Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

General S

14 Dissolution of existing rules councils S

(1) The Court of Session Rules Council established under section 18 of the Administration of Justice (Scotland) Act 1933 (c. 41) (and continued under section 8 of the Court of Session Act 1988 (c. 36)) is dissolved.

(2) Section 8 of the Court of Session Act 1988 is repealed.

(3) The Sheriff Court Rules Council is dissolved.

(4) Sections 33 and 34 of the Sheriff Courts (Scotland) Act 1971 (c. 58) are repealed.

Commencement Information

I1 S. 14 in force at 28.5.2013 by S.S.I. 2013/124, art. 2 (with art. 3)

15 Modification of enactments S

(1) In section 38(3) of the Legal Aid (Scotland) Act 1986 (c. 47) (rules of court), after “consult” insert “ the Scottish Civil Justice Council, ”.

(2) In section 32(3) of the Sheriff Courts (Scotland) Act 1971 (c. 58) (power of Court of Session to regulate civil procedure in sheriff court), for “Sheriff Court Rules Council under section 34 of this Act” substitute “ Scottish Civil Justice Council ”.

(3) In section 62 of the Judiciary and Courts (Scotland) Act 2008 (asp 6) (administrative support for other persons), in subsection (1)—

(a) after paragraph (d) insert—

“(ea) the Scottish Civil Justice Council,”, and

(b) paragraphs (e) and (g) are repealed.

Commencement Information

I2 S. 15 in force at 28.5.2013 by S.S.I. 2013/124, art. 2 (with art. 3)

16 Interpretation of Part 1 S

In this Part—

• “advocate” means a member of the Faculty of Advocates,

• “draft civil procedure rules” has the meaning given in section 2(4),

• [F1 draft fees rules” has the meaning given in section 2(6A),]

• [F2 “ draft inquiry procedure rules ” has the meaning given in section 2(6B), ]

• “solicitor” means a person qualified to practise as solicitor under section 4 of the Solicitors (Scotland) Act 1980 (c. 46),

• “the Chief Executive of the Scottish Court Service” means the chief executive appointed under paragraph 14(1) of schedule 3 to the Judiciary and Courts (Scotland) Act 2008 (asp 6),

• “the Lord Justice Clerk” means the Lord Justice Clerk of the Court of Session,

• “the Lord President” means the Lord President of the Court of Session,

• “the principal officer of the Scottish Legal Aid Board” means the principal officer appointed under paragraph 7(1) of Schedule 1 to the Legal Aid (Scotland) Act 1986 (c. 47).

Textual Amendments

F1 Words in s. 16 inserted (1.4.2016) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.S.I. 2016/142), arts. 1, 3

F2 Words in s. 16 inserted (15.1.2016) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(1), Sch. 1 para. 1(5)

Commencement Information

I3 S. 16 in force at 28.5.2013 by S.S.I. 2013/124, art. 2 (with art. 3)