The Justice of the Peace Courts (Sheriffdom of Lothian and Borders) etc. Order 2008

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Justice of the Peace Courts (Sheriffdom of Lothian and Borders) etc. Order 2008 and comes into force on 10th March 2008.

(2) In this Order–

“the 1975 Act” means the District Courts (Scotland) Act 1975(1);

“the 1988 Act” means the Road Traffic Offenders Act 1988(2);

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(3);

“the 2004 Act” means the Antisocial Behaviour etc. (Scotland) Act 2004(4); and

“the 2007 Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007;

“relevant date” means 10th March 2008.

Establishment of justice of the peace courts

2.—(1) Justice of the peace courts are established, on the relevant date, in each of the sheriff court districts listed in column 1 of Schedule 1 to this Order.

(2) Those justice of the peace courts shall take place at the locations specified in column 2 of Schedule 1 to this Order.

Disestablishment of district courts

3.  The district courts established for the commission areas listed in Schedule 2 to this Order are disestablished on the relevant date(5).

Transfer of staff

4.  The scheme to be made by the Scottish Ministers under section 65(2) of the 2007 Act shall contain such information as is sufficient to identify the staff, being staff of the district courts which are disestablished by this Order, to whom the scheme applies.

Transfer of property, rights and liabilities

5.—(1) All of the property, rights and liabilities of the local authority specified in column 1 of Schedule 3 to this Order, in relation to the heritable property specified in column 2 of that Schedule, are transferred to and vest in the Scottish Ministers on the relevant date.

(2) The transfer, by virtue of this article, of any property, rights and liabilities to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to that local authority, so far as it relates to any property, rights and liabilities transferred by virtue of this article, before the relevant date.

(3) Anything (including legal proceedings) which, on the relevant date, is in the process of being done by or in relation to that local authority, so far as it relates to any property, rights and liabilities transferred by virtue of this article, shall be continued by or in relation to the Scottish Ministers.

(4) Anything done (or having effect as if done) by or in relation to that local authority for the purposes of or in connection with any property, rights and liabilities transferred to the Scottish Ministers by virtue of this article shall, if in force on the relevant date, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that date.

Incidental, consequential and transitional provisions in relation to certain fixed penalties and conditional offers

6.—(1) The clerk of a relevant district court must transfer to the clerk of the appointed JP court such records, productions and other documents relating to any conditional offer or fixed penalty notice.

(2) The clerk of the appointed JP court–

(a) shall act as the fixed penalty clerk for the purpose of any conditional offer or fixed penalty notice in which the clerk of a relevant district court was the fixed penalty clerk; and

(b) shall exercise the functions of a fixed penalty clerk in relation to the disposal of any such offer or notice.

(3) Where paragraph (2)(a) applies, anything done by the clerk of a relevant district court, in the capacity of fixed penalty clerk, shall be treated as if done by the clerk of the appointed JP court acting in that capacity.

(4) A notice requesting a hearing, sent to a relevant district court or the clerk of a relevant district court, shall be treated as if sent to the clerk of the appointed JP court.

(5) In this article–

“the appointed JP court” means the JP court which the sheriff principal determines is the appointed JP court (under section 66(5) of the 2007 Act) in relation to a relevant district court;

“conditional offer” means, as the case may be, a conditional offer within the meaning of–

(a)

section 302 of the 1995 Act; or

(b)

section 75(5) of the 1988 Act;

“fixed penalty clerk” means, as the case may be–

(a)

a fixed penalty clerk within the meaning of section 69(4) of the 1988 Act;

(b)

a fixed penalty clerk within the meaning of section 75(6) of the 1988 Act;

(c)

a clerk of court who has been specified in a conditional offer made under section 302 of the 1995 Act; or

(d)

a clerk of court who has been specified in a fixed penalty notice issued under Part 11 of the 2004 Act;

“fixed penalty notice” means, as the case may be–

(a)

a fixed penalty notice within the meaning of Part 3 of the 1988 Act; or

(b)

a fixed penalty notice within the meaning of Part 11 of the 2004 Act;

“a notice requesting a hearing” has the same meaning as in section 89(2) of the 1988 Act; and

“relevant district court” means a district court disestablished by this Order.

Partial repeal of the 1975 Act

7.—(1) The provision of the 1975 Act listed in column 1 of Part 1 of Schedule 4 to this Order, the subject matter being specified in column 2, is repealed.

(2) The provisions of the 1975 Act listed in column 1 of Part 2 of Schedule 4 to this Order, the subject matter being specified in column 2, to the extent specified cease to have effect in so far as they apply to the Sheriffdom of Lothian and Borders.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

7th February 2008