- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 No. 88
(This note is not part of the Order)
This Order specifies the Scottish Land Court as falling within the definition of “the Scottish courts” in section 2(6) of the Judiciary and Courts (Scotland Act 2008 (“the 2008 Act”). It also specifies the offices of member and Deputy Chairman of the Scottish Land Court for the purposes of section 43(2) of that Act (meaning of “judicial office holder”).
By virtue of section 2(2) of the 2008 Act the Lord President of the Court of Session as Head of the Scottish Judiciary has responsibility, amongst other things, for securing the efficient disposal of business in “the Scottish courts” and for making arrangements for the welfare, training and guidance of “judicial office holders”. By virtue of section 61 of the 2008 Act, the Scottish Courts and Tribunals Service (“the SCTS”) has the function of providing, or ensuring the provision of, the property, services, officers and other staff required for the purposes of “the Scottish courts”.
Article 2 specifies the Scottish Land Court as one of the Scottish Courts for the purposes of section 2(6)(h) of the 2008 Act.
Article 3 specifies the offices of member of the Scottish Land Court and Deputy Chairman of the Scottish Land Court as judicial offices within the meaning of section 43(2) of the 2008 Act. The holders of these offices thus become “judicial office holders” to which Part 2 of that Act applies.
Article 4 amends schedule 1 of the Scottish Land Court Act 1993 in consequence of article 2.
Article 5 gives effect to the schedule, which provides the staff of the Scottish Ministers employed in the Scottish Land Court to become members of the staff of the SCTS.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: