Search Legislation

The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (Commencement No. 1, Transitional and Transitory Provisions) Order 2013

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2013 No. 124 (C. 9)

Court Of Session

Sheriff Court

The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (Commencement No. 1, Transitional and Transitory Provisions) Order 2013

Made

16th April 2013

Laid before the Scottish Parliament

17th April 2013

Coming into force

28th May 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by section 25 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (Commencement No. 1, Transitional and Transitory Provisions) Order 2013 and comes into force on 28th May 2013.

(2) In this Order “the Act” means the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013.

Appointed day

2.  28th May 2013 is the day appointed for the coming into force of Part 1 of the Act.

Transitional and transitory provisions

3.—(1) The first annual report required under section 5(2) of the Act is to be prepared after the end of the period beginning on 28th May 2013 and ending on 31st March 2014.

(2) In relation to a particular act of sederunt, compliance prior to 28th May 2013 by the Court of Session with section 32(3) of the Sheriff Courts (Scotland) Act 1971(2), where that act of sederunt is made on or after 28th May 2013, is to be treated as compliance with that section as amended by the Act.

(3) In relation to a particular act of sederunt, compliance prior to 28th May 2013 by the Court of Session with section 38(3) of the Legal Aid (Scotland) 1986(3), where that act of sederunt is made on or after 28th May 2013, is to be treated as compliance with that section as amended by the Act.

KENNY MACASKILL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

16th April 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings Part 1 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3) (the “2013 Act”) into force on 28th May 2013, establishing the Scottish Civil Justice Council (“SCJC”) and dissolving the Sheriff Court Rules Council and the Court of Session Rules Council.

Article 3 makes transitional and transitory provisions.

Paragraph (1) requires the SCJC’s first report on its activities to cover the period 28th May 2013 until 31st March 2014.

Paragraphs (2) and (3) provide that where the Court of Session has, prior to the coming into force of the 2013 Act, fulfilled its statutory obligation to consult with a rules Council about a particular act of sederunt, then such consultation will be taken to have fulfilled its new obligation to consult the SCJC with respect to that act of sederunt, should the Court only make that act after Part 1 of the 2013 Act comes into force.

The Bill for the Act received Royal Assent on 5th March 2013. Sections 24 to 26 came into force on the following day.

(1)

2013 asp 3 (the “2013 Act”).

(2)

1971 c.58; section 32(3) has been amended by the 2013 Act, section 15(2).

(3)

1986 c.47; section 38(3) has been amended by the 2013 Act, section 15(1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the 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 Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources