Judiciary and Courts (Scotland) Act 2008

SCHEDULE 5 Consequential amendments and repeals

(introduced by section 73)

The Courts of Law Fees (Scotland) Act 1895 (c. 14)

1 In the Courts of Law Fees (Scotland) Act 1895, in section 2(1)(a), the words from “the expenses” to “Scottish Ministers” are repealed.

The Sheriff Courts (Scotland) Act 1971 (c. 58)

2 (1) The 1971 Act is amended as follows.

(2) Section 11A(2) is repealed.

(3) Section 11C is repealed.

(4) In section 11D (regulations and orders under sections 11A and 11C)—

(a) in subsection (1), for the words “Regulations under section 11A or section 11C and orders” substitute “Orders”, and

(b) in subsection (2), the words “regulations or” are repealed.

(5) Part 2 (court houses, buildings and offices) is repealed.

(6) In section 33 (Sheriff Court Rules Council), in subsection (4), the words from “and” to the end are repealed.

The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 (S.I. 1999/1017)

3 The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 is revoked.

The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)

4 The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 is repealed.

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

5 (1) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.

(2) In section 81 (orders)—

(a) in subsection (1), after “Ministers” insert “or the Lord President of the Court of Session”, and

(b) in subsection (2)(a), after “consider” insert “or (as the case may be) the Lord President considers”.

(3) The following provisions are repealed—

(a) in section 59(8) (establishing JP courts), paragraph (a) and the word “and” which immediately follows it,

(b) section 60 (provision for justice of the peace courts), and

(c) section 63(6) (staffing of justice of the peace courts)