PART 9JUSTICE OF THE PEACE COURTS

I1127Establishing, relocating and disestablishing justice of the peace courts

1

Section 59 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (establishing etc. JP courts) is amended in accordance with subsections (2) and (3).

2

In each of subsections (2) and (6), after “may” insert “ , following submission of a proposal under subsection (7), ”.

3

For subsections (7) and (7A) substitute—

7

The Scottish Courts and Tribunals Service may, with the agreement of the Lord President, submit a proposal to the Scottish Ministers for the making of an order under subsection (2) or (6).

7A

Before submitting a proposal to the Scottish Ministers, the Scottish Courts and Tribunals Service must consult such persons as it considers appropriate.

7B

If, following submission of a proposal, the Scottish Ministers decide to make an order, they must have regard to the proposal in deciding what provision to make in the order.

7C

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 Courts and Tribunals Service.

4

In section 81(3)(a) of that Act (orders under the Act that are subject to affirmative procedure), after “56” insert “ , 59(2) or (6) ”.