Explanatory Notes

Courts Reform (Scotland) Act 2014

2014 asp 18

10 November 2014

The Act

Part 9 – Justice of the Peace Courts

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

253.Section 127 restates the powers to establish justice of the peace courts at section 59 of the Criminal Proceedings etc (Reform) (Scotland) Act 2007 and updates the powers in subsections (7) and (7A). The effect of the amendments at subsections (2) and (3) is that the Scottish Minsters will be able to use their powers to establish, relocate or disestablish a justice of the peace court only following the submission of a proposal to do so by the SCTS. Such a proposal must be agreed to by the Lord President and have been subject to consultation with persons considered appropriate by the SCTS. It will be for the Scottish Minsters to decide, following the submission of a proposal, whether to exercise their order making powers under section 59(2) or (6) of the 2007 Act.

254.This provision re-orders the existing provisions which govern the process for the making of an order under section 59(2) and (6) of the 2007 Act, bringing them into line with the process to be followed for an order under section 2 of the Act (the power to alter sheriffdoms, sheriff court districts and sheriff courts). An order under section 59(2) or (6) of the 2007 Act is subject to the affirmative procedure.