District Courts (Scotland) Act 1975 (repealed)

Part III U.K. Miscellaneous and General

Miscellaneous S

19 F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 S. 19 repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 59, Sch. 4

20 Custody of records. S

(1) Subject to section 1 of this Act and the provisions of this section, the clerk of the peace for any area shall, on or before 15th May 1975, transmit to the Keeper of the Records of Scotland all justice of the peace records, other than records relating to licensing under the Licensing Acts, being records of which at that date he has the custody under the M1 Public Records (Scotland) Act 1937; and, for the purposes of this subsection, justice of the peace records shall be deemed to include the commission of the peace.

(2) Subject to subsections (3) and (4) below, records of county licensing courts and courts of appeal shall, on or before 15th May 1975, be transferred to and vest in the local authority concerned within whose area the court to which those records relate has jurisdiction.

(3) Where the area within which such a court has jurisdiction is divided so that the area falls within the areas of two or more districts, the records relating to that court shall be transferred to and vest in the district council whose area includes, according to the latest census (not being a sample census), the greater part of the population of the area within which that court has jurisdiction.

(4) Where, under subsection (3) above, the records of a court have vested in a district council, that council shall make the records available for consultation to any other council to which that subsection relates.

(5) All records relating to the appointment of justices of the peace for any commission area under this Act, to their acts as justices for that area (whether under the Licensing Acts or not), and to their ceasing to hold office as justices for that area, shall be records of the local authority concerned; and shall be records belonging to that authority for the purposes of section 200(7) to (10) of the M2 Local Government (Scotland) Act 1973.

(6) Any dispute as to the vesting of records under this section shall be referred to and determined by the Secretary of State, whose decision in the matter shall be final.

Marginal Citations

M1 1937 c. 43.

M2 1973 c. 65.

21 F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F2 S. 21 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45(3), Sch. 4 para. 3(1), Sch. 5

22 F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F3 Ss. 10(5), 11(8), 13(3), 17(2), 22 repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8

23 District court and justice of peace expenses and destination of fines. S

(1) All expenses in connection with the district court and justice of the peace business shall be defrayed by the local authority concerned.

(2) Except where otherwise provided, all fines imposed in the district court shall accrue to the local authority concerned.

(3) A local authority shall defray the expenses of any appeal in which the district prosecutor is involved in connection with proceedings brought by him in his capacity as district prosecutor.

(4) A local authority may defray the expenses of any action brought against the district prosecutor in connection with the exercise of his functions, and may relieve him from any liability imposed as a result of such an action.

(5) Having regard to the additional expenditure incurred or likely to be incurred by local authorities in the year 1975-76, which is attributable to the coming into operation of any provision of this Act, the Secretary of State may redetermine for that year the amount and portion mentioned in section 2(2)(a) and (b) of the M3 Local Government (Scotland) Act 1966, and by an order, made in the like manner and subject to the like provisions as a rate support grant order, increase the amount fixed by the relevant rate support grant order as the aggregate amount of the rate support grants and any element of the grants for that year.

(6) The provisions of sections 2 and 3 of the said Act of 1966, relating to consultation and to a report of the considerations leading to a determination under the said section 2, shall apply to a redetermination under subsection (5) above as they apply to a determination under that section.

(7) Expressions used in subsections (5) and (6) above have the same meanings as in the said Act of 1966.

Marginal Citations

M3 1966 c. 51.

General U.K.

24 Amendments and repeals. U.K.

(1) The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments respectively specified in that Schedule, being minor amendments or amendments consequential on the provisions of this Act.

(2) The enactments mentioned in Schedule 2 to this Act (which includes certain obsolete or unnecessary enactments) are hereby repealed to the extent specified in the third column of that Schedule.

(3) The Secretary of State may by order amend, repeal or revoke any provision of an Act passed or an instrument under an Act made before 16th May 1975 if it appears to him that that provision is inconsistent with any provision of this Act or requires modification in consequence of this Act.

(4) Where any local enactment provides for any matter which is also provided for by any provision of this Act or of any order made thereunder, the provision of this Act, or, as the case may be, of that order, shall have effect in substitution for the local enactment, which shall cease to have effect.

(5) Any order made under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C1 The text of S. 24(1)(2), Sch.2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

25 Expenses. S

There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by the Secretary of State under this Act; and

(b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

26 Interpretation. S

(1) In this Act, unless the context otherwise requires—

• “clerk of the district court” includes such depute clerk as may be required for the purposes of any district court;

• [F4 “commission area” means the area of a local authority;]

• “district prosecutor” includes such depute or assistant district prosecutor as may be required for the purposes of any district court;

• “justice” or “justice of the peace” means a justice of the peace appointed under section 9 of this Act or deemed to have been so appointed;

• “licensing court” and “court of appeal” have the same meanings as in the M4 Licensing (Scotland) Act 1959;

• [F5 “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]

• “prescribed” means prescribed by regulations made by the Secretary of State.

(2) Any power conferred by this Act to make an order shall include power, exercisable in like manner and subject to the same conditions, to vary or revoke the order by a subsequent order.

(3) Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, extended or applied by or under any other enactment, including this Act.

Textual Amendments

F4 S. 26: definition of “commission area” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 96(5)(a); S.I. 1996/323, art. 4(1)(c)

F5 S. 26: definition of “local authority” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 96(5)(b); S.I. 1996/323, art. 4(1)(c)

Marginal Citations

M4 1959 c. 51.

27 Short title, extent and commencement. U.K.

(1) This Act may be cited as the District Courts (Scotland) Act 1975, and, except section 24(1) and subsection (2) below and the entries in Schedule 1 to this Act relating . . . F6 to section 18(1) of the M5 Police (Scotland) Act 1967, extends to Scotland only.

(2) This Act, except sections 8, 10, 11, 14, 16, 17, 20, 23, 26 and this section, shall come into force on 16th May 1975.

Textual Amendments

F6 Words repealed by Criminal Law Act 1977 (c. 45), s. 65(5)(7), Sch. 13

Marginal Citations

M5 1967 c. 77.