LegalizeThe Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015
Made: 24th February 2015
Laid before the Scottish Parliament: 26th February 2015
Coming into force in accordance with article 1
The Scottish Ministers make the following Order in exercise of the powers conferred by section 138(2) and (3) of the Courts Reform (Scotland) Act 2014[^f00001] and all other powers enabling them to do so.
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015.
- (2) This article and article 2(1) come into force on 12th March 2015.
- (3) The remaining provisions of this Order come into force on 1st April 2015.
- (4) In this Order, “the Act” means the Courts Reform (Scotland) Act 2014.
Appointed day
2
- (1) The day appointed for the coming into force of section 23(5) of the Act (power of Court of Session to make rules about procedure at tribunal constituted under section 21) is 12th March 2015.
- (2) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 1st April 2015.
- (3) Where a purpose is specified in column 3 of the table in the Schedule, a provision specified in column 1 of that table comes into force only for that purpose.
Payment of judicial remuneration and expenses
3
- (1) Paragraphs (2) to (4) apply until the day on which section 16(12) of the Act (salaries and remuneration payable by SCTS) comes into force.
- (2) Salaries under section 16(1) of the Act and remuneration under section 16(3) of the Act are to be paid by the Scottish Ministers.
- (3) Remuneration under section 16(5), (9) and (11) of the Act is to be paid by the Scottish Courts and Tribunals Service.
- (4) Sums required by the Scottish Ministers for the payment of a salary or remuneration under paragraph (2) are charged on the Scottish Consolidated Fund.
Tribunal to consider fitness for office
4
Judicial conduct occurring before 1st April 2015 may be taken into account in any proceedings under section 21 of the Act (tribunal to consider fitness for office).
Re-employment of former sheriffs principal in the Sheriff Appeal Court
5
- (1) Section 51(1) of the Act (re-employment of former Appeal Sheriffs) has effect as if the reference in it to a qualifying former Appeal Sheriff included a reference to a qualifying former sheriff principal.
- (2) For that purpose, a “qualifying former sheriff principal” is an individual who—
- (a) prior to the commencement of section 49(1) of the Act—
- (i) held office as a sheriff principal; and
- (ii) ceased to hold that office other than by virtue of an order under section 12E of the Sheriff Courts (Scotland) Act 1971 (removal from office)[^f00002]; and
- (b) has not reached the age of 75.
Saving for regulation of commissary business
6
Despite the repeal of section 54 of the Sheriff Courts (Scotland) Act 1876[^f00003] (courts to make acts of sederunt) by paragraph 3 of schedule 5 to the Act—
- (a) any act of sederunt made under that section shall continue to have effect on or after 1st April 2015 as it had effect immediately before that date; and
- (b) that section shall continue to have effect for the purpose of enabling the revocation of any act of sederunt made under it.
Saving for existing subordinate legislation
7
- (1) Despite the coming into force of paragraphs 4(f), 6(2), 26, 28 and 30(3) of schedule 5 to the Act (which repeal the enactments specified in paragraph (2)), any subordinate legislation made under an enactment specified in paragraph (2) continues to have effect.
- (2) The enactments are—
- (a) section 2 of the Court of Law Fees (Scotland) Act 1895[^f00004] (power of Scottish Ministers to regulate court fees);
- (b) section 6 of the Execution of Diligence (Scotland) Act 1926[^f00005] (regulations, forms and fees);
- (c) section 40 of the Sheriff Courts (Scotland) Act 1907[^f00006] (Court of Session to regulate fees etc.);
- (d) in the Sheriff Courts (Scotland) Act 1971—
- (i) section 32 (power of Court of Session to regulate civil procedure in sheriff court);
- (ii) section 32A[^f00007] (rules for lay representation); and
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) in the Court of Session Act 1988[^f00008]—
- (i) section 5 (power to regulate procedure etc. by act of sederunt);
- (ii) section 5A[^f00009] (rules for lay representation); and
- (iii) section 6 (allocation of business etc. by act of sederunt).
- (3) In paragraph (2), a reference to an enactment includes a reference to that enactment as extended, applied or modified by any other enactment.
SCHEDULE — Provisions of the Act coming into force on 1st April 2015
| Column 1 Provisions of the Act | Column 2 Subject Matter | Column 3 Purpose |
|---|---|---|
| (1) Section 130 was brought into force for limited purposes by S.S.I. 2015/12 (C. 2). | (1) Section 130 was brought into force for limited purposes by S.S.I. 2015/12 (C. 2). | (1) Section 130 was brought into force for limited purposes by S.S.I. 2015/12 (C. 2). |
| (2) Paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 were brought into force for limited purposes by S.S.I. 2015/12 (C. 2). | (2) Paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 were brought into force for limited purposes by S.S.I. 2015/12 (C. 2). | (2) Paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 were brought into force for limited purposes by S.S.I. 2015/12 (C. 2). |
| (3) Sections 2(3) and 3(4) are repealed by the Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700). | (3) Sections 2(3) and 3(4) are repealed by the Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700). | (3) Sections 2(3) and 3(4) are repealed by the Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700). |
| Sections 1 and 2 | Sheriffdoms, sheriff court districts and sheriff courts | |
| Sections 3 and 4 | Sheriffs principal and sheriffs | |
| Section 5 | Summary sheriffs | For the purpose of making appointments |
| Sections 6 to 9 | Judiciary of the sheriffdoms | |
| Section 10 | Part-time summary sheriffs | For the purpose of making appointments |
| Sections 11 to 15 | Judiciary of the sheriffdoms | |
| Section 16(1) to (11) | Remuneration | |
| Sections 17 to 22 | Judiciary of the sheriffdoms | |
| Section 23 | Further provision about tribunals constituted under section 21 | For all remaining purposes |
| Sections 24 and 25 | Tribunal report and removal from office | |
| Sections 27 to 37 | Organisation of business | |
| Section 38 | Jurisdiction and competence of sheriffs | |
| Section 39 | Power to make act of sederunt for determining the value of an order etc. | For the purpose of making provision by act of sederunt |
| Sections 40 to 43 | Jurisdiction and competence of sheriffs | |
| Section 46 | The Sheriff Appeal Court | For the purpose of enabling appointments under sections 49 to 51, 53, 54, 59 and 60 |
| Sections 49 to 53 | Sheriff Appeal Court – appointments etc. | |
| Section 54 to 56 | President and Vice President of the Sheriff Appeal Court etc. | |
| Section 57(3) to (5) | Power to prescribe sittings of the Sheriff Appeal Court | |
| Sections 59 to 61 | Clerk and Deputy Clerks of the Sheriff Appeal Court | |
| Section 62 | Records of the Sheriff Appeal Court | |
| Section 72 | Power to make provision by act of sederunt in relation to simple procedure | For the purpose of making provision by act of sederunt |
| Section 75 | Rule-making: matters to be taken into consideration | |
| Section 76 | Rules relating to service of documents | |
| Section 81 | Expenses in simple procedure cases | For the purpose of enabling an order to be made |
| Section 86 | Power to enable sheriff to make orders having effect outside sheriffdom | For the purpose of enabling an order to be made by the Scottish Ministers |
| Section 87 | Power of sheriff to order sheriff clerk to execute deed relating to heritage | |
| Section 88 | Interim orders | |
| Section 90 | Interim orders | |
| Section 91 | Warrants for ejection | |
| Section 98 | Power to make supplementary provision about lay representation for non-natural persons | |
| Section 102 | Power to make orders in relation to vexatious behaviour | For the purpose of enabling regulations to be made |
| Sections 103 to 107 | Procedure and fees | |
| Section 115 | Appeals: granting of leave or permission and assessment of grounds of appeal | |
| Section 119 | Appeals from the Sheriff Appeal Court to the High Court | For the purpose of enabling the making of an act of adjournal in reliance upon inserted section 194ZF(1)(c)(ii) of the Criminal Procedure (Scotland) Act 1995 |
| Section 123 | Appointment of Court of Session Judges etc. | |
| Section 125 | Judges of the Court of Session - expenses | |
| Section 127 | Establishing, relocating and disestablishing justice of the peace courts | |
| Section 130 | The Scottish Courts and Tribunal Service | For all remaining purposes[^f01000] |
| Section 131 | Assistants to the Judicial Appointments Board for Scotland | |
| Section 132 | Modification of enactments | For the purpose of bringing into force the provisions of schedule 5 listed in column 1 below |
| Section 134(2) | References to “sheriff” | |
| Schedule 2 | Appeal Sheriffs: temporary provision | For the purpose of enabling appointments to be made under paragraph 2(1) of schedule 2 |
| Schedule 4 | The Scottish Courts and Tribunals Service | For all remaining purposes[^f01001] |
| The following provisions of schedule 5— | Modifications of enactments | |
| Paragraphs 1 to 3 | Sheriff courts | |
| Paragraph 4(a) | Repeal of sections 4 to 7 of the Sheriff Courts (Scotland) Act 1907 | For the purpose of repealing sections 4 to 6 of the Sheriff Courts (Scotland) Act 1907 |
| Paragraph 4(b) and (c) | Repeal of sections 10, 11 and 14 of the Sheriff Courts (Scotland) Act 1907 | |
| Paragraph 4(f) | Repeal of sections 39 and 40 of the Sheriff Courts (Scotland) Act 1907 | For the purpose of repealing section 40 of the Sheriff Courts (Scotland) Act 1907 |
| Paragraph 5 | Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927 | |
| Paragraph 6(1) and (2) | Repeal of the Sheriff Courts (Scotland) Act 1971, other than sections 2(3) and 3(4)[^f01002] | For the purpose of repealing the whole of the Sheriff Courts (Scotland) Act 1971, with the exception of— |
| Paragraph 6(1) and (2) | Repeal of the Sheriff Courts (Scotland) Act 1971, other than sections 2(3) and 3(4)[^f01002] | section 31 (privative jurisdiction); section 35 (summary causes); section 36(2) and (3) (procedure in summary causes); sections 36A and 36B (small claims); section 37 (remits); section 38 (appeal in summary causes); section 45 (interpretation). |
| Paragraph 7 | Amendment of the Civil Jurisdiction and Judgments Act 1982 | |
| Paragraph 9 | Amendment of the Judiciary and Courts (Scotland) Act 2008 | |
| Paragraph 10 | Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927 | |
| Paragraph 11 | Amendment of the Public Records (Scotland) Act 1937 | |
| Paragraph 12(1) and (4) | Amendment of the Administration of Justice (Scotland) Act 1972 | |
| Paragraph 16 | Amendment of the Judiciary and Courts (Scotland) Act 2008 | |
| Paragraph 18 | Amendment of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 | |
| Paragraph 26 | Repeal of section 2 of the Court of Law Fees (Scotland) Act 1895 | |
| Paragraphs 28 to 31 | Regulation of procedure and fees | |
| Paragraph 34 | Amendment of the Promissory Oaths Act 1868 | |
| Paragraphs 36 to 38 | Judges of the Court of Session | |
| Paragraphs 42 to 45 | Miscellaneous |
Signed
PAUL WHEELHOUSE — Authorised to sign by the Scottish Ministers — 24th February 2015
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force provisions of the Courts Reform (Scotland) Act 2014 (“the Act”). Section 23(5) of the Act, which permits the Court of Session to make rules regulating a tribunal established under section 21 of the Act, comes into force on 12th March 2015. The provisions specified in column 1 of the table in the schedule to the Order come into force on 1st April 2015. The subject matter of these provisions is set out in column 2 of the table, and where provisions are brought into force only for a limited purpose, this purpose is given in column 3.
Articles 3 to 7 contain transitional and saving provisions.
Article 3 applies until the commencement of section 16(12) of the Act (which provides for all of the salaries and remuneration payable under that section to be paid by the Scottish Courts and Tribunals Service). It provides that the Scottish Ministers shall be responsible for the payment of the salaries and remuneration of sheriffs principal, sheriffs and summary sheriffs, and that the sums required for these payments shall be charged on the Scottish Consolidated Fund. It also provides that the remuneration of other judicial officers under that section shall be paid by the Scottish Courts and Tribunals Service.
Article 4 permits a tribunal constituted under section 21 of the Act (tribunal to consider fitness for office), to consider judicial conduct which took place prior to the commencement of that section.
Article 5 enables former sheriffs principal who have not reached the age of 75 to be appointed to act as Appeal Sheriffs in terms of section 51(1) of the Act (re-employment of former Appeal Sheriffs).
Article 6 saves acts of sederunt made under section 54 of the Sheriff Courts (Scotland) Act 1876 regulating commissary business from the repeal of that section by paragraph 3 of schedule 5 to the Act, and provides for that section to continue to have effect for the purpose of enabling their revocation.
Article 7 provides for existing subordinate legislation made under the powers specified in paragraph (2) of that Article to continue to have effect despite the repeal of those powers.
Footnotes
[^f00001]: 2014 asp 18.
[^f00002]: 1971 c.58; section 12E was inserted by the Judiciary and Courts (Scotland) Act 2008 (asp 6), section 40.
[^f00003]: 1876 c.70; section 54 was repealed, except in so far as it relates to commissary regulations, by the Sheriff Courts (Scotland) Act 1907 (c.51), Schedule 2. Section 54 was amended by the Public Records (Scotland) Act 1937 (c.43), Schedule 2 and the Sheriff Courts (Scotland) Act 1971 (c.58), Schedule 1, paragraph 1; the relevant acts of sederunt are S.S.I. 2013/291 and S.S.I. 2014/265.
[^f00004]: 1895 c.14; section 2 was substituted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12), section 4.
[^f00005]: 1926 c.16.
[^f00006]: 1907 c.51.
[^f00007]: Section 32A was added by the Legal Services (Scotland) Act 2010 (asp 16), section 127(b).
[^f00008]: 1988 c.36.
[^f00009]: Section 5A was added by the Legal Services (Scotland) Act 2010 (asp 16), section 126(b).
Editorial notes
[^key-db6671d973c4623bb82863252af4256b]: Art. 1 in force at 12.3.2015, see art. 1(2)
[^key-c46fbdb2da13a40426fed34893088b97]: Art. 2(1) in force at 12.3.2015, see art. 1(2)
[^key-c364ffbf64fe8b15e34f835b7d70ab9d]: Art. 2(2)(3) in force at 1.4.2015, see art. 1(3)
[^key-39d78a4143395b95a686d57003953742]: Art. 3 in force at 1.4.2015, see art. 1(3)
[^key-63b964ced42bb235076c51204ad42610]: Art. 4 in force at 1.4.2015, see art. 1(3)
[^key-0113311678fab5ecd22e9557d0c62027]: Art. 5 in force at 1.4.2015, see art. 1(3)
[^key-3ff921d7d80a4f99a5d3462960fe075d]: Art. 6 in force at 1.4.2015, see art. 1(3)
[^key-3c7aa2aa8e93f2c15c6bf1a00ca1a915]: Art. 7 in force at 1.4.2015, see art. 1(3)
[^key-8da09d2961245a91696cce8cf4db49b4]: Art. 7(2)(d)(iii) revoked (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 1 para. 4
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