Judiciary and Courts (Scotland) Act 2008

The Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)

2 (1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.

(2) In section 1 (appointment of sheriff clerk and procurator fiscal)—

(a) in subsection (1)—

(i) for “one of His Majesty’s Principal Secretaries of State” substitute “the Scottish Court Service”,

(ii) for “Secretary of State” substitute “Scottish Court Service”, and

(iii) for “him” substitute “it”, and

(b) in subsection (4), for “Secretary of State”, in both places those words appear, substitute “Scottish Court Service”.

(3) In section 2 (appointment of sheriff clerk and procurator fiscal deputes), for “Secretary of State” substitute “Scottish Court Service”.

(4) In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), for “Secretary of State”, in both places those words appear, substitute “Scottish Court Service”.

(5) In section 4 (vacancy in office of sheriff clerk, procurator fiscal or deputes), for “Secretary of State” substitute “Scottish Court Service”.

(6) In section 5 (whole-time clerks)—

(a) in subsection (1), for “Secretary of State” substitute “Scottish Court Service”, and

(b) in subsection (2)—

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

(ii) for “they consider” substitute “it considers”.

(7) In section 8 (power to issue instructions, etc.)—

(a) in subsection (1), for “Secretary of State” substitute “Scottish Court Service”, and

(b) in subsection (2)—

(i) for “Secretary of State” substitute “Scottish Ministers”, and

(ii) for “him” substitute “the Scottish Court Service”.

(8) In section 9 (deputation by sheriff clerk or procurator fiscal), for “Secretary of State” substitute “Scottish Court Service”.