Courts Reform (Scotland) Act 2014

Courts Reform (Scotland) Act 2014

2014 asp 18

The Act

Part 2 - Sheriff Appeal Court

Chapter 1 - Establishment and role

Section 47 – Jurisdiction and competence

84. Subsection (1) sets out the jurisdiction and competence of the Sheriff Appeal Court, providing that it will determine appeals to such extent as is provided for in the Act or in any other enactment. With regard to the Act, the court will hear civil appeals under the provisions set out in Part 5 and criminal appeals under the provisions set out in Part 6. The court is a collegiate one with a decision of the court being constituted by a decision of one or more Appeal Sheriffs. Subsection (3) expands upon the phrase “court of law” used in section 46, putting beyond any doubt that the Sheriff Appeal Court is a court with the same inherent features as other courts in Scotland. This is intended to make clear that the court has the inherent jurisdiction of a court of law and thus ensures that, for example, the law on contempt of court and other rules relative to courts and court proceedings, such as rules about privilege and power to make reporting restrictions (A v BBC [2014] UKSC 25), are to apply.