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subsection (1) is repealed,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 ”.