Courts Reform (Scotland) Act 2014 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. The Act

  3. The Act

    1. Part 1 - Sheriff Courts

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

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

        2. Section 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. Section 3 – Sheriffs principal

          2. Section 4 – Sheriffs

          3. Section 5 – Summary sheriffs

        2. Temporary and part-time judiciary

          1. Section 6 – Temporary sheriff principal

          2. Section 7 – Temporary sheriff principal: further provision

          3. Section 8 – Part-time sheriffs

          4. Section 9 – Reappointment of part-time sheriffs

          5. Section 10 – Part-time summary sheriffs

          6. Section 11 – Reappointment of part-time summary sheriffs

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

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

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

        4. Qualification and disqualification

          1. Section 14 – Qualification for appointment

          2. Section 15 – Disqualification from practice, etc.

        5. Remuneration and expenses

          1. Section 16 – Remuneration

          2. Section 17 – Expenses

        6. Leave of absence

          1. Section 18 – Leave of absence

        7. Residence

          1. Section 19 – Place of residence

        8. Cessation of appointment

          1. Section 20 – Cessation of appointment of judicial officers

        9. Fitness for office

          1. Section 21 – Tribunal to consider fitness for office

          2. Section 22 – Tribunal investigations: suspension from office

          3. Section 23 – Further provision about tribunals

          4. Section 24 – Tribunal report

          5. Section 25 – Removal from office

          6. Section 26 – Abolition of the office of honorary sheriff

      3. Chapter 3 — Organisation of business

        1. Sheriff principal’s general responsibilities

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

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

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

        2. Deployment of judiciary

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

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

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

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

        3. Judicial specialisation

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

          2. Section 35 – Designation of specialist judiciary

          3. Section 36 – Allocation of business to specialist judiciary

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

      4. Chapter 4 - Competence and jurisdiction

        1. Sheriffs: civil competence and jurisdiction

          1. Section 38 – Jurisdiction and competence of sheriffs

          2. Section 39 – Exclusive competence

          3. Section 40 – Territorial jurisdiction

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

          5. Section 42 – All-Scotland jurisdiction: further provision

          6. Section 43 – Jurisdiction over persons etc

        2. Summary sheriffs: civil and criminal competence and jurisdiction

          1. Section 44 – Summary sheriff: civil competence and jurisdiction

          2. Section 45 – Summary sheriff: criminal competence and jurisdiction

    2. Part 2 - Sheriff Appeal Court

      1. Chapter 1 - Establishment and role

        1. Section 46 – The Sheriff Appeal Court

        2. Section 47 – Jurisdiction and competence

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

      2. Chapter 2 – Appeal sheriffs

        1. Section 49 – Sheriffs principal to be Appeal Sheriffs

        2. Section 50 – Appointment of sheriffs as Appeal Sheriffs

        3. Section 51 – Re-employment of former Appeal Sheriffs

        4. Section 52 – Expenses

        5. Section 53 – Temporary provision

      3. Chapter 3 - Organisation of business

        1. President and Vice President

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

            Section 55 – President and Vice President: incapacity and suspension

        2. Disposal of business

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

        3. Sittings

          1. Section 57 – Sittings of the Sheriff Appeal Court

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

      4. Chapter 4 – Administration

        1. Clerks

          1. Section 59 – Clerk of the Sheriff Appeal Court

            Section 60 – Deputy Clerks of the Sheriff Appeal Court

            Section 61 – Clerk and Deputy Clerks: further provision

        2. Records

          1. Section 62 – Records of the Sheriff Appeal Court

    3. Part 3 – Civil Procedure

      1. Chapter 1 – Sheriff court

        1. Civil jury trials

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

          2. Section 64 – Selection of the jury

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

          4. Section 66 – Discharge or death of juror during trial

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

          6. Section 68 – Return of verdict

          7. Section 69 – Application for new trial

          8. Section 70 – Restrictions on granting a new trial

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

        2. Simple procedure

          1. Section 72 – Simple procedure

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

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

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

          5. Section 76 – Service of documents

          6. Section 77 – Evidence in simple procedure cases

          7. Section 78 – Transfer of cases to simple procedure

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

          9. Section 80 – Transfer of cases from simple procedure

          10. Section 81 – Expenses in simple procedure cases

          11. Section 82 – Appeals from simple procedure cases

          12. Section 83 – Transitional provision: summary causes

        3. Interdicts and other orders: effect outside sheriffdom

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

            Section 85 – Proceedings for breach of an extended interdict

          2. Section 86 – Power to enable sheriff to make orders having effect outside sheriffdom

        4. Execution of deeds relating to heritage

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

        5. Interim orders

          1. Section 88 – Interim orders

      2. Chapter 2 – Court of Session

        1. Section 89 – Judicial review

        2. Section 90 – Interim orders

        3. Section 91 – Warrants for ejection

      3. Chapter 3 - Remit of cases between courts

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

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

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

      4. Chapter 4 – Lay representation for non-natural persons

        1. Section 95 – Key defined terms

        2. Section 96 - Lay representation in simple procedure cases

        3. Section 97 – Lay representation in other proceedings

        4. Section 98 – Lay representation: supplementary provision

      5. Chapter 5 – Jury service

        1. Section 99 – Jury service

      6. Chapter 6 – Vexatious proceedings

        1. Section 100 – Vexatious litigation orders

          Section 101 – Vexatious litigation orders: further provision

        2. Section 102 – Power to make orders in relation to vexatious behaviour

    4. Part 4 – Procedure and Fees

      1. Procedure

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

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

      2. Fees of solicitors etc.

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

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

      3. Court fees

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

        2. Section 108 – Sanction for counsel in the sheriff court and the Sheriff Appeal Court

    5. Part 5 – Civil Appeals

      1. Appeals to the Sheriff Appeal Court

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

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

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

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

      2. Appeals to the Court of Session

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

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

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

        4. Section 116 – Effect of appeal

        5. Section 117 – Appeals to the Supreme Court

    6. Part 6 – Criminal Appeals

      1. Appeals from summary criminal proceedings

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

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

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

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

      2. Bail appeals

        1. Section 122 - Bail appeals

    7. Part 7 – Judges of the Court of Session

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

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

      3. Section 125 – Expenses

    8. Part 8 – Scottish Land Court

      1. Section 126 – Scottish Land Court: remuneration and expenses

    9. Part 9 – Justice of the Peace Courts

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

      2. Section 128– Abolition of the office of stipendiary magistrate

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

    10. Part 10 – the Scottish Courts and Tribunals Service

      1. Section 130 – The Scottish Courts and Tribunals Service

    11. Part 11 – the Judicial Appointments Board for Scotland

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

    12. Part 12 – General

      1. Section 132 – Modifications of enactments

      2. Section 133 – Subordinate legislation

      3. Section 134 – References to sheriff

      4. Section 135 – Definition of family proceedings

      5. Section 136 – Interpretation

      6. Section 137 – Ancillary provision

      7. Section 138 – Commencement

      8. Section 139 – Short title

    13. Schedule 1 – Civil proceedings, etc. in relation to which summary sheriff has competence

    14. Schedule 2 – Appeal Sheriffs: temporary provision

    15. Schedule 3 – Transfer of summary criminal appeal jurisdiction to the Sheriff Appeal Court: Modification of 1995 Act

    16. 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 repeal, etc

        1. Paragraph 4 - Lands Tribunal Act 1949

        2. Paragraph 5 – Mental Health (Care and Treatment) (Scotland) Act 2003

        3. Paragraph 6 – Education (Additional Support for Learning) (Scotland) Act 2004

        4. Paragraph 7 – Tribunals (Scotland) Act 2014

        5. Paragraph 9 - Revenue Scotland and Tax Powers Act 2014

    17. Schedule 5 – Modifications of enactments

      1. Sheriff

        1. Paragraph 1 – Promissory Oaths Act 1868

        2. Paragraph 2 – Promissory Oaths Act 1871

        3. Paragraph 3 – Sheriff Courts (Scotland) Act 1876

        4. Paragraph 4 – Sheriff Courts (Scotland) Act 1907

        5. Paragraph 5 – Sheriff Courts and Legal Officers (Scotland) Act 1927

        6. Paragraph 6 – Sheriff Courts (Scotland) Act 1971

        7. Paragraph 7 – Civil Jurisdiction and Judgments Act 1982

        8. Paragraph 8 – Judicial Pensions and Retirement Act 1993

        9. Paragraph 9 – Judiciary and Courts (Scotland) Act 2008

      2. Part 2 – Sheriff Appeal Court

        1. Paragraph 10 – Sheriff Courts and Legal Officers (Scotland) Act 1927

        2. Paragraph 11 – Public Records (Scotland) Act 1937

        3. Paragraph 12 – Administration of Justice (Scotland) Act 1972

        4. Paragraph 13 – Civil Jurisdiction and Judgments Act 1982

        5. Paragraph 14 – Legal Aid (Scotland) Act 1986

        6. Paragraph 15 – Criminal Procedure (Scotland) Act 1995

        7. Paragraph 16 – Judiciary and Courts (Scotland) Act 2008

        8. Paragraph 17 – Criminal Justice and Licensing (Scotland) Act 2010

        9. Paragraph 18 – Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

      3. Part 3 – Civil jury trials

        1. Paragraph 19 – Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

      4. Part 4 – Simple procedure

        1. Paragraph 20 – Heritable Securities (Scotland) Act 1894

        2. Paragraph 21 – Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963

        3. Paragraph 22 – Conveyancing and Feudal Reform (Scotland) Act 1970

        4. Paragraph 23 – Legal Aid (Scotland) Act 1986

      5. Part 5 – Judicial review

        1. Paragraph 24 – Tribunals (Scotland) Act 2014

      6. Part 6 – Remit of cases between courts

        1. Paragraph 25 - Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

      7. Part 7 – Regulation of procedure and fees

        1. Paragraph 26 – Courts of Law Fees (Scotland) Act 1895

        2. Paragraph 27 - Vexatious Actions (Scotland) Act 1898

        3. Paragraph 28 - Execution of Diligence (Scotland) Act 1926

        4. Paragraph 29- Administration of Justice (Scotland) Act 1972

        5. Paragraph 30 – Court of Session Act 1988

        6. Paragraph 31 – Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

      8. Part 8 – Civil appeals

        1. Paragraph 32 - Court of Session Act 1988

        2. Paragraph 33 – Constitutional Reform Act 2005

      9. Part 9 – Judges of the Court of Session

        1. Paragraph 34 – Promissory Oaths Act 1868

        2. Paragraph 35 - Administration of Justice Act 1973

        3. Paragraph 36 – Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

          Paragraph 37 – Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

        4. Paragraph 38 – Judiciary and Courts (Scotland) Act 2008

      10. Part 10 – Justice of the Peace Courts

        1. Paragraph 39 - Criminal Procedure (Scotland) Act 1995

        2. Paragraph 40 - Criminal Proceedings etc. (Reform) (Scotland) Act 2007

        3. Paragraph 41 - Judiciary and Courts (Scotland) Act 2008

      11. Part 11 – Miscellaneous

        1. Paragraph 42 – Judicial Offices (Salaries, &c.) Act 1952

        2. Paragraph 43 – Court of Session Act 1988

        3. Paragraph 44 – Criminal Procedure (Scotland) Act 1995

        4. Paragraph 45 – Interpretation and Legislative Reform (Scotland) Act 2010

  4. Parliamentary History

  • Explanatory Notes Table of contents

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