Search Legislation

Judiciary and Courts (Scotland) Act 2008

Status:

This is the original version (as it was originally enacted).

Functions

61Administrative support for the Scottish courts and judiciary

(1)The SCS has the function of providing, or ensuring the provision of, the property, services, officers and other staff required for the purposes of—

(a)the Scottish courts, and

(b)the judiciary of those courts.

(2)In carrying out that function, the SCS must—

(a)take account, in particular, of the needs of members of the public and those involved in proceedings in the Scottish courts, and

(b)so far as practicable and appropriate, co-operate and co-ordinate activity with any other person having functions in relation to the administration of justice.

(3)In this Part, “the Scottish courts” has the meaning given by section 2(6).

62Administrative support for other persons

(1)The SCS has the function of providing, or ensuring the provision of, the property, services and staff required for the purposes of—

(a)the Lord President in the carrying out of—

(i)functions conferred on the Lord President as Head of the Scottish Judiciary, and

(ii)other non-judicial functions of the Lord President,

(b)any judicial office holder in the carrying out of functions delegated to the office holder by the Lord President,

(c)the sheriffs principal in the carrying out of their functions under sections 15 to 17 of the 1971 Act,

(d)the Public Guardian (established by section 6 of the Adults with Incapacity (Scotland) Act 2000 (asp 4)),

(e)the Court of Session Rules Council (being the Rules Council mentioned in section 8 of the Court of Session Act 1988 (c. 36)),

(f)the Criminal Courts Rules Council,

(g)the Sheriff Court Rules Council, and

(h)such other persons, or persons of such description, as the Scottish Ministers may by order specify.

(2)Before making an order under subsection (1)(h), the Scottish Ministers must consult the Lord President.

63Appointment etc. of office holders

(1)The Scottish Ministers' functions in relation to the officers mentioned in subsection (2) are transferred to the SCS.

(2)Those officers are the holders of the following offices—

(a)Accountant of Court,

(b)Principal Clerk of Session,

(c)other Clerk or officer of the Court of Session,

(d)Principal Clerk of Justiciary,

(e)Depute, Assistant or other Clerk in the Justiciary Office of the High Court of Justiciary,

(f)Macer in the Court of Session and Macer in the High Court of Justiciary,

(g)sheriff clerk,

(h)sheriff clerk depute, and

(i)clerk or assistant clerk of a justice of the peace court.

(3)Those officers are also members of the staff of the SCS and, accordingly, references in this Act to the staff of the SCS include, except where the context requires otherwise, reference to those officers.

(4)Schedule 4 contains amendments of enactments consequential on this section.

64Payment of remuneration etc. of certain judicial office holders

(1)In section 11(8) (remuneration and allowances of temporary sheriffs principal) of the 1971 Act, for “Secretary of State” in the first place those words appear substitute “Scottish Court Service”.

(2)In section 11A(8) (remuneration and allowances of part-time sheriffs) of the 1971 Act—

(a)for “Scottish Ministers” substitute “Scottish Court Service”, and

(b)for “they” substitute “the Scottish Ministers”.

(3)In section 22(5) (remuneration and allowances of re-employed retired judges) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)

(a)for “Scottish Ministers” substitute “Scottish Court Service”, and

(b)for “they” substitute “the Scottish Ministers”.

(4)In paragraph 10 (remuneration of temporary judges of the Court of Session) of Schedule 4 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

(a)for “Scottish Ministers” substitute “Scottish Court Service”, and

(b)for “they” substitute “the Scottish Ministers”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources