Article 2
SCHEDULEProvisions of the Act coming into force on 1st April 2015
This schedule has no associated Policy Notes
Column 1 Provisions of the Act | Column 2 Subject Matter | Column 3 Purpose |
|---|---|---|
(1) Section 130 was brought into force for limited purposes by S.S.I. 2015/12 (C. 2). | ||
(2) Paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 were brought into force for limited purposes by S.S.I. 2015/12 (C. 2). | ||
(3) Sections 2(3) and 3(4) are repealed by the Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700). | ||
| Sections 1 and 2 | Sheriffdoms, sheriff court districts and sheriff courts | |
| Sections 3 and 4 | Sheriffs principal and sheriffs | |
| Section 5 | Summary sheriffs | For the purpose of making appointments |
| Sections 6 to 9 | Judiciary of the sheriffdoms | |
| Section 10 | Part-time summary sheriffs | For the purpose of making appointments |
| Sections 11 to 15 | Judiciary of the sheriffdoms | |
| Section 16(1) to (11) | Remuneration | |
| Sections 17 to 22 | Judiciary of the sheriffdoms | |
| Section 23 | Further provision about tribunals constituted under section 21 | For all remaining purposes |
| Sections 24 and 25 | Tribunal report and removal from office | |
| Sections 27 to 37 | Organisation of business | |
| Section 38 | Jurisdiction and competence of sheriffs | |
| Section 39 | Power to make act of sederunt for determining the value of an order etc. | For the purpose of making provision by act of sederunt |
| Sections 40 to 43 | Jurisdiction and competence of sheriffs | |
| Section 46 | The Sheriff Appeal Court | For the purpose of enabling appointments under sections 49 to 51, 53, 54, 59 and 60 |
| Sections 49 to 53 | Sheriff Appeal Court – appointments etc. | |
| Section 54 to 56 | President and Vice President of the Sheriff Appeal Court etc. | |
| Section 57(3) to (5) | Power to prescribe sittings of the Sheriff Appeal Court | |
| Sections 59 to 61 | Clerk and Deputy Clerks of the Sheriff Appeal Court | |
| Section 62 | Records of the Sheriff Appeal Court | |
| Section 72 | Power to make provision by act of sederunt in relation to simple procedure | For the purpose of making provision by act of sederunt |
| Section 75 | Rule-making: matters to be taken into consideration | |
| Section 76 | Rules relating to service of documents | |
| Section 81 | Expenses in simple procedure cases | For the purpose of enabling an order to be made |
| Section 86 | Power to enable sheriff to make orders having effect outside sheriffdom | For the purpose of enabling an order to be made by the Scottish Ministers |
| Section 87 | Power of sheriff to order sheriff clerk to execute deed relating to heritage | |
| Section 88 | Interim orders | |
| Section 90 | Interim orders | |
| Section 91 | Warrants for ejection | |
| Section 98 | Power to make supplementary provision about lay representation for non-natural persons | |
| Section 102 | Power to make orders in relation to vexatious behaviour | For the purpose of enabling regulations to be made |
| Sections 103 to 107 | Procedure and fees | |
| Section 115 | Appeals: granting of leave or permission and assessment of grounds of appeal | |
| Section 119 | Appeals from the Sheriff Appeal Court to the High Court | For the purpose of enabling the making of an act of adjournal in reliance upon inserted section 194ZF(1)(c)(ii) of the Criminal Procedure (Scotland) Act 1995 |
| Section 123 | Appointment of Court of Session Judges etc. | |
| Section 125 | Judges of the Court of Session - expenses | |
| Section 127 | Establishing, relocating and disestablishing justice of the peace courts | |
| Section 130 | The Scottish Courts and Tribunal Service | For all remaining purposes(1) |
| Section 131 | Assistants to the Judicial Appointments Board for Scotland | |
| Section 132 | Modification of enactments | For the purpose of bringing into force the provisions of schedule 5 listed in column 1 below |
| Section 134(2) | References to “sheriff” | |
| Schedule 2 | Appeal Sheriffs: temporary provision | For the purpose of enabling appointments to be made under paragraph 2(1) of schedule 2 |
| Schedule 4 | The Scottish Courts and Tribunals Service | For all remaining purposes(2) |
| The following provisions of schedule 5— | Modifications of enactments | |
| Paragraphs 1 to 3 | Sheriff courts | |
| Paragraph 4(a) | Repeal of sections 4 to 7 of the Sheriff Courts (Scotland) Act 1907 | For the purpose of repealing sections 4 to 6 of the Sheriff Courts (Scotland) Act 1907 |
| Paragraph 4(b) and (c) | Repeal of sections 10, 11 and 14 of the Sheriff Courts (Scotland) Act 1907 | |
| Paragraph 4(f) | Repeal of sections 39 and 40 of the Sheriff Courts (Scotland) Act 1907 | For the purpose of repealing section 40 of the Sheriff Courts (Scotland) Act 1907 |
| Paragraph 5 | Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927 | |
| Paragraph 6(1) and (2) | Repeal of the Sheriff Courts (Scotland) Act 1971, other than sections 2(3) and 3(4)(3) | For the purpose of repealing the whole of the Sheriff Courts (Scotland) Act 1971, with the exception of— |
(a) section 31 (privative jurisdiction); (b) section 35 (summary causes); (c) section 36(2) and (3) (procedure in summary causes); (d) sections 36A and 36B (small claims); (e) section 37 (remits); (f) section 38 (appeal in summary causes); (g) section 45 (interpretation). | ||
| Paragraph 7 | Amendment of the Civil Jurisdiction and Judgments Act 1982 | |
| Paragraph 9 | Amendment of the Judiciary and Courts (Scotland) Act 2008 | |
| Paragraph 10 | Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927 | |
| Paragraph 11 | Amendment of the Public Records (Scotland) Act 1937 | |
| Paragraph 12(1) and (4) | Amendment of the Administration of Justice (Scotland) Act 1972 | |
| Paragraph 16 | Amendment of the Judiciary and Courts (Scotland) Act 2008 | |
| Paragraph 18 | Amendment of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 | |
| Paragraph 26 | Repeal of section 2 of the Court of Law Fees (Scotland) Act 1895 | |
| Paragraphs 28 to 31 | Regulation of procedure and fees | |
| Paragraph 34 | Amendment of the Promissory Oaths Act 1868 | |
| Paragraphs 36 to 38 | Judges of the Court of Session | |
| Paragraphs 42 to 45 | Miscellaneous | |