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Judiciary and Courts (Scotland) Act 2008
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Changes to legislation:
Judiciary and Courts (Scotland) Act 2008, SCHEDULE 5 is up to date with all changes known to be in force on or before 22 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 5:
- s. 2(2ZA) inserted by 2025 asp 12 s. 30(2)(a)
- s. 2(6)(ba) inserted by 2025 asp 12 sch. 5 para. 2(3)
- s. 2(6A) inserted by 2025 asp 12 s. 30(2)(b)
- s. 20E(6) inserted by 2025 asp 12 s. 73(2)(c)
- s. 35(2A) inserted by 2025 asp 12 sch. 5 para. 2(5)
- s. 43(2)(cb) inserted by 2025 asp 12 sch. 5 para. 2(6)
- s. 62(1)(bza) inserted by 2025 asp 12 sch. 5 para. 2(7)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2(2ZA) inserted by 2025 asp 12 s. 30(2)(a)
- s. 2(6)(ba) inserted by 2025 asp 12 sch. 5 para. 2(3)
- s. 2(6A) inserted by 2025 asp 12 s. 30(2)(b)
- s. 20E(6) inserted by 2025 asp 12 s. 73(2)(c)
- s. 35(2A) inserted by 2025 asp 12 sch. 5 para. 2(5)
- s. 43(2)(cb) inserted by 2025 asp 12 sch. 5 para. 2(6)
- s. 62(1)(bza) inserted by 2025 asp 12 sch. 5 para. 2(7)
SCHEDULE 5SConsequential amendments and repeals
(introduced by section 73)
This schedule has no associated Explanatory Notes
The Courts of Law Fees (Scotland) Act 1895 (c. 14)S
1SIn the Courts of Law Fees (Scotland) Act 1895, in section 2(1)(a), the words from “the expenses” to “Scottish Ministers” are repealed.
Commencement Information
I1Sch. 5 para. 1 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.
The Sheriff Courts (Scotland) Act 1971 (c. 58)S
F12S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 5 para. 2 repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 9(2)(f); S.S.I. 2015/77, art. 2(2)(3), Sch.
The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 (S.I. 1999/1017)S
3SThe Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 is revoked.
Commencement Information
I2Sch. 5 para. 3 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.
The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)S
4SThe Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 is repealed.
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)S
5(1)The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.S
(2)In section 81 (orders)—
(a)in subsection (1), after “Ministers” insert “ or the Lord President of the Court of Session ”, and
(b)in subsection (2)(a), after “consider” insert “ or (as the case may be) the Lord President considers ”.
(3)The following provisions are repealed—
(a)in section 59(8) (establishing JP courts), paragraph (a) and the word “and” which immediately follows it,
(b)section 60 (provision for justice of the peace courts), and
(c)section 63(6) (staffing of justice of the peace courts)
Commencement Information
I3Sch. 5 para. 5 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.
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