Part 3The courts
Justice of the peace courts
I157Establishment, constitution etc.
1
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) is amended as follows.
2
In section 59 (establishing justice of the peace courts)—
a
subsection (1) is repealed,
b
in subsection (4), for “Scottish Ministers determine” substitute “
Lord President of the Court of Session determines
”
,
c
in subsection (5), for “Scottish Ministers” substitute “
Lord President
”
, and
d
for subsection (7) substitute—
7
The Scottish Ministers may make an order under subsection (2) or (6) only with the consent of—
a
the Lord President, and
b
the Scottish Court Service.
7A
Before consenting to the making of such an order—
a
the Lord President must consult the sheriff principal for the sheriffdom in which the JP court is, or is to be, located, and
b
the Scottish Court Service must consult such persons as it considers appropriate.
3
In section 63 (constitution and powers etc. of justice of the peace courts)—
a
after subsection (2) insert—
2A
The Scottish Ministers may make an order under subsection (2) only on the recommendation of the Lord President of the Court of Session.
b
in subsection (5)(b), for “Scottish Ministers” substitute “
Lord President
”
.