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The Justice of the Peace Court (Sheriffdom of Glasgow and Strathkelvin) Order 2008

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Supplemental and transitional provisions in relation to certain sittings of the East Dunbartonshire and South Lanarkshire District Courts

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7.—(1) The provisions of paragraphs (2) to (4) apply in relation to any proceedings which–

(a)were instituted in the District Court of East Dunbartonshire or the District Court of South Lanarkshire;

(b)had they been instituted in the sheriff court would have been instituted in the Sheriff Court of Glasgow and Strathkelvin at Glasgow; and

(c)have not been completed prior to the relevant date.

(2) Those proceedings continue in the JP Court for Glasgow and Strathkelvin as if instituted there.

(3) The cases involved are to be heard and disposed of as if the JP Court for Glasgow and Strathkelvin always had jurisdiction for the proceedings, and any relevant–

(a)verdict, sentence, order or other determination, and

(b)complaint, notice, citation, warrant or other document,

has effect accordingly.

(4) For the purposes of paragraph (2), the clerk of the district court must transfer to the clerk of the JP Court of Glasgow and Strathkelvin such records, productions and other documents relating to the proceedings as are in the district court clerk's possession.

(5) Further, the clerk of the district court must transfer to the clerk of the JP court of Glasgow and Strathkelvin such records, productions and other documents relating to recent proceedings completed in the District Court of East Dunbartonshire at Kirkintilloch or the District Court of South Lanarkshire at Rutherglen as are in the district court clerk's possession.

(6) For the purposes of paragraph (5), proceedings are recent if they were completed not more than 5 years before the relevant date.

(7) The provisions of article 5 apply to–

(a)the Clerk of the District Court of East Dunbartonshire, but only while exercising functions in relation to the operation of that court at Kirkintilloch; and

(b)the Clerk of the District Court of South Lanarkshire, but only while exercising functions in relation to the operation of that court at Rutherglen;

as they apply to the Clerk of the Glasgow District Court, and references in that article to “the Clerk of the Glasgow District Court” shall be read accordingly.

(8) Where paragraph (7) applies, references in article 5 to–

“the clerk of the appointed JP court” shall be read as references to the Clerk of the JP Court for Glasgow and Strathkelvin; and

“the Glasgow District Court” shall be read as references to the District Court of East Dunbartonshire at Kirkintilloch or the District Court of South Lanarkshire at Rutherglen as the case may be.

(9) Article 6 applies to cases in the District Court of East Dunbartonshire at Kirkintilloch or the District Court of South Lanarkshire at Rutherglen as it applies to cases in the Glasgow District Court, and references in that article to the “Glasgow District Court” shall be construed accordingly.

(10) Where paragraph (9) applies, references in article 6 to–

(a)the “Glasgow District Court” shall be read as references to the District Court of East Dunbartonshire or the District Court of South Lanarkshire, as the case may be; and

(b)references to the “appointed JP court” shall be read as references to the JP Court for Glasgow and Strathkelvin.

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