Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Courts Reform (Scotland) Act 2014

Type Act of the Scottish Parliament

Publication 2014-11-10

Last updated 2022-05-10

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART 1 — SHERIFF COURTS

CHAPTER 1 — SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS

Sheriffdoms, sheriff court districts and sheriff courts

1

(1) For the purposes of the administration of justice, Scotland is to be divided into areas, each to be known as a “sheriffdom”.

(2) A sheriffdom is to comprise one or more areas, each to be known as a “sheriff court district”.

(3) Within each sheriff court district a place is to be designated at which the judiciary of the sheriffdom are to sit and hold court for the purpose of exercising their judicial functions; and such sittings are to be known as a “sheriff court”.

(4) The sheriffdoms and sheriff court districts existing immediately before the date on which this section comes into force are to continue to exist on and after that date, and are accordingly the first sheriffdoms and sheriff court districts for the purposes of subsections (1) and (2).

(5) On and after the date on which this section comes into force, sheriff courts are to continue to be held at the places at which they were held immediately before that date, and accordingly those places are the first places designated for the holding of sheriff courts for the purposes of subsection (3).

(6) Subsections (4) and (5) are subject to an order under section 2.

Power to alter sheriffdoms, sheriff court districts and sheriff courts

2

(1) The Scottish Ministers may, following submission of a proposal under subsection (2), by order do any of the following—

(a) alter the boundaries of sheriffdoms or sheriff court districts,

(b) abolish sheriffdoms or sheriff court districts,

(d) provide that sheriff courts are to be held, or to cease being held, at any place specified in the order.

(2) The Scottish Courts and Tribunals Service may, with the agreement of the Lord President of the Court of Session, submit a proposal to the Scottish Ministers for the making of an order under subsection (1).

(3) Before submitting a proposal to the Scottish Ministers, the Scottish Courts and Tribunals Service must consult such persons as it considers appropriate.

(4) If, following submission of a proposal, the Scottish Ministers decide to make an order, they must have regard to the proposal in deciding what provision to make in the order.

(5) The Scottish Ministers may make an order under subsection (1) only with the consent of—

(a) the Lord President, and

(b) the Scottish Courts and Tribunals Service.

(6) An order under subsection (1) may—

(a) abolish any office in consequence of any provision made under subsection (1),

(b) modify any enactment (including this Act).

CHAPTER 2 — JUDICIARY OF THE SHERIFFDOMS

Permanent and full-time judiciary

Sheriffs principal

3

(1) For each sheriffdom, there is to continue to be a judicial officer to be known as the “sheriff principal” of the sheriffdom.

(2) It is for Her Majesty to appoint an individual to the office of sheriff principal.

(3) The First Minister may, under section 95(4) of the Scotland Act 1998, recommend to Her Majesty the appointment of an individual to the office of sheriff principal only if the individual is qualified for appointment (see section 14).

(4) Subsection (3) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation by the Judicial Appointments Board for Scotland).

(5) In addition to the jurisdiction and powers that attach specifically to the office of sheriff principal, the sheriff principal of a sheriffdom may also exercise in the sheriffdom the jurisdiction and powers that attach to the office of sheriff.

(6) Subsection (5) is subject to any provision, express or implied, to the contrary in any other enactment.

Sheriffs

4

(1) For each sheriffdom, there are to continue to be judicial officers each to be known as a “sheriff” of the sheriffdom.

(2) It is for Her Majesty to appoint an individual to the office of sheriff.

(3) The First Minister may, under section 95(4) of the Scotland Act 1998, recommend to Her Majesty the appointment of an individual to the office of sheriff only if the individual is qualified for appointment (see section 14).

(4) Subsection (3) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation by the Judicial Appointments Board for Scotland).

Summary sheriffs

5

(1) For each sheriffdom, there are to be judicial officers each to be known as a “summary sheriff” of the sheriffdom.

(2) It is for Her Majesty to appoint an individual to the office of summary sheriff.

(3) Her Majesty may appoint an individual only if the individual has been recommended for appointment by the First Minister.

(4) The First Minister may recommend to Her Majesty the appointment of an individual only if the individual is qualified for appointment (see section 14).

(5) Before making a recommendation under subsection (3), the First Minister must consult the Lord President of the Court of Session.

(6) Subsection (4) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation by the Judicial Appointments Board for Scotland).

Temporary and part-time judiciary

Temporary sheriff principal

6

(1) Subsection (2) applies where, in relation to a sheriffdom—

(a) a vacancy occurs in the office of sheriff principal,

(b) the Lord President of the Court of Session believes that the sheriff principal is unable to perform all or some of the functions of the office, or

(2) If the Lord President so requests, the Scottish Ministers must appoint—

(a) a person holding the office of sheriff (whether of the same or another sheriffdom), or

(b) a qualifying former sheriff principal (whether of the same or another sheriffdom),

to act as sheriff principal of the sheriffdom.

(3) A “qualifying former sheriff principal” is an individual who—

(a) ceased to hold that office other than by virtue of an order under section 25, and

(b) has not reached the age of 75.

(4) The appointment may be made for the purposes of the exercise of—

(a) all of the sheriff principal's functions, or

(b) only those functions that the sheriff principal is unable to perform or is precluded from performing.

(5) An individual appointed under subsection (2) is to be known as a “temporary sheriff principal”.

(6) The Lord President may request the appointment of a temporary sheriff principal for a sheriffdom in the circumstances specified in subsection (1)(a) only if the Lord President considers such an appointment to be necessary or expedient in order to avoid a delay in the administration of justice in the sheriffdom.

Temporary sheriff principal: further provision

7

(1) Subject to subsection (3), an individual's appointment as a temporary sheriff principal lasts until recalled under subsection (2).

(2) The Scottish Ministers must, if requested to do so by the Lord President of the Court of Session, recall the appointment of a temporary sheriff principal.

(3) A sheriff's appointment as a temporary sheriff principal ceases if the sheriff—

(a) ceases to hold office as sheriff, or

(b) is suspended from office as sheriff.

(4) Subject to section 6(4)(b), a temporary sheriff principal of a sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff principal of the sheriffdom, and does not need a commission for that purpose.

(5) The appointment of a sheriff as a temporary sheriff principal does not affect the sheriff's appointment as sheriff.

(6) Where a sheriff of one sheriffdom (“sheriffdom A”) is appointed as temporary sheriff principal of another sheriffdom (“sheriffdom B”)—

(a) the sheriff must not, while remaining temporary sheriff principal of sheriffdom B, act in the capacity of sheriff of sheriffdom A, but

(b) in addition to the jurisdiction and powers that attach specifically to the office of sheriff principal, the sheriff, by virtue of the appointment as temporary sheriff principal of sheriffdom B, may also exercise in that sheriffdom the jurisdiction and powers that attach to the office of sheriff of that sheriffdom.

Part-time sheriffs

8

(1) The Scottish Ministers may appoint individuals to act as sheriffs; and individuals so appointed are to be known as “part-time sheriffs”.

(2) The Scottish Ministers may appoint an individual only if—

(a) the individual is qualified for appointment (see section 14), and

(b) the Scottish Ministers have consulted the Lord President of the Court of Session before making the appointment.

(3) Subject to section 20, an appointment as a part-time sheriff lasts for 5 years.

(4) A part-time sheriff may exercise the jurisdiction and powers that attach to the office of sheriff in every sheriffdom, and does not need a commission for that purpose.

(5) A part-time sheriff is subject to such instructions, arrangements and other provisions as may be made under this Act by the sheriff principal of the sheriffdom in which the part-time sheriff is for the time being sitting.

(6) In carrying out their functions under this Act, sheriffs principal must together have regard to the desirability of securing that every part-time sheriff—

(a) is given the opportunity of sitting on not fewer than 20 days in each successive period of 12 months beginning with the day of the part-time sheriff's appointment, and

(b) does not sit for more than 100 days in each such successive period.

Reappointment of part-time sheriffs

9

(1) A part-time sheriff whose appointment comes to an end by virtue of the expiry of the 5 year period mentioned in section 8(3) is to be reappointed unless—

(a) the part-time sheriff declines reappointment,

(b) a sheriff principal has made a recommendation to the Scottish Ministers against the reappointment, or

(2) Section 8 (apart from subsection (2)) applies to a reappointment under subsection (1) as it applies to an appointment.

(3) A part-time sheriff whose appointment comes to an end by resignation under section 20 may be reappointed.

(4) Section 8 applies to a reappointment under subsection (3) as it applies to an appointment.

Part-time summary sheriffs

10

(1) The Scottish Ministers may appoint individuals to act as summary sheriffs; and individuals so appointed are to be known as “part-time summary sheriffs”.

(2) The Scottish Ministers may appoint an individual only if—

(a) the individual is qualified for appointment (see section 14), and

(b) the Scottish Ministers have consulted the Lord President of the Court of Session before making the appointment.

(3) Subject to section 20, an appointment as a part-time summary sheriff lasts for 5 years.

(4) A part-time summary sheriff may exercise the jurisdiction and powers that attach to the office of summary sheriff in every sheriffdom, and does not need a commission for that purpose.

(5) A part-time summary sheriff is subject to such instructions, arrangements and other provisions as may be made under this Act by the sheriff principal of the sheriffdom in which the part-time summary sheriff is for the time being sitting.

(6) In carrying out their functions under this Act, sheriffs principal must together have regard to the desirability of securing that every part-time summary sheriff—

(a) is given the opportunity of sitting on not fewer than 20 days in each successive period of 12 months beginning with the day of the part-time summary sheriff's appointment, and

(b) does not sit for more than 100 days in each such successive period.

Reappointment of part-time summary sheriffs

11

(1) A part-time summary sheriff whose appointment comes to an end by virtue of the expiry of the 5 year period mentioned in section 10(3) is to be reappointed unless—

(a) the part-time summary sheriff declines reappointment,

(b) a sheriff principal has made a recommendation to the Scottish Ministers against the reappointment, or

(2) Section 10 (apart from subsection (2)) applies to a reappointment under subsection (1) as it applies to an appointment.

(3) A part-time summary sheriff whose appointment comes to an end by resignation under section 20 may be reappointed.

(4) Section 10 applies to a reappointment under subsection (3) as it applies to an appointment.

Re-employment of former holders of certain judicial offices

Re-employment of former judicial office holders

12

(1) A sheriff principal of a sheriffdom may appoint—

(a) a qualifying former sheriff principal to act as a sheriff of the sheriffdom,

(b) a qualifying former sheriff to act as such a sheriff,

(d) a qualifying former summary sheriff to act as a summary sheriff of the sheriffdom,

(e) a qualifying former part-time summary sheriff to act as such a summary sheriff.

(2) An individual appointed to act as mentioned in any of paragraphs (a) to (e) of subsection (1) may so act only during such periods or on such occasions as the sheriff principal may determine.

(3) A sheriff principal may make an appointment under subsection (1) only if it appears to the sheriff principal to be expedient as a temporary measure in order to facilitate the disposal of business in the sheriff courts of the sheriffdom.

(4) A “qualifying former sheriff principal” is an individual who—

(a) ceased to hold that office other than by virtue of an order under section 25, and

(b) has not reached the age of 75.

(5) A “qualifying former sheriff” is an individual who—

(a) ceased to hold that office other than—

(i) by virtue of an order under section 25, or

(ii) by being appointed as a sheriff principal, and

(b) has not reached the age of 75.

(6) A “qualifying former part-time sheriff” is an individual who—

(a) ceased to hold that office other than—

(i) by virtue of removal under section 25,

(ii) by virtue of not being reappointed to the office on either of the grounds mentioned in section 9(1)(b) and (c), or

(iii) by being appointed as a sheriff principal, and

(b) has not reached the age of 75.

(7) A “qualifying former summary sheriff” is an individual who—

(a) ceased to hold that office other than—

(i) by virtue of an order under section 25, or

(ii) by being appointed as a sheriff, and

(b) has not reached the age of 75.

(8) A “qualifying former part-time summary sheriff” is an individual who—

(a) ceased to hold that office other than—

(i) by virtue of removal under section 25,

(ii) by virtue of not being reappointed to the office on either of the grounds mentioned in section 11(1)(b) and (c), or

(iii) by being appointed as a sheriff, and

(b) has not reached the age of 75.

Re-employment of former judicial office holders: further provision

13

(1) Subject to subsection (4), an individual's appointment under section 12(1) lasts until the sheriff principal by whom the individual was appointed (or a successor to that sheriff principal) recalls the individual's appointment.

(2) An individual appointed under section 12(1) to act as a sheriff of a sheriffdom may exercise in the sheriffdom the jurisdiction and powers that attach to the office of sheriff, and does not need a commission for that purpose.

(3) An individual appointed under section 12(1) to act as a summary sheriff of a sheriffdom may exercise in the sheriffdom the jurisdiction and powers that attach to the office of summary sheriff, and does not need a commission for that purpose.

(4) An individual's appointment under section 12(1) ceases when the individual reaches the age of 75.

(5) Despite the ending (whether by virtue of subsection (4) or otherwise) of an individual's appointment under section 12(1)—

(a) the individual may continue to deal with, give judgment in or deal with an ancillary matter relating to, a case begun before the individual while acting under that appointment,

(b) so far as necessary for that purpose, and for the purpose of any subsequent proceedings arising out of the case or matter, the individual is to be treated as acting or, as the case may be, having acted under that appointment.

Qualification and disqualification

Qualification for appointment

14

(1) An individual is qualified for appointment to a judicial office mentioned in subsection (2) if the individual—

(a) immediately before the appointment, held any other judicial office specified in that subsection, or

(b) at the time of appointment—

(i) is legally qualified, and

(ii) has been so qualified throughout the period of 10 years immediately preceding the appointment.

(2) The judicial offices are—

(a) sheriff principal,

(b) sheriff,

(d) part-time sheriff,

(e) part-time summary sheriff.

(3) For the purposes of subsection (1), an individual is legally qualified if the individual is a solicitor or an advocate.

Disqualification from practice, etc.

15

(1) An individual holding a judicial office mentioned in subsection (2) must not, for so long as the individual holds the office—

(a) engage, whether directly or indirectly, in practice as a solicitor or advocate or in any other business,

(b) be in partnership with, or employed by, a person so engaged, or

(2) The judicial offices are—

(a) sheriff principal,

(b) sheriff,

(3) A part-time sheriff, or a part-time summary sheriff, who is a solicitor in practice must not carry out any function as a part-time sheriff or, as the case may be, a part-time summary sheriff in a sheriff court district in which his or her place of business as such solicitor is situated.

Remuneration and expenses

Remuneration

16

(1) Each sheriff principal and sheriff is to be paid such salary and such allowances as the Treasury may determine.

(2) Such salary is to be paid quarterly or otherwise in every year, as the Treasury may determine.

(3) Each summary sheriff is to be paid such remuneration and such allowances as the Scottish Ministers may determine.

(4) The Scottish Ministers may determine different amounts of remuneration and different amounts of allowances for—

(a) different summary sheriffs, or

(b) different descriptions of summary sheriff.

(5) Each judicial officer mentioned in subsection (7) is to be paid such remuneration and such allowances as the Scottish Ministers may determine.

(6) The Scottish Ministers may determine different amounts of remuneration and different amounts of allowances for—

(a) different judicial officers mentioned in subsection (7), or

(b) different descriptions of such judicial officers.

(7) The judicial officers are—

(za) a temporary sheriff principal,

(a) a part-time sheriff,

(b) a part-time summary sheriff,

(8) Subsection (9) applies in relation to—

(a) a sheriff principal of a sheriffdom authorised under section 30 to perform the functions of a sheriff principal in another sheriffdom, and

(b) a sheriff of a sheriffdom (“sheriffdom A”) directed under section 31 to perform the functions of sheriff in another sheriffdom in addition to sheriffdom A.

(9) The sheriff principal or sheriff is to be paid, in respect of the additional functions, such remuneration as appears to the Secretary of State, with the consent of the Treasury, to be reasonable in all the circumstances.

(10) Subsection (11) applies in relation to a summary sheriff of a sheriffdom (“sheriffdom B”) directed under section 31 to perform the functions of a summary sheriff in another sheriffdom in addition to sheriffdom B.

(11) The summary sheriff is to be paid, in respect of the additional functions, such remuneration as appears to the Scottish Ministers to be reasonable in all the circumstances.

(12) Salaries , allowances and remuneration under subsections (1) to (11) are to be paid by the Scottish Courts and Tribunals Service.

(13) Sums required by the Scottish Courts and Tribunals Service for the payment of a salary or an allowance under subsection (1) or remuneration or an allowance under subsection (3) are charged on the Scottish Consolidated Fund.

Expenses

17

(1) The Scottish Courts and Tribunals Service may pay to a judicial officer mentioned in subsection (3) such sums as it may determine in respect of expenses reasonably incurred by the officer in the performance of, or in connection with, the officer's duties.

(2) The Scottish Courts and Tribunals Service may—

(a) determine the circumstances in which such sums may be paid, and

(b) determine different circumstances for—

(i) different judicial officers, or

(ii) different descriptions of judicial officers.

(3) The judicial officers are—

(a) a sheriff principal,

(b) a sheriff,

(d) a temporary sheriff principal,

(e) a part-time sheriff,

(f) a part-time summary sheriff,

(g) individuals appointed to act as a sheriff or summary sheriff under section 12(1).

Leave of absence

18

(1) The Lord President of the Court of Session may, for any sheriff principal or temporary sheriff principal, approve leave of absence for recreational or other purposes.

(2) The sheriff principal of a sheriffdom may, for any sheriff or summary sheriff of the sheriffdom, approve leave of absence for recreational or other purposes.

(3) The amount of leave for recreational purposes approved under this section for any sheriff principal, temporary sheriff principal, sheriff or summary sheriff must not exceed 7 weeks in any year.

(4) That limit may be exceeded in any case with the permission of the Lord President.

(5) The Lord President may grant permission under subsection (4) only if there are special reasons in the particular case that justify exceeding the limit.

(6) The Lord President may delegate to a judge of the Court of Session a function conferred on the Lord President by this section.

(7) In subsections (1) and (2), the references to leave of absence for purposes other than recreational purposes include (but are not limited to) references to sick leave, compassionate leave and study leave.

Residence

Place of residence

19

(1) The Lord President of the Court of Session may require a judicial officer mentioned in subsection (2) to reside ordinarily at such place as the Lord President may specify.

(2) The judicial officers are—

(a) a sheriff principal,

(b) a sheriff,

Cessation of appointment

Cessation of appointment of judicial officers

20

(1) A judicial officer mentioned in subsection (3) may resign at any time by giving notice to that effect to the Scottish Ministers.

(2) An individual's appointment as such a judicial officer ends—

(a) when the individual resigns in accordance with subsection (1),

(b) when the individual retires from office,

(d) if the individual is appointed as another such judicial officer.

(3) The judicial officers are—

(a) a sheriff principal,

(b) a sheriff,

(d) a part-time sheriff,

(e) a part-time summary sheriff.

Fitness for office

Tribunal to consider fitness for office

21

(1) The First Minister must, if requested to do so by the Lord President of the Court of Session, constitute a tribunal to investigate and report on whether an individual holding a judicial office mentioned in subsection (3) is unfit to hold the office by reason of inability, neglect of duty or misbehaviour.

(2) Subject to subsection (1), the First Minister may, in such circumstances as the First Minister thinks fit and after consulting the Lord President, constitute such a tribunal.

(3) The judicial offices are—

(a) sheriff principal,

(b) sheriff,

(d) part-time sheriff, and

(e) part-time summary sheriff.

(4) A tribunal constituted under this section is to consist of—

(a) one individual who is a qualifying member of the Judicial Committee of the Privy Council,

(b) one individual who holds the relevant judicial office,

(i) an advocate, or

(ii) a solicitor, and

(d) one individual who—

(i) is not and never has been a qualifying member of the Judicial Committee of the Privy Council,

(ii) does not hold and never has held a judicial office mentioned in subsection (3), and

(iii) is not and never has been an advocate or solicitor.

(5) In subsection (4)—

“a qualifying member of the Judicial Committee of the Privy Council” means someone who is a member of that Committee by virtue of section 1(2)(a) of the Judicial Committee Act 1833 (that is, someone who holds or has held high judicial office),

“the relevant judicial office” means—in respect of an investigation into whether an individual is fit to hold the office of sheriff principal, that office,in respect of an investigation into whether an individual is fit to hold the office of sheriff or part-time sheriff, the office of sheriff,in respect of an investigation into whether an individual is fit to hold the office of summary sheriff or part-time summary sheriff, the office of summary sheriff.

(6) It is for the First Minister, with the agreement of the Lord President, to select persons to be members of a tribunal constituted under this section.

(7) The person who is an individual mentioned in subsection (4)(a) is to chair the tribunal and has a casting vote.

Tribunal investigations: suspension from office

22

(1) Subsection (2) applies where the Lord President of the Court of Session has requested that the First Minister constitute a tribunal under section 21.

(2) The Lord President may, at any time before the tribunal reports to the First Minister, suspend from office the individual who is, or is to be, the subject of the tribunal's investigation.

(3) Such a suspension lasts until the Lord President orders otherwise.

(4) A tribunal constituted under section 21 may, at any time before the tribunal reports to the First Minister, recommend in writing to the First Minister that the individual who is the subject of the tribunal's investigation be suspended from office.

(5) On receiving such a recommendation, the First Minister may suspend the individual from office.

(6) Such a suspension lasts until the First Minister orders otherwise.

(7) Suspension of an individual from the office of sheriff principal, sheriff or summary sheriff under this section does not affect any remuneration payable to, or in respect of, the individual in respect of the period of suspension.

Further provision about tribunals

23

(1) A tribunal constituted under section 21 may require any person—

(a) to attend its proceedings for the purpose of giving evidence,

(b) to produce documents in the person's custody or under the person's control.

(2) A person on whom such a requirement is imposed is not obliged—

(a) to answer any question which the person would be entitled to refuse to answer in a court in Scotland,

(b) to produce any document which the person would be entitled to refuse to produce in such a court.

(3) Subsection (4) applies where a person on whom a requirement has been imposed under subsection (1)—

(a) refuses or fails, without reasonable excuse, to comply with the requirement,

(b) refuses or fails, without reasonable excuse, to answer any question while attending the tribunal proceedings to give evidence,

(4) The Court of Session may, on an application made to it by the tribunal—

(a) make such order for enforcing compliance as it sees fit, or

(b) deal with the matter as if it were a contempt of the Court.

(5) The Court of Session may by act of sederunt make provision as to the procedure to be followed by and before a tribunal constituted under section 21.

(6) The Scottish Ministers—

(a) must pay such expenses as they consider are reasonably required to be incurred to enable a tribunal constituted under section 21 to carry out its functions, and

(b) may pay such remuneration to, and such expenses of, the members of such a tribunal as they think fit.

Tribunal report

24

(1) The report of a tribunal constituted under section 21 must—

(a) be in writing,

(b) contain reasons for its conclusion, and

(2) The First Minister must lay the report before the Scottish Parliament.

Removal from office

25

(1) The First Minister may remove an individual from the office of sheriff principal, sheriff, part-time sheriff, summary sheriff or part-time summary sheriff—

(a) if a tribunal constituted under section 21 reports to the First Minister that the individual is unfit to hold that office by reason of inability, neglect of duty or misbehaviour, and

(b) only after the First Minister has laid the report before the Scottish Parliament under section 24(2).

(2) The First Minister may remove a sheriff principal, sheriff or summary sheriff under subsection (1) only by order.

(3) Such an order is subject to the negative procedure.

Honorary sheriffs

Abolition of the office of honorary sheriff

26

The office of honorary sheriff is abolished.

CHAPTER 3 — ORGANISATION OF BUSINESS

Sheriff principal's general responsibilities

Sheriff principal’s responsibility for efficient disposal of business in sheriff courts

27

(1) The sheriff principal of a sheriffdom is responsible for ensuring the efficient disposal of business in the sheriff courts of the sheriffdom.

(2) The sheriff principal must make such arrangements as appear necessary or expedient for the purpose of carrying out the responsibility imposed by subsection (1).

(3) In particular, the sheriff principal may—

(a) provide for the allocation of business among the judiciary of the sheriffdom,

(b) make special provision of a temporary nature for the disposal of any business by any member of the judiciary of the sheriffdom in addition to or in place of that member's own duties.

(4) If, in carrying out the responsibility imposed by subsection (1), the sheriff principal gives a direction of an administrative character to a person mentioned in subsection (5), the person must comply with the direction.

(5) Those persons are—

(a) any other member of the judiciary of the sheriffdom,

(b) a member of the staff of the Scottish Courts and Tribunals Service.

(6) Nothing in subsections (1) to (4) enables a member of the judiciary of the sheriffdom to dispose of any business which that member could not otherwise competently dispose of in the exercise of the jurisdiction and powers that attach to the member's office.

(7) Subsections (1) to (4) are subject to section 2(2)(a) and (3) of the Judiciary and Courts (Scotland) Act 2008 (the Head of the Scottish Judiciary's responsibility for efficient disposal of business in the Scottish courts).

Sheriff principal’s power to fix sittings of sheriff courts

28

(1) The sheriff principal of a sheriffdom may by order prescribe—

(a) the number of sittings of sheriff courts to be held at each place designated for the holding of sheriff courts in the sheriffdom,

(b) the days on which, and the times at which, those sittings are to be held, and

(2) The sheriff principal must publish notice of the matters prescribed by an order under subsection (1) in such manner as the sheriff principal thinks appropriate in order to bring those matters to the attention of persons having an interest in them.

(3) Subsection (1) is subject to section 2(2)(a) and (3) of the Judiciary and Courts (Scotland) Act 2008.

Lord President’s power to exercise functions under sections 27 and 28

29

(1) Subsection (2) applies where in any case the Lord President of the Court of Session considers that the exercise by the sheriff principal of a sheriffdom of a function under section 27 or 28—

(a) is prejudicial to the efficient disposal of business in the sheriff courts of the sheriffdom,

(b) is prejudicial to the efficient organisation or administration of those courts, or

(2) The Lord President may in that case—

(a) rescind the sheriff principal's exercise of the function, and

(b) exercise the function.

(3) Subsections (1) and (2) apply in relation to a failure to exercise a function mentioned in subsection (1) as they apply to the exercise of such a function, but as if paragraph (a) of subsection (2) were omitted.

(4) The exercise of a function by the Lord President by virtue of subsection (2)(b) is to be treated as if it were the exercise of the function by the sheriff principal.

Deployment of judiciary

Power to authorise a sheriff principal to act in another sheriffdom

30

(1) Subsection (2) applies where, in relation to a sheriffdom (“sheriffdom A”)—

(a) a vacancy occurs in the office of sheriff principal,

(b) the Lord President of the Court of Session believes that the sheriff principal is unable to perform all or some of the functions of the office, or

(2) The Lord President may authorise the sheriff principal of another sheriffdom (“sheriffdom B”) to perform the functions of sheriff principal in sheriffdom A (in addition to sheriffdom B) until the Lord President decides otherwise.

(3) The authorisation may be made for the purpose of the performance of—

(a) all of the functions of the sheriff principal of sheriffdom A, or

(b) only those functions that that sheriff principal is unable to perform or is precluded from performing.

(4) The Lord President may make an authorisation in the circumstances specified in subsection (1)(a) only if the Lord President considers such an authorisation to be necessary or expedient in order to avoid a delay in the administration of justice in sheriffdom A.

(5) A sheriff principal authorised under this section to perform the functions of sheriff principal in another sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff principal in the other sheriffdom and does not need a commission for that purpose.

(6) References in this section to the sheriff principal of a sheriffdom include references to any temporary sheriff principal of the sheriffdom.

Power to direct a sheriff or summary sheriff to act in another sheriffdom

31

(1) The Lord President of the Court of Session may direct a sheriff or summary sheriff of a sheriffdom (“sheriffdom A”) to perform the functions of sheriff or, as the case may be, summary sheriff in another sheriffdom (“sheriffdom B”) until the Lord President decides otherwise.

(2) The direction may require the sheriff or summary sheriff to perform the functions in sheriffdom B either in addition to or instead of performing the functions in sheriffdom A.

(3) The Lord President may at any time give a further direction to the sheriff or summary sheriff directing the sheriff or, as the case may be, summary sheriff to perform the functions of sheriff or, as the case may be, summary sheriff in another sheriffdom until the Lord President decides otherwise.

(4) Where a further direction is given under subsection (3) requiring functions to be carried out in another sheriffdom, the direction may require the sheriff or summary sheriff to perform the functions in that other sheriffdom in addition to or instead of performing the functions—

(a) in sheriffdom A, or

(b) in any other sheriffdom by virtue of—

(i) a direction under subsection (1), or

(ii) a further direction under subsection (3).

(5) A sheriff or summary sheriff directed under this section to perform the functions of sheriff or summary sheriff in another sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff or, as the case may be, summary sheriff in the other sheriffdom and does not need a commission for that purpose.

Power to re-allocate sheriffs principal, sheriffs and summary sheriffs between sheriffdoms

32

(1) The Lord President of the Court of Session may direct that—

(a) the sheriff principal of a sheriffdom is to cease to be the sheriff principal of that sheriffdom and is instead to be sheriff principal of such other sheriffdom as is specified in the direction,

(b) a sheriff of a sheriffdom is to cease to be a sheriff of that sheriffdom and is instead to be a sheriff of such other sheriffdom as is specified in the direction,

(c) a summary sheriff of a sheriffdom is to cease to be a summary sheriff of that sheriffdom and is instead to be a summary sheriff of such other sheriffdom as is specified in the direction.

(2) A direction under subsection (1) takes effect on such date as is specified in the direction.

(3) The reference in subsection (1) to the sheriff principal, a sheriff or summary sheriff of a sheriffdom is to one—

(a) appointed for the sheriffdom, or

(b) who is the sheriff principal, a sheriff or, as the case may be, summary sheriff of the sheriffdom by virtue of a previous direction under subsection (1).

(4) A sheriff principal, sheriff or summary sheriff directed under subsection (1) to be the sheriff principal, a sheriff or summary sheriff of another sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff principal, sheriff or, as the case may be, summary sheriff in the other sheriffdom and does not need a commission for that purpose.

Allocation of sheriffs and summary sheriffs to sheriff court districts

33

(1) On the appointment of a sheriff or summary sheriff of a sheriffdom, the Lord President of the Court of Session must give the sheriff or summary sheriff a direction designating the sheriff court district or districts in which the sheriff or summary sheriff is to sit and perform the functions of sheriff or, as the case may be, summary sheriff.

(2) The Lord President may at any time give a further direction to the sheriff or summary sheriff designating a different sheriff court district in which the sheriff or summary sheriff is to sit and perform the functions of sheriff or, as the case may be, summary sheriff.

(3) A direction given to a sheriff or summary sheriff of a sheriffdom under this section is subject to any direction given under section 27 to the sheriff or summary sheriff by the sheriff principal of the sheriffdom for the purpose of giving effect to special provision made under subsection (3)(b) of that section.

(4) Subsection (1) applies in the case where a direction under section 32(1) is made in relation to a sheriff or summary sheriff as it applies in the case where a sheriff or, as the case may be, summary sheriff is appointed.

Judicial specialisation

Determination of categories of case for purposes of judicial specialisation

34

(1) The Lord President of the Court of Session may, by direction, determine categories of sheriff court case that the Lord President considers to be suited to being dealt with by judicial officers that specialise in the category of case.

(2) The Lord President may determine categories of case under subsection (1) by reference to subject matter, value or such other criteria as the Lord President considers appropriate.

(3) The Lord President may issue different directions under subsection (1) in relation to different types of judicial officer.

(4) The Lord President may vary or revoke any direction made under subsection (1).

(5) In this section—

“judicial officer” means—a sheriff,a summary sheriff,a part-time sheriff,a part-time summary sheriff,

“sheriff court case” means any type of proceedings (whether civil or criminal) that may competently be brought in the sheriff court.

Designation of specialist judiciary

35

(1) This section applies where the Lord President of the Court of Session has made a direction under section 34.

(2) The sheriff principal of a sheriffdom may—

(a) in relation to any category of case determined in the direction that may competently be dealt with by a sheriff, designate one or more sheriffs of the sheriffdom as specialists in that category of case,

(b) in relation to any category of case determined in the direction that may competently be dealt with by a summary sheriff, designate one or more summary sheriffs of the sheriffdom as specialists in that category of case.

(3) The sheriff principal may designate the same sheriff or summary sheriff in relation to more than one category of case determined in the direction.

(4) The sheriff principal of a sheriffdom may at any time withdraw a designation made (whether by that sheriff principal or another) under subsection (2) in relation to any sheriff, or summary sheriff, of the sheriffdom.

(5) The Lord President may—

(a) in relation to any category of case determined in the direction that may competently be dealt with by a part-time sheriff, designate one or more part-time sheriffs as specialists in that category,

(b) in relation to any category of case determined in the direction that may competently be dealt with by a part-time summary sheriff, designate one or more part-time summary sheriffs as specialists in that category.

(6) The Lord President may at any time withdraw a designation made under subsection (5).

(7) The designation of a sheriff, summary sheriff, part-time sheriff or part-time summary sheriff (a “designated judicial officer”) under this section does not affect—

(a) the designated judicial officer's competence to deal with any category of case other than the one in relation to which the designation is made, or

(b) the competence of any other sheriff, summary sheriff, part-time sheriff or part-time summary sheriff to deal with the category of case in relation to which the designation is made.

Allocation of business to specialist judiciary

36

(1) Subsection (2) applies where the Lord President of the Court of Session or the sheriff principal of a sheriffdom is exercising any function relating to the allocation of business among the judiciary of a sheriffdom.

(2) The Lord President or, as the case may be, the sheriff principal must have regard to the desirability of ensuring that cases falling within a category determined under section 34 are dealt with by sheriffs, summary sheriffs, part-time sheriffs or, as the case may be, part-time summary sheriffs designated under section 35 as specialists in that category of case.

Saving for existing powers to provide for judicial specialisation

37

Sections 34 to 36 do not affect any power that the Lord President of the Court of Session has apart from those sections to provide for judicial specialisation in the sheriff courts.

CHAPTER 4 — COMPETENCE AND JURISDICTION

Sheriffs: civil competence and jurisdiction

Jurisdiction and competence of sheriffs

38

(1) A sheriff continues to have the jurisdiction and competence that attached to the office of sheriff in relation to civil proceedings immediately before this section comes into force.

(2) Without limiting that generality, a sheriff has competence as respects proceedings for or in relation to—

(a) declarator,

(b) aliment or separation,

(c) recovery of maintenance arising out of an application under section 31(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972,

(d) divorce,

(e) division of commonty and division, or division and sale, of common property,

(f) questions of heritable right or title, including declarator of irritancy and removing,

(g) reduction, other than reduction of a decree of any court,

(h) proving the tenor,

(i) suspension of charges or threatened charges upon decrees of court granted by a sheriff or upon decrees of registration proceeding upon bonds, bills, contracts or other obligations registered in the books of a sheriff court or the Books of Council and Session,

(j) all civil maritime proceedings formerly competent in the High Court of Admiralty in Scotland.

(3) For the purpose of subsection (2)(e), the Division of Commonties Act 1695 has effect as if it conferred the same competence on a sheriff as it confers on the Court of Session.

Exclusive competence

39

(1) This section applies to any civil proceedings—

(a) which a sheriff has competence to deal with, and

(b) in which—

(i) one or more orders of value are sought, and

(ii) the aggregate total value of all such orders sought, exclusive of interest and expenses, does not exceed £100,000.

(2) The proceedings may be brought only in the sheriff court and may not be brought in any other court.

(3) This section does not apply to family proceedings unless the only order sought in the proceedings is an order for payment of aliment.

(4) Subsection (2) is subject to section 92(7) (remit of cases in exceptional circumstances to the Court of Session).

(5) The Scottish Ministers may by order substitute another sum for the sum for the time being specified in subsection (1)(b)(ii).

(6) For the purposes of this Act, an order is an order of value if it is—

(a) an order for payment of money, or

(b) an order determining rights in relation to property.

(7) Provision may be made by the Court of Session by act of sederunt for determining, for the purposes of this Act—

(a) the value of an order,

(b) the aggregate total value of all the orders of value sought in any proceedings.

(8) An act of sederunt under subsection (7) may make different provision for different purposes.

Territorial jurisdiction

40

(1) This section applies for the purpose of determining the territorial extent of the jurisdiction of a sheriff of a sheriffdom in relation to matters other than criminal matters.

(2) The sheriff's jurisdiction extends throughout the sheriffdom and includes all of the following so far as located in or adjoining the sheriffdom—

(a) navigable rivers,

(b) ports,

(d) creeks,

(e) shores,

(f) anchoring grounds.

(3) Where two sheriffdoms are separated by a river, firth or estuary, the sheriffs of each sheriffdom on either side have concurrent jurisdiction over the intervening space occupied by the water.

(4) This section does not affect any other enactment or rule of law that has effect for the purpose of determining the territorial extent of the jurisdiction of a sheriff of a sheriffdom, whether generally or in relation to a particular case or description of case.

(5) This section is subject to an order under section 41(1).

Power to confer all-Scotland jurisdiction for specified cases

41

(1) The Scottish Ministers may by order provide that the jurisdiction of a sheriff of a specified sheriffdom sitting at a specified sheriff court extends territorially throughout Scotland for the purposes of dealing with specified types of civil proceedings.

(2) In subsection (1), “specified” means specified in an order under that subsection.

(3) An order under subsection (1) may be made only with the consent of the Lord President of the Court of Session.

(4) An order under subsection (1) does not affect—

(a) in relation to the sheriffdom specified in the order, the jurisdiction or competence of a sheriff of any other sheriffdom to deal with proceedings of the type specified in the order, or

(b) in relation to the sheriff court specified in the order, the jurisdiction or competence of a sheriff sitting at any other sheriff court to deal with such proceedings.

(5) This section does not apply in relation to proceedings under the Children's Hearings (Scotland) Act 2011.

All-Scotland jurisdiction: further provision

42

(1) This section applies in relation to a sheriff sitting at a sheriff court specified in an order under section 41(1) (referred to in this section as a “specified sheriff court”).

(2) The sheriff's all-Scotland jurisdiction is concurrent with, and alternative to, the sheriff's local jurisdiction.

(3) The sheriff's “all-Scotland jurisdiction” is the extended jurisdiction in relation to specified proceedings that the sheriff has by virtue of the order under section 41(1).

(4) The sheriff's “local jurisdiction” is the jurisdiction that the sheriff would have in relation to specified proceedings apart from the order under section 41(1).

(5) A party bringing specified proceedings in the specified sheriff court must indicate, at the time the proceedings are brought, whether they are for determination in the exercise of a sheriff's all-Scotland jurisdiction or a sheriff's local jurisdiction.

(6) Subsection (5) does not affect any power that a sheriff has to decline jurisdiction in any case.

(7) In this Act, references to an “all-Scotland sheriff court” are references to a specified sheriff court so far as the court is constituted by a sheriff sitting in the exercise of the sheriff's all-Scotland jurisdiction.

(8) For the purposes of any provision of this Act, or any other enactment, relating to the transfer or remit of proceedings between courts, a specified sheriff court is, when constituted as an all-Scotland sheriff court, taken to be a separate sheriff court from the court as constituted by a sheriff sitting in the exercise of the sheriff's local jurisdiction.

(9) In this section, “specified proceedings” means, in relation to a specified sheriff court, civil proceedings of a type that are specified in relation to that court in the order under section 41(1).

Jurisdiction over persons, etc.

43

(1) Subsection (2) applies for the purpose of determining the jurisdiction of a sheriff in relation to any civil proceedings that may competently be dealt with by a sheriff.

(2) The proceedings may be brought before the sheriff of a particular sheriffdom if—

(a) the defender (or, where there is more than one defender, one of them) resides in the sheriffdom,

(b) the defender (or, where there is more than one defender, one of them) formerly resided in the sheriffdom for at least 40 days and the defender—

(i) has ceased to reside there for fewer than 40 days, and

(ii) has no known residence in Scotland,

(i) carries on business in the sheriffdom,

(ii) has a place of business in the sheriffdom, and

(iii) is cited in the sheriffdom, either personally or at the place of business,

(d) where the defender is not otherwise subject to the jurisdiction of any court in Scotland, there has been arrested in the sheriffdom—

(i) a ship or vessel of which the defender is an owner or part-owner, demise charterer or master, or

(ii) goods, debts, money or other moveable property belonging to the defender,

(e) any property of which the defender is (either individually or as trustee) the owner, part-owner, tenant or joint tenant is located in the sheriffdom and the proceedings relate to such property or to the defender's interest in it,

(f) in proceedings for interdict, the alleged wrong is being committed or threatened to be committed in the sheriffdom,

(g) in proceedings relating to a contract—

(i) the place of execution or performance of the contract is located in the sheriffdom, and

(ii) the defender is personally cited in the sheriffdom,

(h) in actions of furthcoming or multiplepoinding—

(i) the fund or property that is the subject of the proceedings is located in the sheriffdom, or

(ii) the sheriff otherwise has jurisdiction over the arrestee or holder of the fund or property that is the subject of the proceedings,

(i) the party sued is the pursuer in any proceedings pending in the sheriffdom against the party suing,

(j) where the proceedings are founded in delict, the delict was committed in the sheriffdom,

(k) the defender has prorogated the jurisdiction of the sheriff or courts of the sheriffdom.

(3) Subsection (2) is subject to—

(a) section 8 of, and Schedule 1B to, the Domicile and Matrimonial Proceedings Act 1973,

(b) the Civil Jurisdiction and Judgments Act 1982,

(d) any other enactment or rule of law that applies for the purpose of determining the jurisdiction of a sheriff in relation to persons or subject-matter.

Summary sheriffs: civil and criminal competence and jurisdiction

Summary sheriff: civil competence and jurisdiction

44

(1) A summary sheriff may, in relation to civil proceedings in the sheriff court, exercise the jurisdiction and powers that attach to the office of sheriff, but only in relation to the proceedings and other matters listed in schedule 1.

(2) This section does not affect the jurisdiction and competence of a sheriff in relation to the proceedings and other matters listed in schedule 1.

(3) The Scottish Ministers may by order modify schedule 1.

Summary sheriff: criminal competence and jurisdiction

45

(1) A summary sheriff may, in relation to criminal investigations and proceedings (whether summary or solemn proceedings), exercise the jurisdiction and powers that attach to the office of sheriff.

(2) Without limiting the generality of subsection (1), the jurisdiction and powers exercisable by a summary sheriff under that subsection include, in particular, those of a sheriff under the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”).

(3) Despite subsections (1) and (2), a summary sheriff does not have jurisdiction or power to do any of the following in solemn criminal proceedings—

(a) to preside at any of the following diets, other than for the purpose of adjourning the diet—

(i) a first diet,

(ii) a diet under section 76(1) of the 1995 Act,

(iii) a trial diet,

(b) to pass sentence on an offender, or make any other order or disposal in respect of the conviction of an offender of an offence,

(4) This section does not affect the jurisdiction and competence of a sheriff in relation to any matter mentioned in subsection (1).

PART 2 — THE SHERIFF APPEAL COURT

CHAPTER 1 — ESTABLISHMENT AND ROLE

The Sheriff Appeal Court

46

(1) There is established a court of law to be known as the Sheriff Appeal Court.

(2) The Court consists of judges each to be known as an Appeal Sheriff.

Jurisdiction and competence

47

(1) The Sheriff Appeal Court has jurisdiction and competence to hear and determine appeals to such extent as is provided by or under—

(a) this Act, or

(b) any other enactment.

(2) The Court's jurisdiction and competence is exercisable by one or more of the Appeal Sheriffs at sittings of the Court.

(3) The Court has all such powers as are, under the law of Scotland, inherently possessed by a court of law for the purposes of the discharge of its jurisdiction and competence and giving full effect to its decisions.

(4) Subsection (3) is subject to any other provision of this Act or any other enactment that restricts or excludes any power of the Court in determining or disposing of an appeal.

Status of decisions of the Sheriff Appeal Court in precedent

48

(1) A decision of the Sheriff Appeal Court on the interpretation or application of the law is binding—

(a) in proceedings before a sheriff anywhere in Scotland,

(b) in proceedings before a justice of the peace court anywhere in Scotland,

(c) in proceedings before the Sheriff Appeal Court, except in a case where the Court hearing the proceedings is constituted by a greater number of Appeal Sheriffs than those constituting the Court which made the decision.

(2) In subsection (1)(a), the reference to proceedings before a sheriff includes, in the case of criminal proceedings, a reference to solemn proceedings before a sheriff and jury.

CHAPTER 2 — APPEAL SHERIFFS

Sheriffs principal to be Appeal Sheriffs

49

(1) Each person who holds office as a sheriff principal also holds office as an Appeal Sheriff by virtue of this subsection.

(2) A person holding office as a sheriff principal ceases to hold office as an Appeal Sheriff if the person ceases to hold office as a sheriff principal.

(3) If a person holding office as a sheriff principal is suspended from that office for any period, the person is also suspended from office as an Appeal Sheriff for the same period.

Appointment of sheriffs as Appeal Sheriffs

50

(1) The Lord President of the Court of Session may appoint persons holding the office of sheriff to hold office also as Appeal Sheriffs.

(2) The Lord President may appoint as many Appeal Sheriffs under subsection (1) as the Lord President considers necessary for the purposes of the Sheriff Appeal Court.

(3) A person may be appointed under subsection (1) only if the individual has held office as a sheriff for at least 5 years.

(4) The appointment of a sheriff as an Appeal Sheriff does not affect the sheriff's appointment as a sheriff and the sheriff may accordingly continue to act in that capacity.

(5) A person holding office as an Appeal Sheriff under this section ceases to hold that office if the person ceases to hold office as a sheriff.

(6) If a person holding office as an Appeal Sheriff under this section is suspended from the office of sheriff for any period, the person is also suspended from office as an Appeal Sheriff for the same period.

(7) The Lord President may, with the consent of a majority of the sheriffs principal, remove a sheriff from office as an Appeal Sheriff.

(8) Removal of a sheriff from the office of Appeal Sheriff under subsection (7) does not affect the sheriff's appointment as a sheriff.

Re-employment of former Appeal Sheriffs

51

(1) The Lord President of the Court of Session may appoint a qualifying former Appeal Sheriff to act as an Appeal Sheriff during such periods or on such occasions as the Lord President may determine.

(2) The Lord President may make such an appointment only if the appointment appears to the Lord President to be expedient as a temporary measure in order to facilitate the disposal of business in the Sheriff Appeal Court.

(3) A “qualifying former Appeal Sheriff” is an individual who—

(a) ceased to hold that office other than by virtue of—

(i) an order under section 25 (as read with sections 49(2) and 50(5)), or

(ii) removal from office under section 50(7), and

(b) has not reached the age of 75.

(4) An individual appointed under subsection (1) is to be treated for all purposes (other than for the purposes of section 50) as an Appeal Sheriff and may exercise the jurisdiction and powers that attach to the office of Appeal Sheriff.

(5) An individual's appointment under subsection (1) ceases when the individual reaches the age of 75.

(6) Despite the ending (whether by virtue of subsection (5) or otherwise) of an individual's appointment under subsection (1)—

(a) the individual may continue to deal with, give judgment in or deal with an ancillary matter relating to, a case begun before the individual while acting under that appointment,

(b) so far as necessary for that purpose, and for the purpose of any subsequent proceedings arising out of the case or matter, the individual is to be treated as acting or, as the case may be, having acted under that appointment.

(7) An individual appointed under subsection (1) is to be paid such remuneration as the Scottish Ministers may determine.

(8) The Scottish Ministers may determine different amounts of remuneration for—

(a) different individuals so appointed, or

(b) different descriptions of individuals so appointed.

(9) Remuneration under subsection (7) is to be paid by the Scottish Courts and Tribunals Service.

Expenses

52

(1) The Scottish Courts and Tribunals Service may pay to an Appeal Sheriff such sums as it may determine in respect of expenses reasonably incurred by the Appeal Sheriff in the performance of, or in connection with, the Appeal Sheriff's duties as such.

(2) The Scottish Courts and Tribunals Service may—

(a) determine the circumstances in which such sums may be paid, and

(b) determine different circumstances for different Appeal Sheriffs.

Temporary provision

53

Schedule 2 (which makes further provision, for a temporary period, in relation to Appeal Sheriffs) has effect.

CHAPTER 3 — ORGANISATION OF BUSINESS

President and Vice President

President and Vice President of the Sheriff Appeal Court

54

(1) The Lord President of the Court of Session is to appoint, in accordance with this section—

(a) one of the sheriffs principal to be the President of the Sheriff Appeal Court, and

(b) another sheriff principal to be the Vice President of the Court.

(2) A sheriff principal holds office as President or Vice President for such period as the Lord President may determine.

(3) The President or Vice President may at any time resign office by giving notice in writing to the Lord President.

(4) The Lord President may at any time remove a sheriff principal from office as President or Vice President.

(5) If a person holding office as President or Vice President is suspended from office as a sheriff principal for any period, the person is also suspended from office as President or, as the case may be, Vice President for the same period.

President and Vice President: incapacity and suspension

55

(1) Subsection (2) applies during any period when the President of the Sheriff Appeal Court—

(a) is unable (for any reason) to carry out the functions of the office, or

(b) is suspended from office.

(2) During such a period—

(a) the functions of the President are to be carried out instead by the Vice President, and

(b) anything that falls to be done in relation to the President falls to be done instead in relation to the Vice President.

(3) Subsection (4) applies during any period when—

(a) subsection (2) would, but for subsection (4), apply, and

(b) the Vice President of the Sheriff Appeal Court—

(i) is unable (for any reason) to carry out the functions of the President, or

(ii) is suspended from office.

(4) During such a period, subsection (2) does not apply and, instead—

(a) the functions of the President are to be carried out instead by such sheriff principal (other than the President or Vice President) as the Lord President of the Court of Session may appoint to act in place of the President, and

(b) anything that falls to be done in relation to the President falls to be done instead in relation to that sheriff principal.

Disposal of business

President’s responsibility for efficient disposal of business

56

(1) The President of the Sheriff Appeal Court is responsible for ensuring the efficient disposal of business in the Sheriff Appeal Court.

(2) The President must make such arrangements as appear necessary or expedient for the purpose of carrying out the responsibility imposed by subsection (1).

(3) In particular, the President may provide for the allocation of business among the Appeal Sheriffs.

(4) If, in carrying out the responsibility imposed by subsection (1), the President gives a direction of an administrative character to a person specified in subsection (5), the person must comply with the direction.

(5) Those persons are—

(a) an Appeal Sheriff,

(b) a member of the staff of the Scottish Courts and Tribunals Service.

(6) This section is subject to section 2(2)(a) and (2A) of the Judiciary and Courts (Scotland) Act 2008 (the Head of the Scottish Judiciary's responsibility for efficient disposal of business in the Scottish courts).

Sittings

Sittings of the Sheriff Appeal Court

57

(1) Sittings of the Sheriff Appeal Court may be held at any place in Scotland designated by virtue of this Act for the holding of sheriff courts.

(2) More than one sitting of the Court may take place at the same time, and at different places.

(3) The President of the Sheriff Appeal Court may by order prescribe—

(a) the number of sittings of the Court that are to be held at each place at which they may be held,

(b) the days on which, and the times at which, those sittings are to be held, and

(4) The President must publish notice of the matters prescribed by an order under subsection (3) in such manner as the President thinks appropriate in order to bring those matters to the attention of persons having an interest in them.

(5) Subsection (3) is subject to section 2(2)(a) and (2A) of the Judiciary and Courts (Scotland) Act 2008.

Rehearing of pending case by a larger Court

58

(1) Subsection (2) applies where, in relation to any appeal pending before the Sheriff Appeal Court—

(a) the Appeal Sheriff or Appeal Sheriffs constituting the Court consider the appeal to be one of particular difficulty or importance, or

(b) where the Court is constituted by more than one Appeal Sheriff, they are equally divided on any matter, whether of fact or law.

(2) The Appeal Sheriff or Appeal Sheriffs may appoint the appeal to be reheard at another sitting of the Court constituted by such larger number of Appeal Sheriffs as may be necessary for the proper disposal of the appeal.

CHAPTER 4 — ADMINISTRATION

Clerks

Clerk of the Sheriff Appeal Court

59

(1) The Scottish Courts and Tribunals Service must appoint a person holding office as a sheriff clerk also to hold the office of Clerk of the Sheriff Appeal Court.

(2) A person's appointment as Clerk of the Sheriff Appeal Court does not affect the person's appointment as a sheriff clerk.

(3) A person holding office as Clerk of the Sheriff Appeal Court ceases to hold that office if the person ceases to hold office as a sheriff clerk.

(4) Otherwise, a person's appointment as Clerk of the Sheriff Appeal court—

(a) lasts for such period, and

(b) is on such other terms and conditions,

as the Scottish Courts and Tribunals Service may determine.

(5) In this section, “sheriff clerk” does not include sheriff clerk depute.

Deputy Clerks of the Sheriff Appeal Court

60

(1) The Scottish Courts and Tribunals Service may appoint individuals to be Deputy Clerks of the Sheriff Appeal Court.

(2) The number of Deputy Clerks is for the Scottish Courts and Tribunals Service to determine.

(3) An individual's appointment as Deputy Clerk—

(a) lasts for such period, and

(b) is on such other terms and conditions,

as the Scottish Courts and Tribunals Service may determine.

(4) An individual may hold office as a Deputy Clerk of the Sheriff Appeal Court at the same time as holding office as clerk, or deputy or assistant clerk, of another court.

Clerk and Deputy Clerks: further provision

61

(1) The Clerk and Deputy Clerks of the Sheriff Appeal Court are also members of staff of the Scottish Courts and Tribunals Service.

(2) Accordingly, a reference in any enactment to the staff of the Scottish Courts and Tribunals Service includes, except where the context requires otherwise, a reference to the Clerk and Deputy Clerks of the Sheriff Appeal Court.

(3) The Clerk of the Sheriff Appeal Court may, with the consent of the Scottish Courts and Tribunals Service, delegate the carrying out of any of the Clerk's functions to—

(a) a Deputy Clerk of the Sheriff Appeal Court, or

(b) any other member of staff of the Scottish Courts and Tribunals Service.

(4) Subsection (5) applies in relation to any period during which—

(a) the office of Clerk of the Sheriff Appeal Court is vacant, or

(b) the holder of that office is for any reason unable to carry out the functions of the office.

(5) The Scottish Courts and Tribunals Service may make arrangements for the functions of the Clerk of the Sheriff Appeal Court to be carried out during the period referred to in subsection (4) by—

(a) a Deputy Clerk of the Sheriff Appeal Court, or

(b) any other member of staff of the Scottish Courts and Tribunals Service.

(6) The Scottish Courts and Tribunals Service may give such instructions to the Clerk of the Sheriff Appeal Court, or a person carrying out the Clerk's functions under subsection (5), as it considers necessary for the purposes of this Act; and the Clerk or, as the case may be, such person must comply with any such instructions.

Records

Records of the Sheriff Appeal Court

62

(1) A record of the Sheriff Appeal Court is authenticated by being signed by—

(a) an Appeal Sheriff, or

(b) the Clerk of the Court.

(2) A record authenticated in accordance with subsection (1), or a certified copy of such a record or of an extract of such a record, is sufficient evidence of the facts recorded in the record.

(3) The Sheriff Appeal Court may keep (and produce) records in electronic form.

(4) For the purposes of this section, a reference to a record or a copy of a record being signed or, as the case may be, certified, includes a reference to the record or copy being authenticated by means of—

(a) an electronic signature, or

(b) such other means of authentication as may be specified for that purpose by an act of sederunt under section 104(1).

(5) In this section—

“certified copy” means a copy certified by the Clerk of the Sheriff Appeal Court as a true copy,

“electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document,

“record” means any interlocutor, decree, minute or other document by which the proceedings and decisions of the Sheriff Appeal Court are recorded.

PART 3 — CIVIL PROCEDURE

CHAPTER 1 — SHERIFF COURT

Civil jury trials

Civil jury trials in an all-Scotland sheriff court

63

(1) This section applies in relation to relevant proceedings in an all-Scotland sheriff court.

(2) If the proceedings are remitted to probation, they must be tried by jury unless—

(a) the parties agree otherwise, or

(b) special cause is shown.

(3) Facts or circumstances constitute special cause for the purposes of subsection (2)(b) only if they would constitute special cause for the purpose of section 9(b) of the Court of Session Act 1988 (allowing of proof by Lord Ordinary).

(4) The questions to be put to the jury are to be—

(a) approved by the sheriff, and

(b) specified by the sheriff in an interlocutor.

(5) The jury is to consist of 12 jurors.

(6) Proceedings which are to be tried by jury under this section are referred to in this Chapter as “jury proceedings”.

(7) In this section, “relevant proceedings” means proceedings—

(a) of a type specified in an order under section 41(1), and

(b) which would be a jury action within the meaning of section 11 of the Court of Session Act 1988 if the same proceedings were (disregarding section 39)—

(i) taken by an action in the Court of Session, and

(ii) remitted to probation there.

Selection of the jury

64

(1) The jurors for the trial in jury proceedings are to be selected in open court by ballot.

(2) Each party to the proceedings may challenge the selection of any juror whose name is drawn in the ballot.

(3) A party may, under subsection (2), at any time during the selection of jurors—

(a) challenge the selection of up to 4 jurors without having to give a reason, and

(b) challenge the selection of any other juror, provided a reason for the challenge is stated.

Application to allow the jury to view property

65

(1) A party to jury proceedings may apply to the sheriff to allow the jury to view any heritable or moveable property relevant to the proceedings.

(2) Where an application is made under subsection (1), the sheriff may grant the application if the sheriff considers it proper and necessary for the jury to view the property.

Discharge or death of juror during trial

66

(1) In jury proceedings, the sheriff may, in the course of the trial, discharge a member of the jury from further service on the jury if satisfied that the juror—

(a) is, by reason of illness, unable to continue to serve on the jury, or

(b) should, for any other reason, be discharged from further service on the jury.

(2) Subsections (3) and (4) apply where a member of the jury—

(a) is discharged under subsection (1), or

(b) dies.

(3) So long as there remain at least 10 members of the jury—

(a) the remaining members of the jury are in all respects deemed to constitute the jury for the purpose of the trial, and

(b) any verdict returned by the remaining members of the jury, whether unanimous or by majority, is to have the same force and effect as if it were a unanimous or, as the case may be, majority verdict of the whole number of the jury.

(4) If there remain fewer than 10 members of the jury, the sheriff must—

(a) discharge the jury, and

(b) order the proceedings to be tried by another jury.

Trial to proceed despite objection to opinion and direction of the sheriff

67

In jury proceedings, despite any objection being taken in the course of the trial to the opinion and direction of the sheriff—

(a) the trial is to proceed, and

(b) the jury are to return their verdict and, where necessary, assess damages.

Return of verdict

68

(1) In jury proceedings, the sheriff must, at the end of the sheriff's charge to the jury, direct the jury to select one of their members to speak for them when returning their verdict.

(2) The jury may at any time return a verdict by a simple majority of their members.

(3) Subsection (4) applies if the jury—

(a) have been enclosed for at least 3 hours, and

(b) at the end of that time are unable to agree a verdict or to return a verdict by majority.

(4) The sheriff may—

(a) discharge the jury without their having returned a verdict, and

(b) order the proceedings to be tried by another jury.

(5) When the verdict is returned, it is to be—

(a) declared orally in open court by the juror selected under subsection (1), and

(b) taken down in writing by the sheriff clerk before the jury is discharged.

(6) In jury proceedings containing a claim for damages, where the jury return a verdict for the pursuer, the jury must also assess the amount of damages.

(7) The verdict of the jury is final so far as relating to the facts found by the jury.

(8) Subsection (7) is subject to sections 69 and 71.

Application for new trial

69

(1) After the jury have returned their verdict in jury proceedings, any party to the proceedings may, on any ground specified in subsection (2), apply to the Sheriff Appeal Court for a new trial.

(2) The grounds are—

(a) the sheriff misdirected the jury,

(b) undue admission or rejection of evidence,

(d) damages awarded are excessive or inadequate,

(e) new evidence or information has come to light since the trial,

(f) any other ground essential to the justice of the case.

(3) On an application under subsection (1), the Sheriff Appeal Court may grant or refuse a new trial.

(4) Subsection (3) is subject to section 70.

(5) Where the Court grants a new trial—

(a) the verdict of the jury is set aside, and

(b) the proceedings are to be tried by another jury.

(6) Subsection (7) applies where—

(a) an application is made under subsection (1) on the ground that the verdict is contrary to the evidence, and

(b) after hearing the parties, the Sheriff Appeal Court is of the opinion that—

(i) the ground is established, and

(ii) it has before it all the relevant evidence that could reasonably be expected to be obtained in relation to the proceedings.

(7) The Court may, instead of granting a new trial—

(a) set aside the verdict of the jury, and

(b) enter judgment for the party unsuccessful at the trial.

(8) In a case where the Court is constituted by more than one Appeal Sheriff, the opinion referred to in subsection (6)(b) must be the opinion of all of them.

Restrictions on granting a new trial

70

(1) Subsection (2) applies where—

(a) an application is made under section 69(1) on the ground of undue admission of evidence, and

(b) the Sheriff Appeal Court is of the opinion that exclusion of the evidence in question could not have led to a different verdict from the one actually returned.

(2) The Court must refuse to grant a new trial.

(3) Subsection (4) applies where—

(a) an application is made under section 69(1) on the ground of undue rejection of documentary evidence, and

(b) the Sheriff Appeal Court is of the opinion that the documents in question would not have affected the jury's verdict.

(4) The Court must refuse to grant a new trial.

(5) Subsection (6) applies where—

(a) an application is made under section 69(1), and

(b) the Sheriff Appeal Court is of the opinion that—

(i) the only ground for granting a new trial is that damages awarded are excessive or inadequate, and

(ii) a new trial is essential to the justice of the case.

(6) The Court may grant a new trial restricted to the question of the amount of damages only.

(7) On an application under section 69(1), where the Sheriff Appeal Court is constituted by more than one Appeal Sheriff—

(a) the Court may not grant a new trial except in conformity with the opinion of a majority of the Appeal Sheriffs hearing the application, and

(b) in the case of equal division, the Court must refuse to grant a new trial.

Verdict subject to opinion of the Sheriff Appeal Court

71

(1) This section applies in relation to any jury proceedings in which the sheriff has directed the jury on any matter.

(2) A party against whom the verdict of the jury is returned may apply to the Sheriff Appeal Court for the verdict instead to be entered in the party's favour.

(3) On an application under subsection (2), the Court may—

(a) set aside the verdict and exercise either of the powers in subsections (4) and (6), or

(b) refuse the application.

(4) Where the Court is of the opinion—

(a) that the sheriff's direction was erroneous, and

(b) that the party making the application was entitled to the verdict in whole or in part,

it may direct the verdict to be entered in that party's favour.

(5) The Court may direct the verdict to be so entered—

(a) either in whole or in part, and

(b) either absolutely or on such terms as the Court thinks fit.

(6) Where the Court is of the opinion that it is necessary to do so, it may order the proceedings to be tried by another jury.

Simple procedure

72

(1) For the purposes of the procedure and practice in civil proceedings in the sheriff court, there is to be a form of procedure to be known as “simple procedure”.

(2) Subject to the provisions of this Part, further provision about simple procedure is to be made by act of sederunt under section 104(1).

(3) The following types of proceedings may only be brought subject to simple procedure (and no other types of proceedings may be so brought)—

(a) proceedings for payment of a sum of money not exceeding £5,000,

(b) actions of multiplepoinding where the value of the fund or property that is the subject of the action does not exceed £5,000,

(d) actions ad factum praestandum, other than actions in which there is claimed, in addition or as an alternative to a decree ad factum praestandum, a decree for payment of a sum of money exceeding £5,000,

(e) proceedings for the recovery of possession of heritable property or moveable property, other than proceedings in which there is claimed, in addition or as an alternative to a decree for such recovery, a decree for payment of a sum of money exceeding £5,000.

(4) Subsection (3) is subject to sections 78 (transfer of cases to simple procedure), 80 (transfer of cases from simple procedure) and 83 (transitional provision: summary cause).

(5) Subsection (3)(a) is subject to sections 73 and 74.

(6) The calculation of a sum for the time being mentioned in subsection (3) is to be determined in accordance with provision made by the Court of Session by act of sederunt.

(7) An act of sederunt under subsection (6) may make different provision for different purposes.

(8) An act of sederunt under section 104(1) may make provision for the purposes of this Act for determining whether proceedings are of a type mentioned in subsection (3).

(9) Proceedings that—

(a) are subject to simple procedure under subsection (3) or by virtue of any other enactment,

(b) are brought subject to simple procedure under section 74, or

are referred to in this Part as a “simple procedure case”.

(10) Subsection (9) is subject to section 80.

(11) References in subsection (3) to a sum of money is to that amount exclusive of interest and expenses.

(12) The Scottish Ministers may by order substitute for any sum for the time being specified in this section a different sum.

Proceedings in an all-Scotland sheriff court

73

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