The Judiciary and Courts (Scotland) Act 2008 (Transitional Provision) Order 2009

Made8th September 2009

Laid before the Scottish Parliament9th September 2009

Coming into force1st October 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 75(1) of the Judiciary and Courts (Scotland) Act 20081.

Citation, commencement and interpretation1

1

This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Transitional Provision) Order 2009 and comes into force on 1st October 2009.

2

“the Act” means the Judiciary and Courts (Scotland) Act 2008.

The Judicial Appointments Board for Scotland2

Where recommendations for appointment to the office of sheriff or part-time sheriff were made by the Judicial Appointments Board for Scotland before 1st June 2009, those recommendations shall be treated as recommendations of the Judicial Appointments Board for Scotland established by Chapter 3 of Part 2 of the Act until such time as it makes recommendations under section 9(2)(a) of the Act.

FERGUS EWINGAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh8th September 2009

EXPLANATORY NOTE

(This note is not part of the Order)

The Judiciary and Courts (Scotland) Act 2008 (Commencement No. 2) Order 2009 (S.S.I. 2009/192 (C.15)) was made on 18th May 2009 and brought certain provisions of the Judiciary and Courts (Scotland) Act 2008 into force on 1st June 2009. Those provisions included Chapter 3 of Part 2 of that Act which establishes the Judicial Appointments Board for Scotland on a statutory basis. Prior to 1st June 2009 the Judicial Appointments Board for Scotland existed on a non-statutory basis. This Order makes transitional provision so that the recommendations for appointment to the offices of sheriff and part time sheriff of the previous Judicial Appointments Board for Scotland can be used until such time as the new Judicial Appointments Board for Scotland makes its own recommendations for appointment to those offices.