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

Courts Reform (Scotland) Act 2014

Type Act of the Scottish Parliament

Publication 2014-11-10

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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

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(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

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(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.

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