The Judiciary and Courts (Scotland) Act 2008 (Commencement No. 4, Transitional Provisions and Savings) Order 2010

Made: 9th February 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by sections71(2) and76(1) of the Judiciary and Courts (Scotland) Act 2008[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Commencement No.4, Transitional Provisions and Savings) Order 2010.

• (2) In this Order—

• (a) “the Act” means the Judiciary and Courts (Scotland) Act 2008;

• (b) “the 1971 Act” means the Sheriff Courts (Scotland) Act 1971[^f00002]; and

• (c) references to sections, chapters, parts, paragraphs and schedules are, unless otherwise stated, references to sections, chapters and parts of, and paragraphs of schedules and schedules to, the Act.

Appointed day

2

The days appointed for the coming into force of the provisions of the Act are—

• (a) 20th February 2010 for section 37(5) and section 40 insofar as it inserts section12(C)(5) into the Sheriff Courts (Scotland) Act 1971[^f00003]; and

• (b) 1st April 2010 for the provisions of the Act specified in the Schedule to this Order.

Transitional provisions and savings

3

Despite the coming into force of sections 35-40 and paragraphs 2(1) and (3) and 3 of schedule5, any proceedings for removal from judicial or shrieval office which have been commenced before 1st April 2010 shall continue to be governed by the law in force immediately before that date.

4

Judicial conduct occurring before 1stApril 2010 may be taken into account in any proceedings under Chapters4 and 5 of Part2.

5

Despite the coming into force of sections41 and 42, subordinate legislation made by Scottish Ministers under sections 69(1) and 71(7) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007[^f00004] shall continue to have effect on or after 1stApril 2010 as it had effect immediately before that date until such time as the Lord President of the Court of Session and the Court of Session respectively exercise their powers to make subordinate legislation under those sections and such subordinate legislation comes into force.

6

Despite the coming into force of section 48, any direction given by Scottish Ministers under section 9 of the 1971 Act before 1st April 2010 shall continue to have effect until its expiry or until the Lord President gives a direction under section 2(3) covering that subject matter.

7

Despite the coming into force of section53 any authorisation or direction given by Scottish Ministers under section10 of the 1971 Act before 1st April 2010 shall continue to have effect until its expiry or until revoked by the Lord President of the Court of Session.

8

Despite the coming into force of section 55, any requirement imposed or direction given by Scottish Ministers respectively under subsections (2) and (3) of section 14 of the 1971 Act shall continue to have effect until revoked by the Lord President of the Court of Session.

SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 1STAPRIL2010

Signed

FERGUS EWING — Authorised to sign by the Scottish Ministers — 9th February 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force the order making powers in sections 37(5) and 40 of the Judiciary and Courts (Scotland) Act 2008 on 20th February and the remaining provisions on 1st April 2010, with the exception of paragraph1 of schedule3.

Articles 3 to 8 make various transitional provisions and savings as a result of the transfer of powers from Scottish Ministers to the Lord President and the Court of Session.

Article 5 provides that orders made by Scottish Ministers on the training and appraisal and removal of justices of the peace are to remain in force until the Lord President of the Court of Session and Court of Session exercise their powers to make subordinate legislation under the relevant provisions as amended by this Act.

Article 6 provides that administrative directions given by Scottish Ministers to sheriffs principal and sheriffs are to continue to have effect until their expiry or until replaced by a direction given by the Lord President.

Article 7 provides that where Scottish Ministers have authorised a sheriff principal or directed a sheriff to act in another sheriffdom, that authorisation or direction shall continue to have effect until its expiry or until revoked by the Lord President of the Court of Session.

Article 8 provides that where Scottish Ministers have required any sheriff to reside at a particular place or have directed a sheriff to perform his or her duties in a particular sheriff court district or districts, that requirement or direction shall continue to have effect until revoked by the Lord President of the Court of Session.

Footnotes

[^f00001]: 2008 asp6.

[^f00002]: 1971 c.58

[^f00003]: 1971 c.58.

[^f00004]: asp 6. The Justices of the Peace (Scotland) Order 2007 (S.S.I. 2007/210) was made under section 69 of that Act and the District Courts and Justices of the Peace (Scotland) Order 2007 (S.S.I. 2007/480) was made under section 71.