Search Legislation

The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015

What Version

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

Status:

This is the original version (as it was originally made).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

Article 4

SCHEDULEModification of enactments

This schedule has no associated Policy Notes

PART 1Modification of primary legislation

Sheriff Courts Consignations (Scotland) Act 1893

1.  After section 2 of the Sheriff Courts Consignations (Scotland) Act 1893(1) (definition), insert—

2A.    Application of this Act to the Sheriff Appeal Court

(1) This Act applies to the Sheriff Appeal Court as it applies to each sheriff court, subject to the following modifications.

(2) References to the sheriff court or to the ordinary sheriff court are to be read as references to the Sheriff Appeal Court.

(3) References to the sheriff principal are to be read as references to the President of the Sheriff Appeal Court.

(4) References to the sheriff clerk or to the sheriff clerk of the sheriffdom are to be read as references to the Clerk of the Sheriff Appeal Court.

(5) Section 3 has effect as if, for the words from “At” to “purpose” there is substituted “All consignations must be entered into a book kept at the office of the Clerk to the Sheriff Appeal Court for that purpose”..

Local Government (Scotland) Act 1973

2.  In section 103J(6) of the Local Government (Scotland) Act 1973(2) (appeals from Accounts Commission for Scotland), for “section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c.51)” substitute “section 114(1) (appeal from the sheriff principal to the Court of Session) of the Courts Reform (Scotland) Act 2014”.

Criminal Procedure (Scotland) Act 1995

3.  In section 44A(6)(c) of the Criminal Procedure (Scotland) Act 1995(3) (appeal against detention in secure accommodation), for “sheriff principal” substitute “Sheriff Appeal Court”.

Ethical Standards in Public Life etc. (Scotland) Act 2000

4.  In section 22(7) of the Ethical Standards in Public Life etc. (Scotland) Act 2000(4) (appeals from Standards Commission for Scotland), for “section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c.51)” substitute “section 114(1) (appeal from the sheriff principal to the Court of Session) of the Courts Reform (Scotland) Act 2014”.

Antisocial Behaviour etc. (Scotland) Act 2004

5.  In section 112(1)(b) of the Antisocial Behaviour etc. (Scotland) Act 2004(5) (conduct of proceedings by reporters), for “a sheriff principal” substitute “the Sheriff Appeal Court”.

Scottish Commission for Human Rights Act 2006

6.  In section 14(9) of the Scottish Commission for Human Rights Act 2006(6) (power to intervene)—

(a)in the definition of “children’s hearing proceedings”, after “otherwise)” insert “or in the Sheriff Appeal Court”; and

(b)in the definition of “court”, after “appeal,” insert “the Sheriff Appeal Court”.

Children’s Hearings (Scotland) Act 2011

7.—(1) The Children’s Hearings (Scotland) Act 2011(7) is amended as follows.

(2) In section 19(1)(a) (rights of audience), for “or the sheriff principal” substitute “, the sheriff principal or the Sheriff Appeal Court”.

(3) In section 162(8)(d) (appeal to sheriff against decision to implement secure accommodation authorisation), for “sheriff principal” substitute “Sheriff Appeal Court”.

PART 2Modification of secondary legislation

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

8.  In regulation 6(1)(a) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003(8) (summary criminal proceedings) omit the words “to the High Court of Justiciary”.

The Children’s Hearings (Scotland) Act 2011 (Rights of Audience of the Principal Reporter) Regulations 2012

9.  In regulation 2 of the Children’s Hearings (Scotland) Act 2011 (Rights of Audience of the Principal Reporter) Regulations 2012(9) (interpretation)—

(a)after “Children’s Hearings (Scotland) Act 2011” omit “and”; and

(b)at the end, insert—

; and

references to the sheriff principal include the Sheriff Appeal Court.

(1)

1893 c.44, as relevantly amended by the Sheriff Courts (Scotland) Act 1971 (c.58).

(2)

1973 c.65. Section 103J was inserted by the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7), section 33(3).

(3)

1995 c.46. Section 44A was inserted by the Children and Young People (Scotland) Act 2014 (asp 8), section 91.

(5)

2004 asp 8. Section 112 was amended by S.S.I. 2013/211, Schedule 1, paragraph 14(2).

(8)

S.S.I. 2003/179; relevant amending instruments are S.S.I. 2006/345 and S.S.I. 2008/251.

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