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The Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015

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Scottish Statutory Instruments

2015 No. 247 (C. 35)

Supreme Court Of The United Kingdom

Court Of Session

High Court Of Justiciary

Scottish Land Court

Sheriff Appeal Court

Sheriff Court

Justice Of The Peace Court

The Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015

Made

4th June 2015

Laid before the Scottish Parliament

8th June 2015

Coming into force

22nd September 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 138(2) and (3) of the Courts Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015 and comes into force on 22nd September 2015.

(2) In this Order—

the Act” means the Courts Reform (Scotland) Act 2014;

“the 1971 Act” means the Sheriff Courts (Scotland) Act 1971(2);

“the 1988 Act” means the Court of Session Act 1988(3); and

“summary cause” and related expressions are to be construed in accordance with section 35(1) of the 1971 Act(4).

Appointed day

2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 22nd September 2015.

(2) Where a purpose is specified in column 3 of the table in the Schedule, a provision specified in column 1 of that table comes into force only for that purpose.

Exclusive competence of sheriffs: proceedings raised before 22nd September 2015

3.—(1) Despite the repeal of section 7 of the Sheriff Courts (Scotland) Act 1907(5) (privative jurisdiction in causes under £5,000) by paragraph 4(a) of schedule 5 to the Act, that section continues to apply to proceedings raised before 22nd September 2015.

(2) Accordingly, section 39 of the Act (exclusive competence) does not apply to such proceedings.

(3) Despite the repeal of section 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (remit from Court of Session to sheriff) by paragraph 25 of schedule 5 to the Act, that section continues to apply to proceedings raised before 22nd September 2015.

(4) Accordingly, section 93 of the Act (remit of cases from the Court of Session) does not apply to such proceedings.

Judicial review: time limits

4.—(1) Paragraph (2) applies where the grounds giving rise to an application to the supervisory jurisdiction of the Court of Session first arose before 22nd September 2015.

(2) Section 27A of the 1988 Act(6) (time limits) has effect as if the reference to the date on which the grounds giving rise to the application to the supervisory jurisdiction of the Court of Session first arise were a reference to 22nd September 2015.

Appeals to the Supreme Court where judgment of Inner House pronounced before 22nd September 2015

5.—(1) Despite the repeal of section 24 of the 1988 Act (exchequer appeals to the Supreme Court) by paragraph 32(2) of schedule 5 to the Act, that section continues to apply to exchequer appeals against judgments of the Inner House of the Court of Session pronounced before 22nd September 2015.

(2) Despite the substitution of section 40 of the 1988 Act (other appeals to the Supreme Court) by section 117 of the Act, section 40 of the 1988 Act continues to apply to appeals against judgments of the Inner House of the Court of Session pronounced before 22nd September 2015 as if it had not been substituted by section 117 of the Act.

(3) Accordingly, in relation to appeals falling within paragraph (1) or (2) section 40A of the 1988 Act (permission to appeal)(7) does not apply.

Appeals from summary criminal proceedings made before 22nd September 2015

6.—(1) Section 118 of the Act (appeals from summary criminal proceedings) does not apply to appeals from summary criminal proceedings made to the High Court of Justiciary before 22nd September 2015.

(2) Accordingly, the amendments made to the Criminal Procedure (Scotland) Act 1995(8) by section 118(3) of, and schedule 3 to, the Act do not apply in relation to such appeals.

Bail appeals made before 22nd September 2015

7.  The amendments made to the Criminal Procedure (Scotland) Act 1995 by section 122 of the Act (bail appeals) do not apply to bail appeals made to the High Court of Justiciary before 22nd September 2015.

All-Scotland sheriff court: references to the Sheriff Appeal Court

8.—(1) Paragraphs (2) and (3) have effect until the day on which section 47 (jurisdiction and competence of the Sheriff Appeal Court) comes into force for the purposes of that Court’s civil competence and jurisdiction.

(2) Sections 69 to 71 of the Act (appeals from civil jury trials) have effect as if references to the Sheriff Appeal Court were references to the Inner House of the Court of Session.

(3) Sections 69 and 70 of the Act have effect as if references to an Appeal Sheriff were references to a Senator of the College of Justice.

Proceedings in an all-Scotland sheriff court.

9.—(1) Section 35(1) of the 1971 Act (summary causes), so far as requiring any relevant proceedings to be brought as a summary cause, does not apply to any such proceedings in an all-Scotland sheriff court, and no such proceedings may be brought or continued in such a court as a summary cause.

(2) Paragraph (1) does not affect the application of section 35(1) of the 1971 Act in relation to any relevant proceedings brought in any other sheriff court.

(3) In this article, “relevant proceedings” means proceedings of a type mentioned in section 35(1)(a) of the 1971 Act so far as they are also of a type specified in an order under section 41(1) (power to confer all-Scotland jurisdiction for specified cases) of the Act.

Proceedings in an all-Scotland sheriff court: transfer to summary cause procedure

10.—(1) Paragraphs (2) and (3) apply until the day on which section 72(3) of the Act (proceedings subject only to simple procedure) comes into force.

(2) Section 79(2) and (3) of the Act (proceedings in an all-Scotland sheriff court: transfer to simple procedure) has effect as if references to proceedings continuing subject to simple procedure in another sheriff court were references to proceedings continuing as a summary cause in another sheriff court.

(3) Section 79(4) of the Act has effect as if the reference to a direction made under section 78(3) of the Act were a reference to a direction made under section 37(1) of the 1971 Act.

Remit of cases other than summary causes to the Court of Session

11.—(1) Paragraph (2) applies until the day on which section 72(3) of the Act comes into force.

(2) Section 92(1)(c) and (3)(c) of the Act (remit of cases to the Court of Session) has effect as if references to civil proceedings before a sheriff not being subject to simple procedure were references to civil proceedings before a sheriff not being summary causes.

Summary sheriff to have competence in relation to summary causes

12.—(1) Paragraph (2) applies until the day on which section 72(3) of the Act comes into force.

(2) Paragraph 12 of schedule 1 to the Act (civil proceedings, etc. in relation to which summary sheriff has competence) has effect as if the reference to a simple procedure case within the meaning of section 72(9) of the Act were a reference to a summary cause.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

4th June 2015

Article 2

SCHEDULEProvisions of the Act coming into force on 22nd September 2015

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

(1)

Section 89 of the Act inserts sections 27A to 27D into the 1988 Act. Section 27B is amended by article 6 of the Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700).

(2)

Sections 2(3) and 3(4) were repealed by article 2(3) of S.I. 2015/700.

Section 5Summary sheriffsFor all remaining purposes
Section 10Part-time summary sheriffsFor all remaining purposes
Section 39Exclusive competenceFor all remaining purposes
Sections 44 and 45Summary sheriff: civil and criminal competence and jurisdiction
Section 46The Sheriff Appeal CourtFor all remaining purposes
Sections 47 and 48Sheriff Appeal Court – appeals and status of decisions in precedentFor the purposes of the Sheriff Appeal Court’s criminal competence and jurisdiction
Section 57(1) and (2)Sittings of the Sheriff Appeal Court
Section 58Rehearing of pending case by a larger Sheriff Appeal Court
Sections 63 to 71Civil jury trials in an all-Scotland sheriff court
Section 79Proceedings in an all-Scotland sheriff court: transfer to simple procedure
Section 89Judicial review(1)
Sections 92 to 94Remit of cases to and from Court of Session, or to the Scottish Land Court
Section 99Jury service
Section 108Sanction for counsel in the sheriff court and Sheriff Appeal Court
Section 117Appeals to the Supreme Court
Section 118Appeals to the Sheriff Appeal Court from summary criminal proceedings
Section 119Appeals from the Sheriff Appeal Court to the High CourtFor all remaining purposes
Section 120Power to refer points of law for the opinion of the High Court
Section 121References by the Scottish Criminal Cases Review Commission
Section 122Bail appeals
Section 132Modification of enactmentsFor the purpose of bringing into force the provisions of schedule 5 listed in column 1 below
Schedule 1Civil proceedings, etc. in relation to which summary sheriff has competence
Schedule 2Appeal Sheriffs: temporary provisionFor all remaining purposes
Paragraphs 1 to 9, 10(1) to (3), (6) and (7), 11 to 21, 23, 24 and 26 of schedule 3Transfer of summary criminal appeal jurisdiction to the Sheriff Appeal Court
The following provisions of schedule 5—Modifications of enactments
Paragraph 4(a)Repeal of sections 4 to 7 of the Sheriff Courts (Scotland) Act 1907For the purpose of repealing section 7 of the Sheriff Courts (Scotland) Act 1907
Paragraph 6(1) and (2)Repeal of the 1971 Act, other than sections 2(3) and 3(4)(2)For the purpose of repealing—
(a)

section 31 (privative jurisdiction); and

(b)

section 37(1)(b), (2A) and (2D) (remits to the Court of Session and the Scottish Land Court).

Paragraph 8Amendment of the Judicial Pensions and Retirement Act 1993
Paragraph 14(1) to (3)Amendment of the Legal Aid (Scotland) Act 1986
Paragraph 15Amendment of the Criminal Procedure (Scotland) Act 1995
Paragraph 19Amendment of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
Paragraph 24Amendment of the Tribunals (Scotland) Act 2014
Paragraph 25Repeal of section 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
Paragraph 32(1), (2) and (4)Amendment of the 1988 Act
Paragraph 33Repeal of section 40(3) of the Constitutional Reform Act 2005

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Courts Reform (Scotland) Act 2014 (“the Act”). The provisions specified in column 1 of the table in the schedule to the Order come into force on 22nd September 2015. The subject matter of these provisions is set out in column 2 of the table, and where provisions are brought into force only for a limited purpose, this purpose is given in column 3.

Articles 3 to 13 contain transitional and saving provisions.

Article 3 provides for the transition from a sheriff’s privative jurisdiction of £5,000 under section 7 of the Sheriff Courts (Scotland) Act 1907 (“the 1907 Act”) to the exclusive competence of £100,000 under section 39 of the Act.

Article 4 provides that where the date on which the grounds giving rise to an application for judicial review arose before 22nd September 2015, they are regarded as having arisen on 22nd September so that the applicant has 3 months to make an application from that date.

Article 5 saves the existing appeal provisions in sections 24 and 40 of the Court of Session Act 1988 (“the 1988 Act”) for any appeal against judgments of the Inner House of the Court of Session that were pronounced before 22nd September 2015.

Articles 6 and 7 provide for the transition from summary criminal appeals and bail appeals (including in solemn proceedings) from sheriffs or JP courts being directed to the Sheriff Appeal Court in place of the High Court of Justiciary.

Article 8 provides for appeal routes from an all-Scotland sheriff court pending the Sheriff Appeal Court having its civil competence and jurisdiction. The All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 (S.S.I. 2015/213) establishes an all-Scotland sheriff court known as the Sheriff Personal Injury Court.

Articles 9 to 12 modify references to simple procedure to reflect that summary cause procedure will continue to be in place for the time being.

The Act received Royal Assent on 10th November 2014. Sections 133, 134(1) and (3) and 135 to 139 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.S.I. No.
Sections 1 to 41st April 20152015/77 (C. 17)
Section 5 (partially)1st April 20152015/77 (C. 17)
Sections 6 to 91st April 20152015/77 (C. 17)
Section 10 (partially)1st April 20152015/77 (C. 17)
Sections 11 to 151st April 20152015/77 (C. 17)
Section 16(1) to (11)1st April 20152015/77 (C. 17)
Sections 17 to 221st April 20152015/77 (C. 17)
Section 23(5)12th March 20152015/77 (C. 17)
Section 23 (for all remaining purposes)1st April 20152015/77 (C. 17)
Sections 24 and 251st April 20152015/77 (C. 17)
Sections 27 to 381st April 20152015/77 (C. 17)
Section 39 (partially)1st April 20152015/77 (C. 17)
Sections 40 to 431st April 20152015/77 (C. 17)
Section 46 (partially)1st April 20152015/77 (C. 17)
Sections 49 to 561st April 20152015/77 (C. 17)
Section 57(3) to (5)1st April 20152015/77 (C. 17)
Sections 59 to 621st April 20152015/77 (C. 17)
Section 72 (partially)1st April 20152015/77 (C. 17)
Sections 75 and 761st April 20152015/77 (C. 17)
Section 81 (partially)1st April 20152015/77 (C. 17)
Section 86 (partially)1st April 20152015/77 (C. 17)
Sections 87 and 881st April 20152015/77 (C. 17)
Sections 90 and 911st April 20152015/77 (C. 17)
Section 981st April 20152015/77 (C. 17)
Section 102 (partially)1st April 20152015/77 (C. 17)
Sections 103 to 1071st April 20152015/77 (C. 17)
Section 1151st April 20152015/77 (C. 17)
Section 119 (partially)1st April 20152015/77 (C. 17)
Section 1231st April 20152015/77 (C. 17)
Section 1251st April 20152015/77 (C. 17)
Section 1271st April 20152015/77 (C. 17)
Section 130 and paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 (partially)2nd February 20152015/12 (C. 2)
Section 130 and schedule 4 (for all remaining purposes)1st April 20152015/77 (C. 17)
Section 1311st April 20152015/77 (C. 17)
Section 132 (for the purpose of bringing into force the provisions of schedule 5 listed below)1st April 20152015/77 (C. 17)
Section 134(2)1st April 20152015/77 (C. 17)
Schedule 2 (partially)1st April 20152015/77 (C. 17)
The following provisions of schedule 5—
Paragraphs 1 to 31st April 20152015/77 (C. 17)
Paragraph 4(a) (partially)1st April 20152015/77 (C. 17)
Paragraphs 4(b) and (c)1st April 20152015/77 (C. 17)
Paragraph 4(f) (partially)1st April 20152015/77 (C. 17)
Paragraph 51st April 20152015/77 (C. 17)
Paragraph 6(1) and (2) (partially)1st April 20152015/77 (C. 17)
Paragraph 71st April 20152015/77 (C. 17)
Paragraphs 9 to 111st April 20152015/77 (C. 17)
Paragraph 12(1) and (4)1st April 20152015/77 (C. 17)
Paragraph 161st April 20152015/77 (C. 17)
Paragraph 181st April 20152015/77 (C. 17)
Paragraph 261st April 20152015/77 (C. 17)
Paragraphs 28 to 311st April 20152015/77 (C. 17)
Paragraph 341st April 20152015/77 (C. 17)
Paragraphs 36 to 381st April 20152015/77 (C. 17)
Paragraphs 42 to 451st April 20152015/77 (C. 17)
(4)

Section 35 of the 1971 Act has been amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) and S.S.I. 2007/507. Section 35 is to be repealed by paragraph 6(2) of schedule 5 to the Act.

(5)

1907 c.51 Section 7 of the Sheriff Courts (Scotland) Act 1907 has been amended by the Sheriff Courts (Scotland) Act 1913 (c.28), the 1971 Act and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55).

(6)

Section 27A of the 1988 Act is inserted by section 89 of the Act.

(7)

Section 40A of the 1988 Act is inserted by section 117 of the Act.

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