SCHEDULE 2Establishment of the Sheriff Appeal Court

PART 1Modification of primary legislation

Road Traffic Offenders Act 19882

1

Section 41 of the Road Traffic Offenders Act 19889 (power of High Court of Justiciary to suspend disqualification) is amended as follows.

2

In subsection (2)—

a

the words “to the High Court of Justiciary” are repealed; and

b

after “the court” where it first occurs insert “hearing the appeal”.

3

After subsection (2) insert—

2A

Where the court hearing the appeal is the Sheriff Appeal Court, the reference in subsection (2) to a single judge of the court is a reference to an Appeal Sheriff.

4

In subsection (3), for “High Court” substitute “court hearing the appeal”.

5

The title of that section becomes “Power of appellate courts in Scotland to suspend disqualification.”.