The Justice of the Peace Courts (Sheriffdom of North Strathclyde) etc. Order 2009

Supplemental and transitional provisions in relation to certain sittings of the East Ayrshire District Court

7.—(1) Paragraphs (2) to (4) apply in relation to any proceedings which—

(a) were instituted in the District Court of East Ayrshire;

(b) had they been instituted in the sheriff court would have been instituted in the Sheriff Court of North Strathclyde at Kilmarnock; and

(c) have not been completed prior to the relevant date.

(2) Those proceedings continue in the JP Court for Kilmarnock at Kilmarnock as if instituted there.

(3) The cases involved are to be heard and disposed of as if the JP Court for Kilmarnock at Kilmarnock always had jurisdiction for the proceedings, and any relevant—

(a) verdict, sentence, order or other determination, and

(b) complaint, notice, citation, warrant or other document,

has effect accordingly.

(4) For the purposes of paragraph (2), the clerk of the district court must transfer to the clerk of the JP Court for Kilmarnock at Kilmarnock such records, productions and other documents relating to the proceedings as are in the district court clerk’s possession.

(5) Further, the clerk of the district court must transfer to the clerk of the JP Court for Kilmarnock at Kilmarnock such records, productions and other documents relating to recent proceedings completed in the District Court of East Ayrshire at Kilmarnock as are in the district court clerk’s possession.

(6) For the purposes of paragraph (5), proceedings are recent if they were completed not more than 5 years before the relevant date.

(7) Article 5 applies to the Clerk of the District Court of East Ayrshire, but only while exercising functions in relation to the operation of that court at Kilmarnock, in the same way as they apply to a clerk of a relevant district court.

(8) Where paragraph (7) applies, references in article 5 to—

“the clerk of a relevant district court” or “the clerk of the relevant district court” shall be read as references to the Clerk of the District Court of East Ayrshire, but only while exercising functions in relation to the operation of that court at Kilmarnock;

“the clerk of the appointed JP court” shall be read as references to the Clerk of the JP Court for Kilmarnock at Kilmarnock; and

“a relevant district court” shall be read as references to the District Court of East Ayrshire at Kilmarnock.

(9) Article 6 applies to cases in the District Court of East Ayrshire at Kilmarnock as it applies to cases in a relevant district court.

(10) Where paragraph (9) applies, references in article 6 to—

(a) “a relevant district court” or “the relevant district court” shall be read as references to the District Court of East Ayrshire at Kilmarnock; and

(b) “the appointed JP court” shall be read as references to the JP Court for Kilmarnock at Kilmarnock.