- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)For the purpose mentioned in subsection (2), the Scottish Ministers may by order—
(a)provide for any district court to be disestablished,
(b)impose, in relation to the disestablishment, specific requirements on the local authority responsible for the court.
(2)The purpose is that, by the end of a period determined by the Scottish Ministers, the district courts (taken as a whole) cease to exist.
(3)Before making an order under subsection (1), the Scottish Ministers must consult—
(a)the sheriff principal for the sheriffdom in which the district court is located, and
(b)the local authority responsible for the court.
(4)The Scottish Ministers may by order repeal any or all of the provisions of the 1975 Act to such extent as they consider to be appropriate for the purposes of or in connection with the provisions of this Part.
(5)The Scottish Ministers may by order provide for the application for the purpose of the operation of any remaining district courts of any provisions of the 1995 Act, or any other enactment, which refer to JP courts.
(6)The provisions of—
(a)the 1975 Act for the time being in force,
(b)the 1995 Act, or any other enactment, so far as applying in relation to any remaining district courts,
have effect with or subject to such modifications as the Scottish Ministers may by order make for the purpose of the operation of any remaining district courts.
(7)Any function of any remaining district court (including as referable to jurisdiction or powers) exercisable by virtue of—
(a)a provision of the 1975 Act (including as modified under subsection (6)(a) or as affected by repeal by or under this Act),
(b)a provision of the 1995 Act (including as applied under subsection (5), as modified under subsection (6)(b) or as affected by repeal by or under this Act),
(c)a provision of any other enactment (including as modified under subsection (6)(b) or as affected by repeal by or under this Act),
is subject to such provision as the Scottish Ministers may by order make for the purpose of the operation of any remaining district courts.
(8)Any function of a local authority under a provision of the 1975 Act for the time being in force (including as modified under subsection (6)(a)) is subject to any requirements imposed under subsection (1)(b).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: