The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in consequence of and supplementary to the coming into force of certain provisions of the Courts Reform (Scotland) Act 2014 (“the Act”) on 1st January 2016. This Order comes into force on the same date. The principal provision of relevance is section 109 which, with effect from 1st January 2016, abolishes civil appeals from the sheriff to the sheriff principal and provides for any such appeals to be heard instead by the Sheriff Appeal Court.

Article 2 concerns the enforcement of orders or determinations of the Sheriff Appeal Court and has effect that sheriff officers may enforce such orders or determinations under their existing commissions from sheriff principals for particular sheriffdoms.

Article 3 concerns rights of audience before the Sheriff Appeal Court. The general rule is that only solicitors or advocates may conduct proceedings before the Court (with section 108 of the Act providing for sanction for counsel in relation to the recoverability of legal expenses). Exceptionally, enactments provide for persons other than solicitors or advocates to conduct appeal proceedings before sheriffs principal. Article 3 preserves such rights of audience in the context of the same types of appeal proceedings being heard by the Sheriff Appeal Court. Article 3 does not apply to acts of sederunt so that specific amending provision may be made by act of sederunt.

Article 4 introduces the Schedule which makes textual modifications to primary and secondary legislation in consequence of sections 109 and 114 of the Act and article 3 of this Order. Article 5 provides that these modifications do not apply to appeals made before 1st January 2016. Paragraph 8 of the Schedule is in consequence of the criminal jurisdiction and competence of the Sheriff Appeal Court which was assumed on 22nd September 2015.