The Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Amendment Order 2008

Citation and commencement

1.  This Order may be cited as the Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Amendment Order 2008 and comes into force on 2nd June 2008.

Amendments to the Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Order 2008

2.—(1) The Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Order 2008(1) is amended in accordance with this article.

(2) After article 6 insert–

“Transfer of staff

7.   The scheme made (or to be made) by the Scottish Ministers under section 65(2) of the 2007 Act shall contain such information as is sufficient to identify the staff, being staff of the district courts which are disestablished by this Order, to whom the scheme applies.

Transfer of property, rights and liabilities

8.— (1) All of the property, rights and liabilities of the local authority specified in column 1 of Schedule 4 to this Order, in relation to the heritable property specified in column 2 of that Schedule, are transferred to and vest in the Scottish Ministers on the relevant date.

(2) The transfer, by virtue of this article, of any property, rights and liabilities to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to that local authority, so far as it relates to any property, rights and liabilities transferred by virtue of this article, before the relevant date.

(3) Anything (including legal proceedings) which, on the relevant date, is in the process of being done by or in relation to that local authority, so far as it relates to any property, rights and liabilities transferred by virtue of this article, shall be continued by or in relation to the Scottish Ministers.

(4) Anything done (or having effect as if done) by or in relation to that local authority for the purposes of or in connection with any property, rights and liabilities transferred to the Scottish Ministers by virtue of this article shall, if in force on the relevant date, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that date.”.

(3) After Schedule 3 insert–

Article 8

“SCHEDULE 4 TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES

Column 1 (local authority)

Column 2 (heritable property)

Aberdeen City Council

Those subjects extending to 434 square metres or thereby situated on the ground floor annex of the Police Headquarters Building, Queen Street, Aberdeen, AB10 1AQ designated by the Local Authority as the District Court before the making of this order (incorporating the courtroom, JPs room, 2 offices, 2 holding cells, interview room, agents room, 2 witness rooms, 2 plant rooms, toilets, public counter, waiting area, general office, and staff mess room); Together with that area of land associated with the subjects hereinbefore described currently used as 11 car parking spaces.”

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

8th May 2008