The District Courts and Justices of the Peace (Scotland) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order is made under powers contained in the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (“the 2007 Act”).

Article 3 is made under section 64(4) of the 2007 Act. A number of provisions within the District Courts (Scotland) Act 1975 (“the 1975 Act”) are repealed. They are replaced by new provisions relating to the appointment, training and appraisal of JPs, contained in Part 4 of the 2007 Act.

Article 4(1) is made under section 64(5) of the 2007 Act. It sets out the provisions of the 1995 Act (introduced by the 2007 Act) that apply to remaining district courts in the same way as they apply to JP courts.

Article 4(2) is made under section 64(6) of the 2007 Act. It modifies the effect of sections 17 and 18 of the 1975 Act for the purposes of remaining district courts.

Article 5 is made under section 67(7) of the 2007 Act. That section allows the Scottish Ministers to specify a day on which those who hold office as justices of the peace under the 1975 Act cease to hold that office. Subject to section 67(8) of the 2007 Act, a person who holds office on the specified day, 10th December 2007, is to be appointed as a JP under section 67(1) of the 2007 Act, unless the person declines the appointment.

Articles 6 to 14 are made under section 71(7) and (8) of the 2007 Act, and make provision in connection with the procedure to be followed by and before a tribunal constituted under section 71 of the 2007 Act. Such a tribunal is constituted to carry out an investigation at the request of the sheriff principal in order to ascertain whether a JP should be removed from office on the basis of any of the grounds set out at section 71(6) of the 2007 Act.