Judiciary and Courts (Scotland) Act 2008 (asp 6)

SCHEDULE 4 S Appointment etc. of office holders: consequential amendments

The Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35) S

2 (1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows. S

(2) In section 1 (appointment of sheriff clerk and procurator fiscal)—

(a) in subsection (1)—

(i) for “one of His Majesty's Principal Secretaries of State” substitute “ the Scottish Court Service ”,

(ii) for “Secretary of State” substitute “ Scottish Court Service ”, and

(iii) for “him” substitute “ it ”, and

(b) in subsection (4), for “Secretary of State”, in both places those words appear, substitute “ Scottish Court Service ”.

(3) In section 2 (appointment of sheriff clerk and procurator fiscal deputes), for “Secretary of State” substitute “ Scottish Court Service ”.

(4) In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), for “Secretary of State”, in both places those words appear, substitute “ Scottish Court Service ”.

(5) In section 4 (vacancy in office of sheriff clerk, procurator fiscal or deputes), for “Secretary of State” substitute “ Scottish Court Service ”.

(6) In section 5 (whole-time clerks)—

(a) in subsection (1), for “Secretary of State” substitute “ Scottish Court Service ”, and

(b) in subsection (2)—

(i) for “Scottish Ministers” substitute “ Scottish Court Service ”, and

(ii) for “they consider” substitute “ it considers ”.

(7) In section 8 (power to issue instructions, etc.)—

(a) in subsection (1), for “Secretary of State” substitute “ Scottish Court Service ”, and

(b) in subsection (2)—

(i) for “Secretary of State” substitute “ Scottish Ministers ”, and

(ii) for “him” substitute “ the Scottish Court Service ”.

(8) In section 9 (deputation by sheriff clerk or procurator fiscal), for “Secretary of State” substitute “ Scottish Court Service ”.

Commencement Information

I1 Sch. 4 para. 2 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.