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Courts Reform (Scotland) Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Courts Reform (Scotland) Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. The Act

    1. Part 1 - Sheriff Courts

      1. Chapter 1 - Sheriffdoms, sheriff court districts and sheriff courts

        1. Section 1 – Sheriffdoms, sheriff court districts and sheriff courts

        2. Section 2 – Power to alter sheriffdoms, sheriff court districts and sheriff courts

      2. Chapter 2 - Judiciary of the sheriffdoms

        1. Permanent and full-time judiciary

          1. Section 3 – Sheriffs principal

          2. Section 4 – Sheriffs

          3. Section 5 – Summary sheriffs

        2. Temporary and part-time judiciary

          1. Section 6 – Temporary sheriff principal

          2. Section 7 – Temporary sheriff principal: further provision

          3. Section 8 – Part-time sheriffs

          4. Section 9 – Reappointment of part-time sheriffs

          5. Section 10 – Part-time summary sheriffs

          6. Section 11 – Reappointment of part-time summary sheriffs

        3. Re-employment of former holders of certain judicial offices

          1. Section 12 – Re-employment of former judicial office holders

          2. Section 13 – Re-employment of former judicial office holders: further provision

        4. Qualification and disqualification

          1. Section 14 – Qualification for appointment

          2. Section 15 – Disqualification from practice, etc.

        5. Remuneration and expenses

          1. Section 16 – Remuneration

          2. Section 17 – Expenses

        6. Leave of absence

          1. Section 18 – Leave of absence

        7. Residence

          1. Section 19 – Place of residence

        8. Cessation of appointment

          1. Section 20 – Cessation of appointment of judicial officers

        9. Fitness for office

          1. Section 21 – Tribunal to consider fitness for office

          2. Section 22 – Tribunal investigations: suspension from office

          3. Section 23 – Further provision about tribunals

          4. Section 24 – Tribunal report

          5. Section 25 – Removal from office

          6. Section 26 – Abolition of the office of honorary sheriff

      3. Chapter 3 — Organisation of business

        1. Sheriff principal’s general responsibilities

          1. Section 27 – Sheriff principal’s responsibility for efficient disposal of business in sheriff courts

          2. Section 28 – Sheriff principal’s power to fix sittings of sheriff courts

          3. Section 29 – Lord President’s power to exercise functions under sections 27 and 28

        2. Deployment of judiciary

          1. Section 30 – Power to authorise a sheriff principal to act in another sheriffdom

          2. Section 31 – Power to direct a sheriff or summary sheriff to act in another sheriffdom

          3. Section 32 – Power to re-allocate sheriffs principal, sheriffs and summary sheriffs between sheriffdoms

          4. Section 33 – Allocation of sheriffs and summary sheriffs to sheriff court districts

        3. Judicial specialisation

          1. Section 34 – Determination of categories of case for purposes of judicial specialisation

          2. Section 35 – Designation of specialist judiciary

          3. Section 36 – Allocation of business to specialist judiciary

          4. Section 37 – Saving for existing powers to provide for judicial specialisation

      4. Chapter 4 - Competence and jurisdiction

        1. Sheriffs: civil competence and jurisdiction

          1. Section 38 – Jurisdiction and competence of sheriffs

          2. Section 39 – Exclusive competence

          3. Section 40 – Territorial jurisdiction

          4. Section 41 – Power to confer all-Scotland jurisdiction for specified cases

          5. Section 42 – All-Scotland jurisdiction: further provision

          6. Section 43 – Jurisdiction over persons etc

        2. Summary sheriffs: civil and criminal competence and jurisdiction

          1. Section 44 – Summary sheriff: civil competence and jurisdiction

          2. Section 45 – Summary sheriff: criminal competence and jurisdiction

    2. Part 2 - Sheriff Appeal Court

      1. Chapter 1 - Establishment and role

        1. Section 46 – The Sheriff Appeal Court

        2. Section 47 – Jurisdiction and competence

        3. Section 48 – Status of decisions of the Sheriff Appeal Court in precedent

      2. Chapter 2 – Appeal sheriffs

        1. Section 49 – Sheriffs principal to be Appeal Sheriffs

        2. Section 50 – Appointment of sheriffs as Appeal Sheriffs

        3. Section 51 – Re-employment of former Appeal Sheriffs

        4. Section 52 – Expenses

        5. Section 53 – Temporary provision

      3. Chapter 3 - Organisation of business

        1. President and Vice President

          1. Section 54 – President and Vice President of the Sheriff Appeal Court

            Section 55 – President and Vice President: incapacity and suspension

        2. Disposal of business

          1. Section 56 – President’s responsibility for efficient disposal of business

        3. Sittings

          1. Section 57 – Sittings of the Sheriff Appeal Court

          2. Section 58 – Rehearing of pending case by a larger Court

      4. Chapter 4 – Administration

        1. Clerks

          1. Section 59 – Clerk of the Sheriff Appeal Court

            Section 60 – Deputy Clerks of the Sheriff Appeal Court

            Section 61 – Clerk and Deputy Clerks: further provision

        2. Records

          1. Section 62 – Records of the Sheriff Appeal Court

    3. Part 3 – Civil Procedure

      1. Chapter 1 – Sheriff court

        1. Civil jury trials

          1. Section 63 – Civil jury trials in an all-Scotland sheriff court

          2. Section 64 – Selection of the jury

          3. Section 65 – Application to allow the jury to view property

          4. Section 66 – Discharge or death of juror during trial

          5. Section 67 – Trial to proceed despite objection to opinion and direction of the sheriff

          6. Section 68 – Return of verdict

          7. Section 69 – Application for new trial

          8. Section 70 – Restrictions on granting a new trial

          9. Section 71 – Verdict subject to opinion of the Sheriff Appeal Court

        2. Simple procedure

          1. Section 72 – Simple procedure

          2. Section 73 – Proceedings in an all-Scotland sheriff court

          3. Section 74 – Proceedings for aliment of small amounts under simple procedure

          4. Section 75– Rule-making: matters to be taken into consideration

          5. Section 76 – Service of documents

          6. Section 77 – Evidence in simple procedure cases

          7. Section 78 – Transfer of cases to simple procedure

          8. Section 79 – Proceedings in an all-Scotland sheriff court: transfer to simple procedure

          9. Section 80 – Transfer of cases from simple procedure

          10. Section 81 – Expenses in simple procedure cases

          11. Section 82 – Appeals from simple procedure cases

          12. Section 83 – Transitional provision: summary causes

        3. Interdicts and other orders: effect outside sheriffdom

          1. Section 84 – Interdicts having effect in more than one sheriffdom

            Section 85 – Proceedings for breach of an extended interdict

          2. Section 86 – Power to enable sheriff to make orders having effect outside sheriffdom

        4. Execution of deeds relating to heritage

          1. Section 87 – Power of sheriff to order sheriff clerk to execute deed relating to heritage

        5. Interim orders

          1. Section 88 – Interim orders

      2. Chapter 2 – Court of Session

        1. Section 89 – Judicial review

        2. Section 90 – Interim orders

        3. Section 91 – Warrants for ejection

      3. Chapter 3 - Remit of cases between courts

        1. Section 92 – Remit of cases to the Court of Session

        2. Section 93 – Remit of cases from the Court of Session

        3. Section 94 – Remit of cases to the Scottish Land Court

      4. Chapter 4 – Lay representation for non-natural persons

        1. Section 95 – Key defined terms

        2. Section 96 - Lay representation in simple procedure cases

        3. Section 97 – Lay representation in other proceedings

        4. Section 98 – Lay representation: supplementary provision

      5. Chapter 5 – Jury service

        1. Section 99 – Jury service

      6. Chapter 6 – Vexatious proceedings

        1. Section 100 – Vexatious litigation orders

          Section 101 – Vexatious litigation orders: further provision

        2. Section 102 – Power to make orders in relation to vexatious behaviour

    4. Part 4 – Procedure and Fees

      1. Procedure

        1. Section 103 – Power to regulate procedure etc. in the Court of Session

        2. Section 104 – Power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court

      2. Fees of solicitors etc.

        1. Section 105 – Power to regulate fees in the Court of Session

        2. Section 106 – Power to regulate fees in the sheriff court and the Sheriff Appeal Court

      3. Court fees

        1. Section 107 – Power to provide for fees for SCTS, court clerks and other officers

        2. Section 108 – Sanction for counsel in the sheriff court and the Sheriff Appeal Court

    5. Part 5 – Civil Appeals

      1. Appeals to the Sheriff Appeal Court

        1. Section 109 – Abolition of appeal from a sheriff to the sheriff principal

        2. Section 110 – Appeal from a sheriff to the Sheriff Appeal Court

        3. Section 111 – Sheriff Appeal Court’s powers of disposal in appeals

        4. Section 112 – Remit of appeal from Sheriff Appeal Court to Court of Session

      2. Appeals to the Court of Session

        1. Section 113 – Appeal from the Sheriff Appeal Court to the Court of Session

        2. Section 114 – Appeal from the sheriff principal to the Court of Session

        3. Section 115 –Appeals: granting of leave or permission and assessment of grounds of appeal

        4. Section 116 – Effect of appeal

        5. Section 117 – Appeals to the Supreme Court

    6. Part 6 – Criminal Appeals

      1. Appeals from summary criminal proceedings

        1. Section 118 - Appeals to the Sheriff Appeal Court from summary criminal proceedings

        2. Section 119 - Appeals from the Sheriff Appeal Court to the High Court

        3. Section 120 - Power to refer points of law for the opinion of the High Court

        4. Section 121 - References by the Scottish Criminal Cases Review Commission

      2. Bail appeals

        1. Section 122 - Bail appeals

    7. Part 7 – Judges of the Court of Session

      1. Section 123 – Appointment of Court of Session judges, etc

      2. Section 124 – Payment of salaries of Court of Session judges

      3. Section 125 – Expenses

    8. Part 8 – Scottish Land Court

      1. Section 126 – Scottish Land Court: remuneration and expenses

    9. Part 9 – Justice of the Peace Courts

      1. Section 127 – Establishing, relocating and disestablishing justice of the peace courts

      2. Section 128– Abolition of the office of stipendiary magistrate

      3. Section 129 – Summary sheriffs to sit in justice of the peace courts

    10. Part 10 – the Scottish Courts and Tribunals Service

      1. Section 130 – The Scottish Courts and Tribunals Service

    11. Part 11 – the Judicial Appointments Board for Scotland

      1. Section 131 – Assistants to the Judicial Appointments Board for Scotland

    12. Part 12 – General

      1. Section 132 – Modifications of enactments

      2. Section 133 – Subordinate legislation

      3. Section 134 – References to sheriff

      4. Section 135 – Definition of family proceedings

      5. Section 136 – Interpretation

      6. Section 137 – Ancillary provision

      7. Section 138 – Commencement

      8. Section 139 – Short title

    13. Schedule 1 – Civil proceedings, etc. in relation to which summary sheriff has competence

    14. Schedule 2 – Appeal Sheriffs: temporary provision

    15. Schedule 3 – Transfer of summary criminal appeal jurisdiction to the Sheriff Appeal Court: Modification of 1995 Act

    16. Schedule 4 – The Scottish Courts and Tribunals Service

      1. Part 1 - Conferral of additional functions etc. in relation to tribunals

      2. Part 2 – Transitional provision

      3. Part 3 – Consequential repeal, etc

        1. Paragraph 4 - Lands Tribunal Act 1949

        2. Paragraph 5 – Mental Health (Care and Treatment) (Scotland) Act 2003

        3. Paragraph 6 – Education (Additional Support for Learning) (Scotland) Act 2004

        4. Paragraph 7 – Tribunals (Scotland) Act 2014

        5. Paragraph 9 - Revenue Scotland and Tax Powers Act 2014

    17. Schedule 5 – Modifications of enactments

      1. Sheriff

        1. Paragraph 1 – Promissory Oaths Act 1868

        2. Paragraph 2 – Promissory Oaths Act 1871

        3. Paragraph 3 – Sheriff Courts (Scotland) Act 1876

        4. Paragraph 4 – Sheriff Courts (Scotland) Act 1907

        5. Paragraph 5 – Sheriff Courts and Legal Officers (Scotland) Act 1927

        6. Paragraph 6 – Sheriff Courts (Scotland) Act 1971

        7. Paragraph 7 – Civil Jurisdiction and Judgments Act 1982

        8. Paragraph 8 – Judicial Pensions and Retirement Act 1993

        9. Paragraph 9 – Judiciary and Courts (Scotland) Act 2008

      2. Part 2 – Sheriff Appeal Court

        1. Paragraph 10 – Sheriff Courts and Legal Officers (Scotland) Act 1927

        2. Paragraph 11 – Public Records (Scotland) Act 1937

        3. Paragraph 12 – Administration of Justice (Scotland) Act 1972

        4. Paragraph 13 – Civil Jurisdiction and Judgments Act 1982

        5. Paragraph 14 – Legal Aid (Scotland) Act 1986

        6. Paragraph 15 – Criminal Procedure (Scotland) Act 1995

        7. Paragraph 16 – Judiciary and Courts (Scotland) Act 2008

        8. Paragraph 17 – Criminal Justice and Licensing (Scotland) Act 2010

        9. Paragraph 18 – Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

      3. Part 3 – Civil jury trials

        1. Paragraph 19 – Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

      4. Part 4 – Simple procedure

        1. Paragraph 20 – Heritable Securities (Scotland) Act 1894

        2. Paragraph 21 – Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963

        3. Paragraph 22 – Conveyancing and Feudal Reform (Scotland) Act 1970

        4. Paragraph 23 – Legal Aid (Scotland) Act 1986

      5. Part 5 – Judicial review

        1. Paragraph 24 – Tribunals (Scotland) Act 2014

      6. Part 6 – Remit of cases between courts

        1. Paragraph 25 - Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

      7. Part 7 – Regulation of procedure and fees

        1. Paragraph 26 – Courts of Law Fees (Scotland) Act 1895

        2. Paragraph 27 - Vexatious Actions (Scotland) Act 1898

        3. Paragraph 28 - Execution of Diligence (Scotland) Act 1926

        4. Paragraph 29- Administration of Justice (Scotland) Act 1972

        5. Paragraph 30 – Court of Session Act 1988

        6. Paragraph 31 – Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

      8. Part 8 – Civil appeals

        1. Paragraph 32 - Court of Session Act 1988

        2. Paragraph 33 – Constitutional Reform Act 2005

      9. Part 9 – Judges of the Court of Session

        1. Paragraph 34 – Promissory Oaths Act 1868

        2. Paragraph 35 - Administration of Justice Act 1973

        3. Paragraph 36 – Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

          Paragraph 37 – Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

        4. Paragraph 38 – Judiciary and Courts (Scotland) Act 2008

      10. Part 10 – Justice of the Peace Courts

        1. Paragraph 39 - Criminal Procedure (Scotland) Act 1995

        2. Paragraph 40 - Criminal Proceedings etc. (Reform) (Scotland) Act 2007

        3. Paragraph 41 - Judiciary and Courts (Scotland) Act 2008

      11. Part 11 – Miscellaneous

        1. Paragraph 42 – Judicial Offices (Salaries, &c.) Act 1952

        2. Paragraph 43 – Court of Session Act 1988

        3. Paragraph 44 – Criminal Procedure (Scotland) Act 1995

        4. Paragraph 45 – Interpretation and Legislative Reform (Scotland) Act 2010

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

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