Section 10 – Section 9: transitional provision
123.This section provides that any proceedings that have come before a sheriff court by way of paragraph 16(1) of the schedule of the 2022 Act (being the first calling of a case from custody under the existing national custody jurisdiction provisions) are, for the purposes of inserted sections 5B to 5D of the 1995 Act (as inserted by section 9), to be treated as though they came before that court by virtue of inserted section 5B(1). This means that any proceedings which begin under the existing national custody jurisdiction provisions in the 2022 Act but conclude under the new legislation can continue to be dealt with under the national jurisdiction in the same way, and to the same extent, as they could if they began under the new legislation.
