Part 3The courts

The Court of Session

44Maximum number of judges

(1)

Section 1 (number of judges of the Court) of the Court of Session Act 1988 (c. 36) is amended as follows.

(2)

In subsection (1), after “(3)” insert “ , (3A) ”.

(3)

In subsection (3), for the words from “Parliament” in the first place it appears to the end substitute “ and approved by resolution of the Scottish Parliament. ”.

(4)

After subsection (3) insert—

“(3A)

The Lord President must be consulted before any draft of an Order under this section is laid before the Parliament.”.

45Number of judges of the First and Second Divisions of the Inner House

In section 2(2A) (composition of the Court) of the Court of Session Act 1988 (c. 36), after “may” insert “ , after consulting the Lord President, ”.

46Divisions of the Inner House

(1)

The Court of Session Act 1988 (c. 36) is amended as follows.

(2)

In section 2 (composition of the Court)—

(a)

for subsection (3) substitute—

“(3)

The Lord President may from time to time constitute, from among the judges of the Court, an extra Division of the Inner House for the purpose of hearing and disposing of causes pending before the Inner House; and any reference in this Act or in any other enactment to a Division of the Inner House shall be construed as including a reference to such an extra Division.”, and

(b)

in subsection (4), at beginning, insert “ Subject to section 5(ba) below, ” .

(3)

In section 5 (power to regulate procedure etc. in the Court of Session by act of sederunt), after paragraph (b) insert—

“(ba)

to make provision as to the quorum for a Division of the Inner House considering solely procedural matters, and, in the case of an extra Division, to make provision as to which judge is to preside and to sign any judgment or interlocutor pronounced by the extra Division;”.

Sheriff courts

F147Sheriff principal's responsibility

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F148Repeal of certain responsibilities of Scottish Ministers

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F149Lord President's default power

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F150Alteration of boundaries of sheriffdoms

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F151Sheriff court districts and places where sheriff courts are to be held

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F152Repeal of power to appoint sheriff to assist Scottish Ministers

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F153Sheriffs principal and sheriffs acting in other sheriffdoms

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F154Residence and leave of absence of sheriffs principal

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F155Number, residence and deployment of sheriffs

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F156Leave of absence of sheriffs

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Justice of the peace courts

57Establishment, constitution etc.

(1)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) is amended as follows.

(2)

In section 59 (establishing justice of the peace courts)—

(a)

subsection (1) is repealed,

(b)

in subsection (4), for “Scottish Ministers determine” substitute “ Lord President of the Court of Session determines ”,

(c)

in subsection (5), for “Scottish Ministers” substitute “ Lord President ”, and

(d)

for subsection (7) substitute—

“(7)

The Scottish Ministers may make an order under subsection (2) or (6) only with the consent of—

(a)

the Lord President, and

(b)

the Scottish Court Service.

(7A)

Before consenting to the making of such an order—

(a)

the Lord President must consult the sheriff principal for the sheriffdom in which the JP court is, or is to be, located, and

(b)

the Scottish Court Service must consult such persons as it considers appropriate.”.

(3)

In section 63 (constitution and powers etc. of justice of the peace courts)—

(a)

after subsection (2) insert—

“(2A)

The Scottish Ministers may make an order under subsection (2) only on the recommendation of the Lord President of the Court of Session.”, and

(b)

in subsection (5)(b), for “Scottish Ministers” substitute “ Lord President ”.

58Sheriff principal's responsibility

(1)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) is amended as follows.

(2)

For section 61 substitute—

“61Efficient disposal of business in JP courts

(1)

The sheriff principal of each sheriffdom is responsible for securing the efficient disposal of business in JP courts in that sheriffdom.

(2)

If, in carrying out that responsibility, the sheriff principal gives a direction of an administrative character to a person mentioned in subsection (3), the person must comply with the direction.

(3)

Those persons are—

(a)

a justice of the peace, or stipendiary magistrate, appointed for the sheriffdom,

(b)

a member of staff of the Scottish Court Service.

(4)

Subsections (1) and (2) are subject to section 2(2)(a) and (3) of the Judiciary and Courts (Scotland) Act 2008 (asp 6) (which make the Head of the Scottish Judiciary responsible for maintaining arrangements for securing the efficient disposal of business in the Scottish courts and require compliance with directions given in pursuance of that responsibility).”.

(3)

In section 74(3) (pre-condition for appointment of stipendiary magistrate), for the words “administration of” substitute “ disposal of business in ”.

Court holidays

59Court holidays in sheriff courts and justice of the peace courts

(1)

Section 8 (sittings of sheriff and justice of the peace courts) of the Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.

(2)

In subsections (2) and (3), for “10” substitute “ 11 ”.