2015 No. 77 (C. 17)

Court Of Session

Judicial Appointments And Discipline

Scottish Court Service

Sheriff Court

The Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015

Made24th February 2015

Laid before the Scottish Parliament26th February 2015

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 138(2) and (3) of the Courts Reform (Scotland) Act 20141 and all other powers enabling them to do so.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015.

(2)

This article and article 2(1) come into force on 12th March 2015.

(3)

The remaining provisions of this Order come into force on 1st April 2015.

(4)

In this Order, “the Act” means the Courts Reform (Scotland) Act 2014.

Appointed day2.

(1)

The day appointed for the coming into force of section 23(5) of the Act (power of Court of Session to make rules about procedure at tribunal constituted under section 21) is 12th March 2015.

(2)

Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 1st April 2015.

(3)

Where a purpose is specified in column 3 of the table in the Schedule, a provision specified in column 1 of that table comes into force only for that purpose.

Payment of judicial remuneration and expenses3.

(1)

Paragraphs (2) to (4) apply until the day on which section 16(12) of the Act (salaries and remuneration payable by SCTS) comes into force.

(2)

Salaries under section 16(1) of the Act and remuneration under section 16(3) of the Act are to be paid by the Scottish Ministers.

(3)

Remuneration under section 16(5), (9) and (11) of the Act is to be paid by the Scottish Courts and Tribunals Service.

(4)

Sums required by the Scottish Ministers for the payment of a salary or remuneration under paragraph (2) are charged on the Scottish Consolidated Fund.

Tribunal to consider fitness for office4.

Judicial conduct occurring before 1st April 2015 may be taken into account in any proceedings under section 21 of the Act (tribunal to consider fitness for office).

Re-employment of former sheriffs principal in the Sheriff Appeal Court5.

(1)

Section 51(1) of the Act (re-employment of former Appeal Sheriffs) has effect as if the reference in it to a qualifying former Appeal Sheriff included a reference to a qualifying former sheriff principal.

(2)

For that purpose, a “qualifying former sheriff principal” is an individual who—

(a)

prior to the commencement of section 49(1) of the Act—

(i)

held office as a sheriff principal; and

(ii)

ceased to hold that office other than by virtue of an order under section 12E of the Sheriff Courts (Scotland) Act 1971 (removal from office)2; and

(b)

has not reached the age of 75.

Saving for regulation of commissary business6.

Despite the repeal of section 54 of the Sheriff Courts (Scotland) Act 18763 (courts to make acts of sederunt) by paragraph 3 of schedule 5 to the Act—

(a)

any act of sederunt made under that section shall continue to have effect on or after 1st April 2015 as it had effect immediately before that date; and

(b)

that section shall continue to have effect for the purpose of enabling the revocation of any act of sederunt made under it.

Saving for existing subordinate legislation7.

(1)

Despite the coming into force of paragraphs 4(f), 6(2), 26, 28 and 30(3) of schedule 5 to the Act (which repeal the enactments specified in paragraph (2)), any subordinate legislation made under an enactment specified in paragraph (2) continues to have effect.

(2)

The enactments are—

(a)

section 2 of the Court of Law Fees (Scotland) Act 18954 (power of Scottish Ministers to regulate court fees);

(b)

section 6 of the Execution of Diligence (Scotland) Act 19265 (regulations, forms and fees);

(c)

section 40 of the Sheriff Courts (Scotland) Act 19076 (Court of Session to regulate fees etc.);

(d)

in the Sheriff Courts (Scotland) Act 1971—

(i)

section 32 (power of Court of Session to regulate civil procedure in sheriff court);

(ii)

section 32A7 (rules for lay representation); and

(iii)

section 41 (power of Her Majesty to vary limit to privative jurisdiction of sheriff court etc.);

(e)

in the Court of Session Act 19888—

(i)

section 5 (power to regulate procedure etc. by act of sederunt);

(ii)

section 5A9 (rules for lay representation); and

(iii)

section 6 (allocation of business etc. by act of sederunt).

(3)

In paragraph (2), a reference to an enactment includes a reference to that enactment as extended, applied or modified by any other enactment.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th February 2015

SCHEDULEProvisions of the Act coming into force on 1st April 2015

Article 2

Column 1 Provisions of the Act	Column 2 Subject Matter	Column 3 Purpose
Sections 1 and 2	Sheriffdoms, sheriff court districts and sheriff courts
Sections 3 and 4	Sheriffs principal and sheriffs
Section 5	Summary sheriffs	For the purpose of making appointments
Sections 6 to 9	Judiciary of the sheriffdoms
Section 10	Part-time summary sheriffs	For the purpose of making appointments
Sections 11 to 15	Judiciary of the sheriffdoms
Section 16(1) to (11)	Remuneration
Sections 17 to 22	Judiciary of the sheriffdoms
Section 23	Further provision about tribunals constituted under section 21	For all remaining purposes
Sections 24 and 25	Tribunal report and removal from office
Sections 27 to 37	Organisation of business
Section 38	Jurisdiction and competence of sheriffs
Section 39	Power to make act of sederunt for determining the value of an order etc.	For the purpose of making provision by act of sederunt
Sections 40 to 43	Jurisdiction and competence of sheriffs
Section 46	The Sheriff Appeal Court	For the purpose of enabling appointments under sections 49 to 51, 53, 54, 59 and 60
Sections 49 to 53	Sheriff Appeal Court – appointments etc.
Section 54 to 56	President and Vice President of the Sheriff Appeal Court etc.
Section 57(3) to (5)	Power to prescribe sittings of the Sheriff Appeal Court
Sections 59 to 61	Clerk and Deputy Clerks of the Sheriff Appeal Court
Section 62	Records of the Sheriff Appeal Court
Section 72	Power to make provision by act of sederunt in relation to simple procedure	For the purpose of making provision by act of sederunt
Section 75	Rule-making: matters to be taken into consideration
Section 76	Rules relating to service of documents
Section 81	Expenses in simple procedure cases	For the purpose of enabling an order to be made
Section 86	Power to enable sheriff to make orders having effect outside sheriffdom	For the purpose of enabling an order to be made by the Scottish Ministers
Section 87	Power of sheriff to order sheriff clerk to execute deed relating to heritage
Section 88	Interim orders
Section 90	Interim orders
Section 91	Warrants for ejection
Section 98	Power to make supplementary provision about lay representation for non-natural persons
Section 102	Power to make orders in relation to vexatious behaviour	For the purpose of enabling regulations to be made
Sections 103 to 107	Procedure and fees
Section 115	Appeals: granting of leave or permission and assessment of grounds of appeal
Section 119	Appeals from the Sheriff Appeal Court to the High Court	For the purpose of enabling the making of an act of adjournal in reliance upon inserted section 194ZF(1)(c)(ii) of the Criminal Procedure (Scotland) Act 1995
Section 123	Appointment of Court of Session Judges etc.
Section 125	Judges of the Court of Session - expenses
Section 127	Establishing, relocating and disestablishing justice of the peace courts
Section 130	The Scottish Courts and Tribunal Service	For all remaining purposes(1)
Section 131	Assistants to the Judicial Appointments Board for Scotland
Section 132	Modification of enactments	For the purpose of bringing into force the provisions of schedule 5 listed in column 1 below
Section 134(2)	References to “sheriff”
Schedule 2	Appeal Sheriffs: temporary provision	For the purpose of enabling appointments to be made under paragraph 2(1) of schedule 2
Schedule 4	The Scottish Courts and Tribunals Service	For all remaining purposes(2)
The following provisions of schedule 5—	Modifications of enactments
Paragraphs 1 to 3	Sheriff courts
Paragraph 4(a)	Repeal of sections 4 to 7 of the Sheriff Courts (Scotland) Act 1907	For the purpose of repealing sections 4 to 6 of the Sheriff Courts (Scotland) Act 1907
Paragraph 4(b) and (c)	Repeal of sections 10, 11 and 14 of the Sheriff Courts (Scotland) Act 1907
Paragraph 4(f)	Repeal of sections 39 and 40 of the Sheriff Courts (Scotland) Act 1907	For the purpose of repealing section 40 of the Sheriff Courts (Scotland) Act 1907
Paragraph 5	Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927
Paragraph 6(1) and (2)	Repeal of the Sheriff Courts (Scotland) Act 1971, other than sections 2(3) and 3(4)(3)	For the purpose of repealing the whole of the Sheriff Courts (Scotland) Act 1971, with the exception of—
Paragraph 6(1) and (2)		(a) section 31 (privative jurisdiction); (b) section 35 (summary causes); (c) section 36(2) and (3) (procedure in summary causes); (d) sections 36A and 36B (small claims); (e) section 37 (remits); (f) section 38 (appeal in summary causes); (g) section 45 (interpretation).
Paragraph 7	Amendment of the Civil Jurisdiction and Judgments Act 1982
Paragraph 9	Amendment of the Judiciary and Courts (Scotland) Act 2008
Paragraph 10	Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927
Paragraph 11	Amendment of the Public Records (Scotland) Act 1937
Paragraph 12(1) and (4)	Amendment of the Administration of Justice (Scotland) Act 1972
Paragraph 16	Amendment of the Judiciary and Courts (Scotland) Act 2008
Paragraph 18	Amendment of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013
Paragraph 26	Repeal of section 2 of the Court of Law Fees (Scotland) Act 1895
Paragraphs 28 to 31	Regulation of procedure and fees
Paragraph 34	Amendment of the Promissory Oaths Act 1868
Paragraphs 36 to 38	Judges of the Court of Session
Paragraphs 42 to 45	Miscellaneous

(1)

Section 130 was brought into force for limited purposes by S.S.I. 2015/12 (C. 2).

(2)

Paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 were brought into force for limited purposes by S.S.I. 2015/12 (C. 2).

(3)

Sections 2(3) and 3(4) are repealed by the Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015 (S.I. 2015/700).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Courts Reform (Scotland) Act 2014 (“the Act”). Section 23(5) of the Act, which permits the Court of Session to make rules regulating a tribunal established under section 21 of the Act, comes into force on 12th March 2015. The provisions specified in column 1 of the table in the schedule to the Order come into force on 1st April 2015. The subject matter of these provisions is set out in column 2 of the table, and where provisions are brought into force only for a limited purpose, this purpose is given in column 3.

Articles 3 to 7 contain transitional and saving provisions.

Article 3 applies until the commencement of section 16(12) of the Act (which provides for all of the salaries and remuneration payable under that section to be paid by the Scottish Courts and Tribunals Service). It provides that the Scottish Ministers shall be responsible for the payment of the salaries and remuneration of sheriffs principal, sheriffs and summary sheriffs, and that the sums required for these payments shall be charged on the Scottish Consolidated Fund. It also provides that the remuneration of other judicial officers under that section shall be paid by the Scottish Courts and Tribunals Service.

Article 4 permits a tribunal constituted under section 21 of the Act (tribunal to consider fitness for office), to consider judicial conduct which took place prior to the commencement of that section.

Article 5 enables former sheriffs principal who have not reached the age of 75 to be appointed to act as Appeal Sheriffs in terms of section 51(1) of the Act (re-employment of former Appeal Sheriffs).

Article 6 saves acts of sederunt made under section 54 of the Sheriff Courts (Scotland) Act 1876 regulating commissary business from the repeal of that section by paragraph 3 of schedule 5 to the Act, and provides for that section to continue to have effect for the purpose of enabling their revocation.

Article 7 provides for existing subordinate legislation made under the powers specified in paragraph (2) of that Article to continue to have effect despite the repeal of those powers.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.S.I.No.
Section 130 and paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6), for the purposes of making subordinate legislation under the Judiciary and Courts (Scotland) Act 2008.	2nd February 2015	2015/12 (C. 2)