Explanatory Note
(This note is not part of the Order)
This Order makes various provision in relation to the establishment of justice of the peace courts in the Sheriffdom of Lothian and Borders.
Article 2 and Schedule 1 to the Order specify the justice of the peace courts which are to be established in the various Sheriff Court Districts within the Sheriffdom of Lothian and Borders.
Article 3 and Schedule 2 to the Order make provision for the disestablishment of the district courts (established under the District Courts (Scotland) Act 1975) which sit within the Sheriffdom of Lothian and Borders. Those district courts are disestablished by reference to commission areas (areas of Councils) in which they were established.
Article 4 confirms that a scheme to be made by the Scottish Ministers (under section 65(2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007) will identify which staff of the district courts that scheme will apply to. The effect of that scheme will be that certain staff (being employees of the local authorities which administer the district courts) will transfer to the employment of the Scottish Administration.
Article 5(1) makes provision for the transfer of property, rights and liabilities to the Scottish Ministers of the heritable property identified in Schedule 3. Articles 5(2) to (4) make transitional and savings provision in relation to that transfer.
Article 6 makes incidental, consequential and transitional provision in relation to certain fixed penalties and conditional offers of penalties. These provisions will allow the clerks to the justice of the peace courts to deal with matters relating to these penalties and offers which were previously dealt with by the clerk to the, now disestablished, district courts.
Article 7 and Schedule 4 make provision in relation to the repeal of various sections of the District Courts (Scotland) Act 1975.