Explanatory Notes

Courts Reform (Scotland) Act 2014

2014 asp 18

10 November 2014

The Act

Schedule 5 – Modifications of enactments

Part 7 – Regulation of procedure and fees

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

323.This paragraph repeals section 2 of the Court of Law Fees (Scotland) Act 1895 in consequence of the new power at section 107.

Paragraph 27 - Vexatious Actions (Scotland) Act 1898

324.This paragraph repeals the Vexatious Actions (Scotland) Act 1898. This subject is now dealt with by Part 3 Chapter 6 of the Act.

Paragraph 28 - Execution of Diligence (Scotland) Act 1926

325.This paragraph repeals section 6 (regulations, forms and fees) of the Execution of Diligence (Scotland) Act 1926.

Paragraph 29- Administration of Justice (Scotland) Act 1972

326.As a consequence of the repeal of the Sheriff Courts (Scotland) Act 1971, this paragraph amends a reference in the Administration of Justice (Scotland) Act 1972 to refer to the new provision made by section 104 of the Act.

Paragraph 30 – Court of Session Act 1988

327.This paragraph repeals the court rule making powers of the Court of Session in sections 5, 5A, and 6 of the Court of Session Act 1988 and makes consequential amendment to that Act, ensuring that relevant provisions cross refer to the new rule making powers set out in section 103(1) of the Act.

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

328.This paragraph amends the powers of Scottish Civil Justice Council to put beyond doubt their role in being able to propose rules of court relating to the setting of fees.