The Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Amendment Order 2008

Explanatory Note

(This note is not part of the Order)

This Order makes amendments to the Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Order 2008 (“the 2008 Order”).

The 2008 Order makes provision for the establishment of JP courts (and the associated disestablishment of district courts) in the Sheriffdom of Grampian, Highland and Islands. The majority of the provisions of that Order will come into force on 2nd June 2008, however, certain transitional provisions came into force in respect of the establishment of JP courts on 31st March 2008.

A new article 7 is inserted into the 2008 Order and confirms that a scheme to be made by the Scottish Ministers (under section 65(2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007) will identify which staff of the district courts that scheme will apply to. The effect of that scheme will be that certain staff (being employees of the local authorities which administer the district courts) will transfer to the employment of the Scottish Administration.

New article 8 is inserted to make provision for the transfer of property, rights and liabilities to the Scottish Ministers of the heritable property which is specified in the newly inserted Schedule 4.

References in these newly inserted provisions to the “relevant date” will attract the definition given to that term in article 1 of the 2008 Order. “Relevant date” is defined there as meaning 2nd June 2008.