2017 No. 88
The Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2(6)(h), 43(2)(j), 71(2) and 74(1) of the Judiciary and Courts (Scotland) Act 20081 and all other powers enabling them to do so.
In accordance with sections 2(7) and 43(3) of that Act they have consulted the Lord President.
In accordance with section 71(4) of that Act a draft of this instrument has been laid before, and approved by resolution of, the Parliament.
Citation and commencement1
This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 and comes into force on 1st April 2017.
Specified court2
The Scottish Land Court2 is specified for the purposes of section 2(6)(h) of the Judiciary and Courts (Scotland) Act 2008 (meaning of “the Scottish courts”).
Specified judicial offices3
The offices of member of the Scottish Land Court and Deputy Chairman of the Scottish Land Court are specified for the purposes of section 43(2)(j) of the Judiciary and Courts (Scotland) Act 2008 (meaning of “judicial office holder”).
Amendment of the Scottish Land Court Act 19934
1
Schedule 1 of the Scottish Land Court Act 19933 is amended as follows.
2
In paragraph 7, for “Secretary of State” substitute “SCTS”.
3
Paragraph 8 is repealed.
4
In paragraph 18—
a
sub-paragraph (1) is repealed;
b
in sub-paragraph (2), after head (b) insert—
c
the principal clerk of the Land Court
c
in sub-paragraph (5), for “Scottish Ministers” substitute “SCTS”.
Transfer of staff5
The schedule has effect.
SCHEDULETransfer of staff
1
This schedule applies to persons who, on the coming into force of this Order, are members of the staff of the Scottish Ministers employed in the Scottish Land Court, other than the principal clerk of the Scottish Land Court.
2
On the coming into force of this Order, those members of staff transfer to, and become members of the staff of, the Scottish Courts and Tribunals Service (“the SCTS”).
3
The contract of employment of a person who becomes a member of the staff of the SCTS by virtue of this schedule—
a
is not terminated by the transfer; and
b
has effect from the date on which this Order comes into force as if originally made between the person and the SCTS.
4
Without prejudice to paragraph 3—
a
all the rights, powers, duties and liabilities of the Scottish Ministers under or in connection with the person’s contract of employment are transferred to the SCTS on the date on which this Order comes into force; and
b
anything done before that date by or in relation to the Scottish Land Court in respect of that contract of employment or that person is to be treated from that date as having been done by or in relation to the SCTS.
5
This schedule does not prejudice any right of any person to terminate that person’s contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person; but such a change is not to be taken to have occurred by reason only that the identity of the person’s employer changes by virtue of this schedule.
6
A determination by the Scottish Ministers that any member of their staff is employed as mentioned in paragraph 1 is conclusive of that fact for the purposes of this schedule.
(This note is not part of the Order)