Courts Reform (Scotland) Act 2014 (asp 18) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 SHERIFF COURTS
CHAPTER 1 SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS
1.Sheriffdoms, sheriff court districts and sheriff courts
2.Power to alter sheriffdoms, sheriff court districts and sheriff courts
CHAPTER 2 JUDICIARY OF THE SHERIFFDOMS
Permanent and full-time judiciary
3.Sheriffs principal
4.Sheriffs
5.Summary sheriffs
Temporary and part-time judiciary
6.Temporary sheriff principal
7.Temporary sheriff principal: further provision
8.Part-time sheriffs
9.Reappointment of part-time sheriffs
10.Part-time summary sheriffs
11.Reappointment of part-time summary sheriffs
Re-employment of former holders of certain judicial offices
12.Re-employment of former judicial office holders
13.Re-employment of former judicial office holders: further provision
Qualification and disqualification
14.Qualification for appointment
15.Disqualification from practice, etc.
Remuneration and expenses
16.Remuneration
17.Expenses
Leave of absence
18.Leave of absence
Residence
19.Place of residence
Cessation of appointment
20.Cessation of appointment of judicial officers
Fitness for office
21.Tribunal to consider fitness for office
22.Tribunal investigations: suspension from office
23.Further provision about tribunals
24.Tribunal report
25.Removal from office
Honorary sheriffs
26.Abolition of the office of honorary sheriff
CHAPTER 3 ORGANISATION OF BUSINESS
Sheriff principal’s general responsibilities
27.Sheriff principal’s responsibility for efficient disposal of business in sheriff courts
28.Sheriff principal’s power to fix sittings of sheriff courts
29.Lord President’s power to exercise functions under sections 27 and 28
Deployment of judiciary
30.Power to authorise a sheriff principal to act in another sheriffdom
31.Power to direct a sheriff or summary sheriff to act in another sheriffdom
32.Power to re-allocate sheriffs principal, sheriffs and summary sheriffs between sheriffdoms
33.Allocation of sheriffs and summary sheriffs to sheriff court districts
Judicial specialisation
34.Determination of categories of case for purposes of judicial specialisation
35.Designation of specialist judiciary
36.Allocation of business to specialist judiciary
37.Saving for existing powers to provide for judicial specialisation
CHAPTER 4 COMPETENCE AND JURISDICTION
Sheriffs: civil competence and jurisdiction
38.Jurisdiction and competence of sheriffs
39.Exclusive competence
40.Territorial jurisdiction
41.Power to confer all-Scotland jurisdiction for specified cases
42.All-Scotland jurisdiction: further provision
43.Jurisdiction over persons, etc.
Summary sheriffs: civil and criminal competence and jurisdiction
44.Summary sheriff: civil competence and jurisdiction
45.Summary sheriff: criminal competence and jurisdiction
PART 2 THE SHERIFF APPEAL COURT
CHAPTER 1 ESTABLISHMENT AND ROLE
46.The Sheriff Appeal Court
47.Jurisdiction and competence
48.Status of decisions of the Sheriff Appeal Court in precedent
CHAPTER 2 APPEAL SHERIFFS
49.Sheriffs principal to be Appeal Sheriffs
50.Appointment of sheriffs as Appeal Sheriffs
51.Re-employment of former Appeal Sheriffs
52.Expenses
53.Temporary provision
CHAPTER 3 ORGANISATION OF BUSINESS
President and Vice President
54.President and Vice President of the Sheriff Appeal Court
55.President and Vice President: incapacity and suspension
Disposal of business
56.President’s responsibility for efficient disposal of business
Sittings
57.Sittings of the Sheriff Appeal Court
58.Rehearing of pending case by a larger Court
CHAPTER 4 ADMINISTRATION
Clerks
59.Clerk of the Sheriff Appeal Court
60.Deputy Clerks of the Sheriff Appeal Court
61.Clerk and Deputy Clerks: further provision
Records
62.Records of the Sheriff Appeal Court
PART 3 CIVIL PROCEDURE
CHAPTER 1 SHERIFF COURT
Civil jury trials
63.Civil jury trials in an all-Scotland sheriff court
64.Selection of the jury
65.Application to allow the jury to view property
66.Discharge or death of juror during trial
67.Trial to proceed despite objection to opinion and direction of the sheriff
68.Return of verdict
69.Application for new trial
70.Restrictions on granting a new trial
71.Verdict subject to opinion of the Sheriff Appeal Court
Simple procedure
72.Simple procedure
73.Proceedings in an all-Scotland sheriff court
74.Proceedings for aliment of small amounts under simple procedure
75.Rule-making: matters to be taken into consideration
76.Service of documents
77.Evidence in simple procedure cases
78.Transfer of cases to simple procedure
79.Proceedings in an all-Scotland sheriff court: transfer to simple procedure
80.Transfer of cases from simple procedure
81.Expenses in simple procedure cases
82.Appeals from simple procedure cases
83.Transitional provision: summary causes
Interdicts and other orders: effect outside sheriffdom
84.Interdicts having effect in more than one sheriffdom
85.Proceedings for breach of an extended interdict
86.Power to enable sheriff to make orders having effect outside sheriffdom
Execution of deeds relating to heritage
87.Power of sheriff to order sheriff clerk to execute deed relating to heritage
Interim orders
88.Interim orders
CHAPTER 2 COURT OF SESSION
89.Judicial review
90.Interim orders
91.Warrants for ejection
CHAPTER 3 REMIT OF CASES BETWEEN COURTS
92.Remit of cases to the Court of Session
93.Remit of cases from the Court of Session
94.Remit of cases to the Scottish Land Court
CHAPTER 4 LAY REPRESENTATION FOR NON-NATURAL PERSONS
95.Key defined terms
96.Lay representation in simple procedure cases
97.Lay representation in other proceedings
98.Lay representation: supplementary provision
CHAPTER 5 JURY SERVICE
99.Jury service
CHAPTER 6 VEXATIOUS PROCEEDINGS
100.Vexatious litigation orders
101.Vexatious litigation orders: further provision
102.Power to make orders in relation to vexatious behaviour
PART 4 PROCEDURE AND FEES
Procedure
103.Power to regulate procedure etc. in the Court of Session
104.Power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court
Fees of solicitors etc.
105.Power to regulate fees in the Court of Session
106.Power to regulate fees in the sheriff court and the Sheriff Appeal Court
Court fees
107.Power to provide for fees for SCTS, court clerks and other officers
Sanction for counsel
108.Sanction for counsel in the sheriff court and Sheriff Appeal Court
PART 5 CIVIL APPEALS
Appeals to the Sheriff Appeal Court
109.Abolition of appeal from a sheriff to the sheriff principal
110.Appeal from a sheriff to the Sheriff Appeal Court
111.Sheriff Appeal Court’s powers of disposal in appeals
112.Remit of appeal from the Sheriff Appeal Court to the Court of Session
Appeals to the Court of Session
113.Appeal from the Sheriff Appeal Court to the Court of Session
114.Appeal from the sheriff principal to the Court of Session
115.Appeals: granting of leave or permission and assessment of grounds of appeal
Effect of appeal
116.Effect of appeal
Appeals to the Supreme Court
117.Appeals to the Supreme Court
PART 6 CRIMINAL APPEALS
Appeals from summary criminal proceedings
118.Appeals to the Sheriff Appeal Court from summary criminal proceedings
119.Appeals from the Sheriff Appeal Court to the High Court
120.Power to refer points of law for the opinion of the High Court
121.References by the Scottish Criminal Cases Review Commission
Bail appeals
122.Bail appeals
PART 7 JUDGES OF THE COURT OF SESSION
123.Appointment of Court of Session judges, etc.
124.Payment of salaries of Court of Session judges
125.Expenses
PART 8 SCOTTISH LAND COURT
126.Scottish Land Court: remuneration and expenses
PART 9 JUSTICE OF THE PEACE COURTS
127.Establishing, relocating and disestablishing justice of the peace courts
128.Abolition of the office of stipendiary magistrate
129.Summary sheriffs to sit in justice of the peace courts
PART 10 THE SCOTTISH COURTS AND TRIBUNALS SERVICE
130.The Scottish Courts and Tribunals Service
PART 11 THE JUDICIAL APPOINTMENTS BOARD FOR SCOTLAND
131.Assistants to the Judicial Appointments Board for Scotland
PART 12 GENERAL
132.Modifications of enactments
133.Subordinate legislation
134.References to “sheriff”
135.Definition of “family proceedings”
136.Interpretation
137.Ancillary provision
138.Commencement
139.Short title
Schedule 1
Civil proceedings, etc. in relation to which summary sheriff has competence
Schedule 2
Appeal Sheriffs: temporary provision
Schedule 3
Transfer of summary criminal appeal jurisdiction to the Sheriff Appeal Court
Schedule 4
The Scottish Courts and Tribunals Service
Part 1 Conferral of additional functions etc. in relation to tribunals
Part 2 Transitional provision
Part 3 Consequential repeals, etc.
Schedule 5
Modifications of enactments
Part 1 Sheriff courts
Part 2 Sheriff Appeal Court
Part 3 Civil jury trials
Part 4 Simple procedure
Part 5 Judicial review
Part 6 Remit of cases between courts
Part 7 Regulation of procedure and fees
Part 8 Civil appeals
Part 9 Judges of the Court of Session
Part 10 Justice of the Peace courts
Part 11 Miscellaneous