Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

Criminal courts, procedure, evidence and justice

33 Establishment and disestablishment of district courts

After section 1 of the District Courts (Scotland) Act 1975 there shall be inserted the following section— “Further provision as to establishment and disestablishment of district courts.

1A (1) Where it appears to the Secretary of State that—

(a) there is insufficient business for the district court in a particular commission area ; and

(b) such insufficiency of business is likely to con tinue,

he may by order provide that the district court for that area cease to exist on a specified date.”

(2) Where it appears to the Secretary of State that, in a commission area in which there is no district court, there is likely to be sufficient business to justify the establishment of such a court, he may by order provide for the establishment of such a court in that area on a specified date.

(3) An order under subsection (1) or (2) above may contain all such provisions as appear to the Secretary of State to be necessary or expedient for rendering the order of full effect and any incidental, supplemental or consequential provisions which appear to him to be necessary or expedient for the purposes of the order, including, but without prejudice to the generality of the foregoing words, provisions amending, repealing or revoking any enactment (whether passed or made before or after the commencement of this enactment).

(4) Before making an order under subsection (1) or (2) above, the Secretary of State shall consult the district or islands council for the area concerned, and such other persons as appear to him to have an interest in the proposed order.

(5) Orders under subsection (1) or (2) above shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.