAPTER 2 JUDICIARY OF THE SHERIFFDOMS

      1. Permanent and full-time judiciary

        1. 3.Sheriffs principal

        2. 4.Sheriffs

        3. 5.Summary sheriffs

      2. Temporary and part-time judiciary

        1. 6.Temporary sheriff principal

        2. 7.Temporary sheriff principal: further provision

        3. 8.Part-time sheriffs

        4. 9.Reappointment of part-time sheriffs

        5. 10.Part-time summary sheriffs

        6. 11.Reappointment of part-time summary sheriffs

      3. Re-employment of former holders of certain judicial offices

        1. 12.Re-employment of former judicial office holders

        2. 13.Re-employment of former judicial office holders: further provision

      4. Qualification and disqualification

        1. 14.Qualification for appointment

        2. 15.Disqualification from practice, etc.

      5. Remuneration and expenses

        1. 16.Remuneration

        2. 17.Expenses

      6. Leave of absence

        1. 18.Leave of absence

      7. Residence

        1. 19.Place of residence

      8. Cessation of appointment

        1. 20.Cessation of appointment of judicial officers

      9. Fitness for office

        1. 21.Tribunal to consider fitness for office

        2. 22.Tribunal investigations: suspension from office

        3. 23.Further provision about tribunals

        4. 24.Tribunal report

        5. 25.Removal from office

      10. Honorary sheriffs

        1. 26.Abolition of the office of honorary sheriff

    3. CHAPTER 3 ORGANISATION OF BUSINESS

      1. Sheriff principal's general responsibilities

        1. 27.Sheriff principal's responsibility for efficient disposal of business in sheriff courts

        2. 28.Sheriff principal's power to fix sittings of sheriff courts

        3. 29.Lord President's power to exercise functions under sections 27 and 28

      2. Deployment of judiciary

        1. 30.Power to authorise a sheriff principal to act in another sheriffdom

        2. 31.Power to direct a sheriff or summary sheriff to act in another sheriffdom

        3. 32.Power to re-allocate sheriffs principal, sheriffs and summary sheriffs between sheriffdoms

        4. 33.Allocation of sheriffs and summary sheriffs to sheriff court districts

      3. Judicial specialisation

        1. 34.Determination of categories of case for purposes of judicial specialisation

        2. 35.Designation of specialist judiciary

        3. 36.Allocation of business to specialist judiciary

        4. 37.Saving for existing powers to provide for judicial specialisation

    4. CHAPTER 4 COMPETENCE AND JURISDICTION

      1. Sheriffs: civil competence and jurisdiction

        1. 38.Jurisdiction and competence of sheriffs

        2. 39.Exclusive competence

        3. 40.Territorial jurisdiction

        4. 41.Power to confer all-Scotland jurisdiction for specified cases

        5. 42.All-Scotland jurisdiction: further provision

        6. 43.Jurisdiction over persons, etc.

      2. Summary sheriffs: civil and criminal competence and jurisdiction

        1. 44.Summary sheriff: civil competence and jurisdiction

        2. 45.Summary sheriff: criminal competence and jurisdiction

  3. PART 2 THE SHERIFF APPEAL COURT

    1. CHAPTER 1 ESTABLISHMENT AND ROLE

      1. 46.The Sheriff Appeal Court

      2. 47.Jurisdiction and competence

      3. 48.Status of decisions of the Sheriff Appeal Court in precedent

    2. CHAPTER 2 APPEAL SHERIFFS

      1. 49.Sheriffs principal to be Appeal Sheriffs

      2. 50.Appointment of sheriffs as Appeal Sheriffs

      3. 51.Re-employment of former Appeal Sheriffs

      4. 52.Expenses

      5. 53.Temporary provision

    3. CHAPTER 3 ORGANISATION OF BUSINESS

      1. President and Vice President

        1. 54.President and Vice President of the Sheriff Appeal Court

        2. 55.President and Vice President: incapacity and suspension

      2. Disposal of business

        1. 56.President's responsibility for efficient disposal of business

      3. Sittings

        1. 57.Sittings of the Sheriff Appeal Court

        2. 58.Rehearing of pending case by a larger Court

    4. CHAPTER 4 ADMINISTRATION

      1. Clerks

        1. 59.Clerk of the Sheriff Appeal Court

        2. 60.Deputy Clerks of the Sheriff Appeal Court

        3. 61.Clerk and Deputy Clerks: further provision

      2. Records

        1. 62.Records of the Sheriff Appeal Court

  4. PART 3 CIVIL PROCEDURE

    1. CHAPTER 1 SHERIFF COURT

      1. Civil jury trials

        1. 63.Civil jury trials in an all-Scotland sheriff court

        2. 64.Selection of the jury

        3. 65.Application to allow the jury to view property

        4. 66.Discharge or death of juror during trial

        5. 67.Trial to proceed despite objection to opinion and direction of the sheriff

        6. 68.Return of verdict

        7. 69.Application for new trial

        8. 70.Restrictions on granting a new trial

        9. 71.Verdict subject to opinion of the Sheriff Appeal Court

      2. Simple procedure

        1. 72.Simple procedure

        2. 73.Proceedings in an all-Scotland sheriff court

        3. 74.Proceedings for aliment of small amounts under simple procedure

        4. 75.Rule-making: matters to be taken into consideration

        5. 76.Service of documents

        6. 77.Evidence in simple procedure cases

        7. 78.Transfer of cases to simple procedure

        8. 79.Proceedings in an all-Scotland sheriff court: transfer to simple procedure

        9. 80.Transfer of cases from simple procedure

        10. 81.Expenses in simple procedure cases

        11. 82.Appeals from simple procedure cases

        12. 83.Transitional provision: summary causes

      3. Interdicts and other orders: effect outside sheriffdom

        1. 84.Interdicts having effect in more than one sheriffdom

        2. 85.Proceedings for breach of an extended interdict

        3. 86.Power to enable sheriff to make orders having effect outside sheriffdom

      4. Execution of deeds relating to heritage

        1. 87.Power of sheriff to order sheriff clerk to execute deed relating to heritage

      5. Interim orders

        1. 88.Interim orders

    2. CHAPTER 2 COURT OF SESSION

      1. 89.Judicial review

      2. 90.Interim orders

      3. 91.Warrants for ejection

    3. CHAPTER 3 REMIT OF CASES BETWEEN COURTS

      1. 92.Remit of cases to the Court of Session

      2. 93.Remit of cases from the Court of Session

      3. 94.Remit of cases to the Scottish Land Court

    4. CHAPTER 4 LAY REPRESENTATION FOR NON-NATURAL PERSONS

      1. 95.Key defined terms

      2. 96.Lay representation in simple procedure cases

      3. 97.Lay representation in other proceedings

      4. 98.Lay representation: supplementary provision

    5. CHAPTER 5 JURY SERVICE

      1. 99.Jury service

    6. CHAPTER 6 VEXATIOUS PROCEEDINGS

      1. 100.Vexatious litigation orders

      2. 101.Vexatious litigation orders: further provision

      3. 102.Power to make orders in relation to vexatious behaviour

  5. PART 4 PROCEDURE AND FEES

    1. Procedure

      1. 103.Power to regulate procedure etc. in the Court of Session

      2. 104.Power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court

    2. Fees of solicitors etc.

      1. 105.Power to regulate fees in the Court of Session

      2. 106.Power to regulate fees in the sheriff court and the Sheriff Appeal Court

    3. Court fees

      1. 107.Power to provide for fees for SCTS, court clerks and other officers

    4. Sanction for counsel

      1. 108.Sanction for counsel in the sheriff court and Sheriff Appeal Court

  6. PART 5 CIVIL APPEALS

    1. Appeals to the Sheriff Appeal Court

      1. 109.Abolition of appeal from a sheriff to the sheriff principal

      2. 110.Appeal from a sheriff to the Sheriff Appeal Court

      3. 111.Sheriff Appeal Court's powers of disposal in appeals

      4. 112.Remit of appeal from the Sheriff Appeal Court to the Court of Session

    2. Appeals to the Court of Session

      1. 113.Appeal from the Sheriff Appeal Court to the Court of Session

      2. 114.Appeal from the sheriff principal to the Court of Session

      3. 115.Appeals: granting of leave or permission and assessment of grounds of appeal

    3. Effect of appeal

      1. 116.Effect of appeal

    4. Appeals to the Supreme Court

      1. 117.Appeals to the Supreme Court

  7. PART 6 CRIMINAL APPEALS

    1. Appeals from summary criminal proceedings

      1. 118.Appeals to the Sheriff Appeal Court from summary criminal proceedings

      2. 119.Appeals from the Sheriff Appeal Court to the High Court

      3. 120.Power to refer points of law for the opinion of the High Court

      4. 121.References by the Scottish Criminal Cases Review Commission

    2. Bail appeals

      1. 122.Bail appeals

  8. PART 7 JUDGES OF THE COURT OF SESSION

    1. 123.Appointment of Court of Session judges, etc.

    2. 124.Payment of salaries and allowances of Court of Session judges

    3. 125.Expenses

  9. PART 8 SCOTTISH LAND COURT

    1. 126.Scottish Land Court: remuneration and expenses

  10. PART 9 JUSTICE OF THE PEACE COURTS

    1. 127.Establishing, relocating and disestablishing justice of the peace courts

    2. 128.Abolition of the office of stipendiary magistrate

    3. 129.Summary sheriffs to sit in justice of the peace courts

  11. PART 10 THE SCOTTISH COURTS AND TRIBUNALS SERVICE

    1. 130.The Scottish Courts and Tribunals Service

  12. PART 11 THE JUDICIAL APPOINTMENTS BOARD FOR SCOTLAND

    1. 131.Assistants to the Judicial Appointments Board for Scotland

  13. PART 12 GENERAL

    1. 132.Modifications of enactments

    2. 133.Subordinate legislation

    3. 134.References to “sheriff”

    4. 135.Definition of “family proceedings”

    5. 136.Interpretation

    6. 137.Ancillary provision

    7. 138.Commencement

    8. 139.Short title

    1. SCHEDULE 1

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

      1. Family proceedings

        1. 1.Family proceedings.

      2. Domestic abuse proceedings

        1. 2.Proceedings for or in relation to— (a) an action of...

      3. Adoption proceedings

        1. 3.Proceedings for or in relation to— (a) an adoption order...

      4. Children's hearings proceedings

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

      5. Proceedings relating to children under the age of criminal responsibility

        1. 4A.Proceedings under the Age of Criminal Responsibility (Scotland) Act 2019....

      6. Forced marriage proceedings

        1. 5.Proceedings for or in relation to— (a) a forced marriage...

      7. Warrants and interim orders

        1. 6.The granting of— (a) a warrant of citation (including such...

      8. Diligence proceedings

        1. 7.Proceedings under— (a) Part 1A of the Debtors (Scotland) Act...

        2. 8.The receipt of a report of money attachment under section...

        3. 9.The granting of authority to begin or continue execution of...

        4. 10.Proceedings for or in relation to— (a) a warrant for...

      9. Extension of time to pay debts

        1. 11.Proceedings for or in relation to— (a) a time to...

      10. Simple procedure

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

    2. SCHEDULE 2

      APPEAL SHERIFFS: TEMPORARY PROVISION

      1. The transitional period

        1. 1.In this schedule, “the transitional period” means the period of...

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

        1. 2.(1) The Lord President of the Court of Session may...

      3. Tenure

        1. 3.(1) A person's appointment under paragraph 2(1) ceases—

      4. Savings

        1. 4.Despite the ending by virtue of paragraph 3(1)(b) of a...

    3. SCHEDULE 3

      TRANSFER OF SUMMARY CRIMINAL APPEAL JURISDICTION TO THE SHERIFF APPEAL COURT

      1. 1.The Criminal Procedure (Scotland) Act 1995 is amended as follows....

      2. 2.(1) Section 173 (quorum of court in relation to appeals)...

      3. 3.In section 174 (appeals relating to preliminary pleas), in each...

      4. 4.In section 175 (right of appeal), in each of subsections...

      5. 5.In section 176(4) (stated case: manner and time of appeal),...

      6. 6.(1) Section 177 (procedure where appellant in custody) is amended...

      7. 7.In section 178(2) (stated case: preparation of draft), for “High...

      8. 8.In section 179 (stated case: adjustment and signature), in each...

      9. 9.(1) Section 180 (leave to appeal against conviction etc.) is...

      10. 10.(1) Section 181 (stated case: directions by court) is amended...

      11. 11.(1) Section 182 (stated case: hearing of appeal) is amended...

      12. 12.In section 183 (stated case: disposal of appeal), in each...

      13. 13.In section 184 (abandonment of appeal), in each of subsections...

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

      15. 15.(1) Section 186 (appeals against sentence only) is amended in...

      16. 16.(1) Section 187 (leave to appeal against sentence) is amended...

      17. 17.(1) Section 188 (setting aside conviction or sentence) is amended...

      18. 18.In section 189 (disposal of appeal against sentence), in each...

      19. 19.In section 190(1) (disposal of appeal where appellant not criminally...

      20. 20.In section 191 (appeal by suspension or advocation on ground...

      21. 21.In section 191A (time limit for lodging bills of advocation...

      22. 22.In section 191B (bill of advocation not competent in respect...

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

      24. 24.In section 193A (suspension of certain sentences pending determination of...

      25. 25.Section 194ZA (finality of proceedings) is repealed.

      26. 26.In section 307 (interpretation), after the definition of “Clerk of...

    4. SCHEDULE 4

      THE SCOTTISH COURTS AND TRIBUNALS SERVICE

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

        1. Modification of the Judiciary and Courts (Scotland) Act 2008

          1. 1.(1) The Judiciary and Courts (Scotland) Act 2008 is amended...

      2. PART 2 TRANSITIONAL PROVISION

        1. Transfer of staff

          1. 2.(1) Sub-paragraph (2) applies to persons who, on the coming...

        2. Existing tribunals

          1. 3.(1) Until all of the functions of a tribunal listed...

      3. PART 3 CONSEQUENTIAL REPEALS, ETC.

        1. Lands Tribunal Act 1949

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

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

          1. 5.Paragraph 8(1) and (2) of schedule 2 to the Mental...

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

          1. 6.Paragraph 9 of schedule 1 to the Education (Additional Support...

        4. Charities and Trustee Investment (Scotland) Act 2005

          1. 7.Paragraph 3 of schedule 2 to the Charities and Trustee...

        5. Tribunals (Scotland) Act 2014

          1. 8.Section 77 (administrative support) of the Tribunals (Scotland) Act 2014...

        6. Revenue Scotland and Tax Powers Act 2014

          1. 9.(1) The Revenue Scotland and Tax Powers Act 2014 is...

    5. SCHEDULE 5

      MODIFICATIONS OF ENACTMENTS

      1. PART 1 SHERIFF COURTS

        1. Promissory Oaths Act 1868

          1. 1.In the Promissory Oaths Act 1868, in the second part...

        2. Promissory Oaths Act 1871

          1. 2.In section 2 of the Promissory Oaths Act 1871 (persons...

        3. Sheriff Courts (Scotland) Act 1876

          1. 3.In the Sheriff Courts (Scotland) Act 1876, section 54 (courts...

        4. Sheriff Courts (Scotland) Act 1907

          1. 4.The following provisions of the Sheriff Courts (Scotland) Act 1907...

        5. Sheriff Courts and Legal Officers (Scotland) Act 1927

          1. 5.(1) Section 8 of the Sheriff Courts and Legal Officers...

        6. Sheriff Courts (Scotland) Act 1971

          1. 6.(1) The Sheriff Courts (Scotland) Act 1971 is amended in...

        7. Civil Jurisdiction and Judgments Act 1982

          1. 7.In section 20(3) of the Civil Jurisdiction and Judgments Act...

        8. Judicial Pensions and Retirement Act 1993

          1. 8.In Schedule 5 to the Judicial Pensions and Retirement Act...

        9. Judiciary and Courts (Scotland) Act 2008

          1. 9.(1) The Judiciary and Courts (Scotland) Act 2008 is amended...

      2. PART 2 SHERIFF APPEAL COURT

        1. Sheriff Courts and Legal Officers (Scotland) Act 1927

          1. 10.In section 1 of the Sheriff Courts and Legal Officers...

        2. Public Records (Scotland) Act 1937

          1. 11.(1) The Public Records (Scotland) Act 1937 is amended in...

        3. Administration of Justice (Scotland) Act 1972

          1. 12.(1) Section 1 of the Administration of Justice (Scotland) Act...

        4. Civil Jurisdiction and Judgments Act 1982

          1. 13.In section 50 of the Civil Jurisdiction and Judgments Act...

        5. Legal Aid (Scotland) Act 1986

          1. 14.(1) The Legal Aid (Scotland) Act 1986 is amended in...

        6. Criminal Procedure (Scotland) Act 1995

          1. 15.In section 304 of the Criminal Procedure (Scotland) Act 1995...

        7. Judiciary and Courts (Scotland) Act 2008

          1. 16.(1) The Judiciary and Courts (Scotland) Act 2008 is amended...

        8. Criminal Justice and Licensing (Scotland) Act 2010

          1. 17.(1) The Criminal Justice and Licensing (Scotland) Act 2010 is...

        9. Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

          1. 18.In section 2 of the Scottish Civil Justice Council and...

      3. PART 3 CIVIL JURY TRIALS

        1. Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

          1. 19.(1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 is...

      4. PART 4 SIMPLE PROCEDURE

        1. Heritable Securities (Scotland) Act 1894

          1. 20.In section 5 of the Heritable Securities (Scotland) Act 1894...

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

          1. 21.The Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963...

        3. Conveyancing and Feudal Reform (Scotland) Act 1970

          1. 22.In section 24 of the Conveyancing and Feudal Reform (Scotland)...

        4. Legal Aid (Scotland) Act 1986

          1. 23.(1) Part 2 of Schedule 2 to the Legal Aid...

      5. PART 5 JUDICIAL REVIEW

        1. Tribunals (Scotland) Act 2014

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

      6. PART 6 REMIT OF CASES BETWEEN COURTS

        1. Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

          1. 25.In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section...

      7. PART 7 REGULATION OF PROCEDURE AND FEES

        1. Courts of Law Fees (Scotland) Act 1895

          1. 26.In the Courts of Law Fees (Scotland) Act 1895, section...

        2. Vexatious Actions (Scotland) Act 1898

          1. 27.The Vexatious Actions (Scotland) Act 1898 is repealed.

        3. Execution of Diligence (Scotland) Act 1926

          1. 28.In the Execution of Diligence (Scotland) Act 1926, section 6...

        4. Administration of Justice (Scotland) Act 1972

          1. 29.In section 1(3) of the Administration of Justice (Scotland) Act...

        5. Court of Session Act 1988

          1. 30.(1) The Court of Session Act 1988 is amended in...

        6. Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

          1. 31.(1) The Scottish Civil Justice Council and Criminal Legal Assistance...

      8. PART 8 CIVIL APPEALS

        1. Court of Session Act 1988

          1. 32.(1) The Court of Session Act 1988 is amended in...

        2. Constitutional Reform Act 2005

          1. 33.In section 40 of the Constitutional Reform Act 2005 (jurisdiction...

      9. PART 9 JUDGES OF THE COURT OF SESSION

        1. Promissory Oaths Act 1868

          1. 34.In the Promissory Oaths Act 1868, in the Second Part...

        2. Administration of Justice Act 1973

          1. 35.In section 9 of the Administration of Justice Act 1973...

        3. Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

          1. 36.Section 22 of the Law Reform (Miscellaneous Provisions) (Scotland) Act...

        4. Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

          1. 37.(1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is...

        5. Judiciary and Courts (Scotland) Act 2008

          1. 38.(1) The Judiciary and Courts (Scotland) Act 2008 is amended...

      10. PART 10 JUSTICE OF THE PEACE COURTS

        1. Criminal Procedure (Scotland) Act 1995

          1. 39.(1) The Criminal Procedure (Scotland) Act 1995 is amended in...

        2. Criminal Proceedings etc. (Reform) (Scotland) Act 2007

          1. 40.(1) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is...

        3. Judiciary and Courts (Scotland) Act 2008

          1. 41.In subsection (2) of section 43 of the Judiciary and...

      11. PART 11 MISCELLANEOUS

        1. Judicial Offices (Salaries, &c.) Act 1952

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

        2. Court of Session Act 1988

          1. 43.In section 51 of the Court of Session Act 1988...

        3. Criminal Procedure (Scotland) Act 1995

          1. 44.In section 85(4) of the Criminal Procedure (Scotland) Act 1995...

        4. Interpretation and Legislative Reform (Scotland) Act 2010

          1. 45.In schedule 1 to the Interpretation and Legislative Reform (Scotland)...

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