Search Legislation

Judiciary and Courts (Scotland) Act 2008

Status:

This is the original version (as it was originally enacted).

Ministerial powers

68Provision of information

The SCS must provide the Scottish Ministers with such information relating to the carrying out of its functions as the Scottish Ministers may require.

69Guidance

The SCS must, in carrying out its functions, have regard to any guidance issued by the Scottish Ministers.

70Default power

(1)Subsection (2) applies if the Scottish Ministers consider—

(a)that the SCS is—

(i)failing to carry out its functions to such an extent that there is a significant risk to the efficient and effective functioning of the Scottish courts, or

(ii)is carrying them out in such a way that there is such a risk, and

(b)that in order to avoid or mitigate that risk it is necessary that the functions be carried out instead by them.

(2)Where this subsection applies, the Scottish Ministers may by order provide for the functions of the SCS to be carried out instead by them.

(3)So far as necessary for the purpose of the carrying out by the Scottish Ministers of the functions of the SCS by virtue of subsection (2)—

(a)references in any enactment to the SCS are to be read as references to the Scottish Ministers,

(b)staff of the SCS are to be treated as if they were staff of the Scottish Ministers, and

(c)property and liabilities of the SCS are to be treated as property and liabilities of the Scottish Ministers.

(4)Subsection (3) is subject to any provision made in an order under subsection (2).

(5)A statutory instrument containing an order under subsection (2) (other than one to which subsection (7) applies)—

(a)is to be laid before the Scottish Parliament after being made, and

(b)unless earlier revoked, ceases to have effect at the end of the period of 40 days beginning with the day on which it is made if it is not by then approved by resolution of the Parliament.

(6)Subsection (7) applies to a statutory instrument containing an order under subsection (2) consisting only of—

(a)provision revoking an earlier order under subsection (2), or

(b)such provision and provision made by virtue of section 71(2).

(7)A statutory instrument to which this subsection applies is subject to annulment in pursuance of a resolution of the Parliament.

(8)If an order under subsection (2) ceases to have effect by virtue of subsection (5)(b)—

(a)that does not affect—

(i)the validity of anything done by or in relation to the Scottish Ministers by virtue of the order, or

(ii)the power to make a further order under subsection (2), and

(b)the Scottish Ministers may by order make such consequential provision as they consider necessary or expedient.

(9)In calculating a period of 40 days for the purpose of subsection (5)(b), no account is to be taken of any time during which the Parliament is—

(a)dissolved, or

(b)in recess for more than 4 days.

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