Courts Reform (Scotland) Act 2014

1. Introductory Text

2. PART 1 SHERIFF COURTS

   1. CHAPTER 1 SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS

      1. 1. Sheriffdoms, sheriff court districts and sheriff courts

      2. 2. Power to alter sheriffdoms, sheriff court districts and sheriff courts

   2. CHAPTER 2 JUDICIARY OF THE SHERIFFDOMS

      1. Permanent and full-time judiciary

         1. 3. Sheriffs principal

         2. 4. Sheriffs

         3. 5. Summary sheriffs

      2. Temporary and part-time judiciary

         1. 6. Temporary sheriff principal

         2. 7. Temporary sheriff principal: further provision

         3. 8. Part-time sheriffs

         4. 9. Reappointment of part-time sheriffs

         5. 10. Part-time summary sheriffs

         6. 11. Reappointment of part-time summary sheriffs

      3. Re-employment of former holders of certain judicial offices

         1. 12. Re-employment of former judicial office holders

         2. 13. Re-employment of former judicial office holders: further provision

      4. Qualification and disqualification

         1. 14. Qualification for appointment

         2. 15. Disqualification from practice, etc.

      5. Remuneration and expenses

         1. 16. Remuneration

         2. 17. Expenses

      6. Leave of absence

         1. 18. Leave of absence

      7. Residence

         1. 19. Place of residence

      8. Cessation of appointment

         1. 20. Cessation of appointment of judicial officers

      9. Fitness for office

         1. 21. Tribunal to consider fitness for office

         2. 22. Tribunal investigations: suspension from office

         3. 23. Further provision about tribunals

         4. 24. Tribunal report

         5. 25. Removal from office

      10. Honorary sheriffs

          1. 26. Abolition of the office of honorary sheriff

   3. CHAPTER 3 ORGANISATION OF BUSINESS

      1. Sheriff principal’s general responsibilities

         1. 27. Sheriff principal’s responsibility for efficient disposal of business in sheriff courts

         2. 28. Sheriff principal’s power to fix sittings of sheriff courts

         3. 29. Lord President’s power to exercise functions under sections 27 and 28

      2. Deployment of judiciary

         1. 30. Power to authorise a sheriff principal to act in another sheriffdom

         2. 31. Power to direct a sheriff or summary sheriff to act in another sheriffdom

         3. 32. Power to re-allocate sheriffs principal, sheriffs and summary sheriffs between sheriffdoms

         4. 33. Allocation of sheriffs and summary sheriffs to sheriff court districts

      3. Judicial specialisation

         1. 34. Determination of categories of case for purposes of judicial specialisation

         2. 35. Designation of specialist judiciary

         3. 36. Allocation of business to specialist judiciary

         4. 37. Saving for existing powers to provide for judicial specialisation

   4. CHAPTER 4 COMPETENCE AND JURISDICTION

      1. Sheriffs: civil competence and jurisdiction

         1. 38. Jurisdiction and competence of sheriffs

         2. 39. Exclusive competence

         3. 40. Territorial jurisdiction

         4. 41. Power to confer all-Scotland jurisdiction for specified cases

         5. 42. All-Scotland jurisdiction: further provision

         6. 43. Jurisdiction over persons, etc.

      2. Summary sheriffs: civil and criminal competence and jurisdiction

         1. 44. Summary sheriff: civil competence and jurisdiction

         2. 45. Summary sheriff: criminal competence and jurisdiction

3. PART 2 THE SHERIFF APPEAL COURT

   1. CHAPTER 1 ESTABLISHMENT AND ROLE

      1. 46. The Sheriff Appeal Court

      2. 47. Jurisdiction and competence

      3. 48. Status of decisions of the Sheriff Appeal Court in precedent

   2. CHAPTER 2 APPEAL SHERIFFS

      1. 49. Sheriffs principal to be Appeal Sheriffs

      2. 50. Appointment of sheriffs as Appeal Sheriffs

      3. 51. Re-employment of former Appeal Sheriffs

      4. 52. Expenses

      5. 53. Temporary provision

   3. CHAPTER 3 ORGANISATION OF BUSINESS

      1. President and Vice President

         1. 54. President and Vice President of the Sheriff Appeal Court

         2. 55. President and Vice President: incapacity and suspension

      2. Disposal of business

         1. 56. President’s responsibility for efficient disposal of business

      3. Sittings

         1. 57. Sittings of the Sheriff Appeal Court

         2. 58. Rehearing of pending case by a larger Court

   4. CHAPTER 4 ADMINISTRATION

      1. Clerks

         1. 59. Clerk of the Sheriff Appeal Court

         2. 60. Deputy Clerks of the Sheriff Appeal Court

         3. 61. Clerk and Deputy Clerks: further provision

      2. Records

         1. 62. Records of the Sheriff Appeal Court

4. PART 3 CIVIL PROCEDURE

   1. CHAPTER 1 SHERIFF COURT

      1. Civil jury trials

         1. 63. Civil jury trials in an all-Scotland sheriff court

         2. 64. Selection of the jury

         3. 65. Application to allow the jury to view property

         4. 66. Discharge or death of juror during trial

         5. 67. Trial to proceed despite objection to opinion and direction of the sheriff

         6. 68. Return of verdict

         7. 69. Application for new trial

         8. 70. Restrictions on granting a new trial

         9. 71. Verdict subject to opinion of the Sheriff Appeal Court

      2. Simple procedure

         1. 72. Simple procedure

         2. 73. Proceedings in an all-Scotland sheriff court

         3. 74. Proceedings for aliment of small amounts under simple procedure

         4. 75. Rule-making: matters to be taken into consideration

         5. 76. Service of documents

         6. 77. Evidence in simple procedure cases

         7. 78. Transfer of cases to simple procedure

         8. 79. Proceedings in an all-Scotland sheriff court: transfer to simple procedure

         9. 80. Transfer of cases from simple procedure

         10. 81. Expenses in simple procedure cases

         11. 82. Appeals from simple procedure cases

         12. 83. Transitional provision: summary causes

      3. Interdicts and other orders: effect outside sheriffdom

         1. 84. Interdicts having effect in more than one sheriffdom

         2. 85. Proceedings for breach of an extended interdict

         3. 86. Power to enable sheriff to make orders having effect outside sheriffdom

      4. Execution of deeds relating to heritage

         1. 87. Power of sheriff to order sheriff clerk to execute deed relating to heritage

      5. Interim orders

         1. 88. Interim orders

   2. CHAPTER 2 COURT OF SESSION

      1. 89. Judicial review

      2. 90. Interim orders

      3. 91. Warrants for ejection

   3. CHAPTER 3 REMIT OF CASES BETWEEN COURTS

      1. 92. Remit of cases to the Court of Session

      2. 93. Remit of cases from the Court of Session

      3. 94. Remit of cases to the Scottish Land Court

   4. CHAPTER 4 LAY REPRESENTATION FOR NON-NATURAL PERSONS

      1. 95. Key defined terms

      2. 96. Lay representation in simple procedure cases

      3. 97. Lay representation in other proceedings

      4. 98. Lay representation: supplementary provision

   5. CHAPTER 5 JURY SERVICE

      1. 99. Jury service

   6. CHAPTER 6 VEXATIOUS PROCEEDINGS

      1. 100. Vexatious litigation orders

      2. 101. Vexatious litigation orders: further provision

      3. 102. Power to make orders in relation to vexatious behaviour

5. PART 4 PROCEDURE AND FEES

   1. Procedure

      1. 103. Power to regulate procedure etc. in the Court of Session

      2. 104. Power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court

   2. Fees of solicitors etc.

      1. 105. Power to regulate fees in the Court of Session

      2. 106. Power to regulate fees in the sheriff court and the Sheriff Appeal Court

   3. Court fees

      1. 107. Power to provide for fees for SCTS, court clerks and other officers

   4. Sanction for counsel

      1. 108. Sanction for counsel in the sheriff court and Sheriff Appeal Court

6. PART 5 CIVIL APPEALS

   1. Appeals to the Sheriff Appeal Court

      1. 109. Abolition of appeal from a sheriff to the sheriff principal

      2. 110. Appeal from a sheriff to the Sheriff Appeal Court

      3. 111. Sheriff Appeal Court’s powers of disposal in appeals

      4. 112. Remit of appeal from the Sheriff Appeal Court to the Court of Session

   2. Appeals to the Court of Session

      1. 113. Appeal from the Sheriff Appeal Court to the Court of Session

      2. 114. Appeal from the sheriff principal to the Court of Session

      3. 115. Appeals: granting of leave or permission and assessment of grounds of appeal

   3. Effect of appeal

      1. 116. Effect of appeal

   4. Appeals to the Supreme Court

      1. 117. Appeals to the Supreme Court

7. PART 6 CRIMINAL APPEALS

   1. Appeals from summary criminal proceedings

      1. 118. Appeals to the Sheriff Appeal Court from summary criminal proceedings

      2. 119. Appeals from the Sheriff Appeal Court to the High Court

      3. 120. Power to refer points of law for the opinion of the High Court

      4. 121. References by the Scottish Criminal Cases Review Commission

   2. Bail appeals

      1. 122. Bail appeals

8. PART 7 JUDGES OF THE COURT OF SESSION

   1. 123. Appointment of Court of Session judges, etc.

   2. 124. Payment of salaries of Court of Session judges

   3. 125. Expenses

9. PART 8 SCOTTISH LAND COURT

   1. 126. Scottish Land Court: remuneration and expenses

10. PART 9 JUSTICE OF THE PEACE COURTS

    1. 127. Establishing, relocating and disestablishing justice of the peace courts

    2. 128. Abolition of the office of stipendiary magistrate

    3. 129. Summary sheriffs to sit in justice of the peace courts

11. PART 10 THE SCOTTISH COURTS AND TRIBUNALS SERVICE

    1. 130. The Scottish Courts and Tribunals Service

12. PART 11 THE JUDICIAL APPOINTMENTS BOARD FOR SCOTLAND

    1. 131. Assistants to the Judicial Appointments Board for Scotland

13. PART 12 GENERAL

    1. 132. Modifications of enactments

    2. 133. Subordinate legislation

    3. 134. References to “sheriff”

    4. 135. Definition of “family proceedings”

    5. 136. Interpretation

    6. 137. Ancillary provision

    7. 138. Commencement

    8. 139. Short title

14. 1. Schedule 1

       Civil proceedings, etc. in relation to which summary sheriff has competence

    2. Schedule 2

       Appeal Sheriffs: temporary provision

    3. Schedule 3

       Transfer of summary criminal appeal jurisdiction to the Sheriff Appeal Court

    4. Schedule 4

       The Scottish Courts and Tribunals Service

       1. Part 1 Conferral of additional functions etc. in relation to tribunals

       2. Part 2 Transitional provision

       3. Part 3 Consequential repeals, etc.

    5. Schedule 5

       Modifications of enactments

       1. Part 1 Sheriff courts

       2. Part 2 Sheriff Appeal Court

       3. Part 3 Civil jury trials

       4. Part 4 Simple procedure

       5. Part 5 Judicial review

       6. Part 6 Remit of cases between courts

       7. Part 7 Regulation of procedure and fees

       8. Part 8 Civil appeals

       9. Part 9 Judges of the Court of Session

       10. Part 10 Justice of the Peace courts

       11. Part 11 Miscellaneous