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The Courts Reform (Scotland) Act 2014 (Commencement No. 7, Transitional and Saving Provisions) Order 2016

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Scottish Statutory Instruments

2016 No. 291 (C. 26)

Court Of Session

Sheriff Court

The Courts Reform (Scotland) Act 2014 (Commencement No. 7, Transitional and Saving Provisions) Order 2016

Made

14th September 2016

Laid before the Scottish Parliament

16th September 2016

Coming into force

28th November 2016

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. 7, Transitional and Saving Provisions) Order 2016 and comes into force on 28th November 2016.

(2) In this Order—

“the 1898 Act” means the Vexatious Actions (Scotland) Act 1898(2);

“the 1971 Act” means the Sheriff Courts (Scotland) Act 1971(3);

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

“relevant claim” means—

(a)

a claim raised on or after 28th November 2016 that would be a small claim but for the repeal of sections 35(2) to (4)(4), 36A, 36B(5) and 37(2B) and (2C)(6) and the words “other than a small claim” in section 38(b)(7) of the 1971 Act; or

(b)

a claim which would be such a claim were the figures of £3000 within each of article 2(a) and (b) of the Small Claims (Scotland) Order 1988(8) figures of £5000; and

“small claim” has the meaning it has in section 35(2) of the 1971 Act.

Appointed day

2.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the table in the schedule of this Order (the subject matter of which is specified in column 2 of that table) is 28th November 2016.

(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.

Small claims raised before 28th November 2016

3.—(1) The following provisions apply to small claims raised before 28th November 2016.

(2) Despite the repeal of sections 35(2) to (4), 36A, 36B and 37(2B) and (2C) and the words, “other than a small claim” in section 38(b) of the 1971 Act by paragraph 6(1) and (2) of schedule 5 of the 2014 Act, those sections and the Small Claims (Scotland) Order 1988 continue to apply to such claims.

(3) Despite the repeal of paragraph 3(c) of Part 2 of schedule 2 of the Legal Aid (Scotland) Act 1986 (proceedings in which civil legal aid is not available)(9), that paragraph continues to apply to such claims.

(4) Sections 72, 73, 77, 78, 80, 82 and 96 of the 2014 Act do not apply to such claims.

Savings as regards the Vexatious Actions (Scotland) Act 1898

4.  Despite the repeal of the 1898 Act by paragraph 27 of schedule 5 of the 2014 Act—

(a)the 1898 Act continues to apply to an application made under that Act before 28th November 2016; and

(b)an order under the 1898 Act (including as applied by paragraph (a)) continues to have effect.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th September 2016

Article 2

SCHEDULEProvisions of the 2014 Act coming into force on 28th November 2016

Column 1

Provisions of the 2014 Act

Column 2

Subject Matter

Column 3

Purpose

Section 72Simple procedureFor the purposes of a relevant claim
Section 73Simple procedure: proceedings in an all-Scotland sheriff courtFor the purposes of a relevant claim
Sections 77 and 78Simple procedure: further provisionsFor the purposes of a relevant claim
Sections 80 to 82Simple procedure: further provisionsFor the purposes of a relevant claim
Sections 84 and 85Extended interdicts
Section 86Power to enable sheriff to make orders having effect outside sheriffdomFor all remaining purposes
Section 95Lay representation for non-natural persons: key defined terms
Section 96Lay representation in simple procedure casesFor the purposes of a relevant claim
Section 97Lay representation in other proceedings
Sections 100 and 101Vexatious litigation orders
Section 102Power to make orders in relation to vexatious behaviourFor all remaining purposes
Section 132Modifications of enactmentsFor the purpose of bringing into force the provisions of schedule 5 listed in column 1 below
The following provisions of schedule 5—Modifications of enactments
Paragraph 6(1) and (2)Repeal of the 1971 Act(10)For the purpose of repealing—
(a)

section 35(2) to (4) (small claims);

(b)

section 36A (further provisions as to small claims);

(c)

section 36B (expenses in small claims);

(d)

section 37(2B) and (2C) (remits: small claims); and

(e)

in section 38(b) (appeal in summary causes) the words, “other than a small claim”.

Paragraph 23Amendment of the Legal Aid (Scotland) Act 1986
Paragraph 27Repeal of the 1898 Act

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Courts Reform (Scotland) Act 2014. The provisions specified in column 1 of the table in the schedule of the Order come into force on 28th November 2016. 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.

Amongst other things, simple procedure is commenced as regards “relevant claims” as defined in article 1(2); otherwise summary cause procedure continues to exist.

Article 3 is a transitional provision for small claims raised before 28th November 2016 (all small claims are “relevant claims”).

Articles 4 concerns the transition from the Vexatious Actions (Scotland) Act 1898 to vexatious litigation orders under the 2014 Act.

The Courts Reform (Scotland) Act 2014 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
Section 5 (partially)1st April 20152015/77
Section 5 (for all remaining purposes)22nd September 20152015/247
Sections 6 to 91st April 20152015/77
Section 10 (partially)1st April 20152015/77
Section 10 (for all remaining purposes)22nd September 20152015/247
Sections 11 to 151st April 20152015/77
Section 16(1) to (11)1st April 20152015/77
Section 16(12) and (13)1st April 20162016/13
Sections 17 to 221st April 20152015/77
Section 23(5)12th March 20152015/77
Section 23 (for all remaining purposes)1st April 20152015/77
Sections 24 and 251st April 20152015/77
Sections 27 to 381st April 20152015/77
Section 39 (partially)1st April 20152015/77
Section 39 (for all remaining purposes)22nd September 20152015/247
Sections 40 to 431st April 20152015/77
Sections 44 and 4522nd September 20152015/247
Section 46 (partially)1st April 20152015/77
Section 46 (for all remaining purposes)22nd September 20152015/247
Sections 47 and 48 (partially)22nd September 20152015/247
Sections 47 and 48 (for all remaining purposes)1st January 20162015/378
Sections 49 to 561st April 20152015/77
Section 57(1) and (2)22nd September 20152015/247
Section 57(3) to (5)1st April 20152015/77
Section 5822nd September 20152015/247
Sections 59 to 621st April 20152015/77
Sections 63 to 7122nd September 20152015/247
Section 72 (partially)1st April 20152015/77
Sections 75 and 761st April 20152015/77
Section 7922nd September 20152015/247
Section 81 (partially)1st April 20152015/77
Section 86 (partially)1st April 20152015/77
Sections 87 and 881st April 20152015/77
Section 8922nd September 20152015/247
Sections 90 and 911st April 20152015/77
Sections 92 to 9422nd September 20152015/247
Section 981st April 20152015/77
Section 9922nd September 20152015/247
Section 102 (partially)1st April 20152015/77
Sections 103 to 1071st April 20152015/77
Section 10822nd September 20152015/247
Sections 109 to 1141st January 20162015/378
Section 1151st April 20152015/77
Section 1161st January 20162015/378
Sections 117 and 11822nd September 20152015/247
Section 119 (partially)1st April 20152015/77
Section 119 (for all remaining purposes)22nd September 20152015/247
Sections 120 to 12222nd September 20152015/247
Section 1231st April 20152015/77
Section 1241st April 20162016/13
Section 1251st April 20152015/77
Section 1261st April 20162016/13
Section 1271st April 20152015/77
Sections 128 and 1291st April 20162016/13
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
Section 130 and schedule 4 (for all remaining purposes)1st April 20152015/77
Section 1311st April 20152015/77
Section 132 (for the purpose of bringing into force certain provisions of schedule 5)1st April 20152015/77
Section 132 (for the purpose of bringing into force further provisions of schedule 5)22nd September 20152015/247
Section 132 (for the purpose of bringing into force further provisions of schedule 5)19th October 20152015/336
Section 132 (for the purpose of bringing into force further provisions of schedule 5)1st January 20162015/378
Section 132 (for the purpose of bringing into force further provisions of schedule 5)1st April 20162016/13
Section 134(2)1st April 20152015/77
Schedule 122nd September 20152015/247
Schedule 2 (partially)1st April 20152015/77
Schedule 2 (for all remaining purposes)22nd September 20152015/247
Paragraphs 1 to 9, 10(1) to (3), (6) and (7), 11 to 21, 23, 24 and 26 of schedule 322nd September 20152015/247
The following provisions of schedule 5—
Paragraphs 1 to 31st April 20152015/77
Paragraph 4(a) (partially)1st April 20152015/77
Paragraph 4(a) (for all remaining purposes)22nd September 20152015/247
Paragraphs 4(b) and (c)1st April 20152015/77
Paragraph 4(e)1st January 20162015/378
Paragraph 4(f) (partially)1st April 20152015/77
Paragraph 51st April 20152015/77
Paragraph 6(1) and (2) (partially)1st April 20152015/77
Paragraph 6(1) and (2) (partially)22nd September 20152015/247
Paragraph 71st April 20152015/77
Paragraph 822nd September 20152015/247
Paragraphs 9 to 111st April 20152015/77
Paragraph 12(1) and (4)1st April 20152015/77
Paragraph 12(2) and (3)1st January 20162015/378
Paragraph 131st January 20162015/378
Paragraph 14(1) to (3)22nd September 20152015/247
Paragraph 14(4)1st January 20162015/378
Paragraph 1522nd September 20152015/247
Paragraph 161st April 20152015/77
Paragraph 1719th October 20152015/336
Paragraph 181st April 20152015/77
Paragraph 1922nd September 20152015/247
Paragraphs 24 and 2522nd September 20152015/247
Paragraph 261st April 20152015/77
Paragraphs 28 to 311st April 20152015/77
Paragraph 32(1), (2) and (4)22nd September 20152015/247
Paragraph 32(3)1st January 20162015/378
Paragraph 3322nd September 20152015/247
Paragraph 341st April 20152015/77
Paragraph 351st April 20162016/13
Paragraphs 36 to 381st April 20152015/77
Paragraphs 39 to 411st April 20162016/13
Paragraphs 42 to 451st April 20152015/77
(1)

2014 asp 18. There are amendments to the 2014 Act not relevant to this Order.

(2)

1898 c.35; as amended by the Administration of Justice (Scotland) Act 1933 (c.41), section 3(1) and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55), section 19. The 1898 Act is repealed by paragraph 27 of schedule 5 of the 2014 Act.

(3)

1971 c.58. The 1971 Act is to be repealed by paragraph 6(2) of schedule 5 of the 2014 Act and S.I. 2015/700.

(4)

Section 35 has been amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), sections 18(1) and 59 and schedule 2, paragraph 14; the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), schedule 6, paragraph 1; and S.S.I. 2007/507.

(5)

Sections 36A and 36B were inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 18(2).

(6)

Section 37 has been amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, section 16 and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 18(3). The repeal of subsection (1)(b) was commenced on 22nd September 2015 by S.S.I. 2015/247.

(7)

Section 38 has been amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 18(4).

(8)

S.I. 1988/1999; as amended by S.S.I. 2007/496.

(9)

1986 c.47. Paragraph 3 has been amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 18(1) and S.I. 1993/969.

(10)

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

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