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Courts Reform (Scotland) Act 2014

Type Act of the Scottish Parliament

Publication 2014-11-10

Last updated 2022-05-10

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

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(a) an appeal to the Sheriff Appeal Court under section 110 (including such an appeal remitted to the Court of Session under section 112), and

(b) an appeal to the Court of Session under section 113 or 114.

(2) In the appeal, all prior decisions in the proceedings (whether made at first instance or at any stage of appeal) are open to review.

(3) Any party to the proceedings may insist in the appeal even though the party is not the one who initiated the appeal.

(4) An appeal to which this section applies does not prevent the immediate execution of any of the following, which may continue to have effect despite the appeal until recalled—

(a) a warrant to take inventories,

(b) a warrant to place effects in custody for the interim,

(d) an interim interdict.

Appeals to the Supreme Court

117

In the Court of Session Act 1988, for section 40 (appeals to the Supreme Court: appealable interlocutors) substitute—

(40) (1) An appeal may be taken to the Supreme Court against a decision of the Inner House mentioned in subsection (2), but only— (a) with the permission of the Inner House, or (b) if the Inner House has refused permission, with the permission of the Supreme Court. (2) The decisions are— (a) a decision constituting final judgment in any proceedings, (b) a decision in an exchequer cause, (c) a decision, on an application under section 29, to grant or refuse a new trial in any proceedings, (d) any other decision in any proceedings if— (i) there is a difference of opinion among the judges making the decision, or (ii) the decision is one sustaining a preliminary defence and dismissing the proceedings. (3) An appeal may be taken to the Supreme Court against any other decision of the Inner House in any proceedings, but only with the permission of the Inner House. (4) In an appeal against a decision mentioned in subsection (2)(c), the Supreme Court has the same powers as the Inner House had in relation to the application under section 29, including, in particular, the powers under sections 29(3) and 30(3). (5) No appeal may be taken to the Supreme Court against any decision of a Lord Ordinary. (6) But subsection (5) does not affect the operation of subsections (1) and (3) in relation to a decision of the Inner House in a review of a decision of a Lord Ordinary. (7) In an appeal to the Supreme Court under this section against a decision of the Inner House in any proceedings, all prior decisions in the proceedings (whether made at first instance or at any stage of appeal) are open to review by the Supreme Court. (8) This section is subject to— (a) sections 27(5) and 32(5), (b) any provision of any other enactment that restricts or excludes an appeal from the Court of Session to the Supreme Court. (9) This section does not affect any right of appeal from the Court of Session to the Supreme Court that arises apart from this section. (10) In this section— - “final judgment”, in relation to any proceedings, means a decision which, by itself or taken along with prior decisions in the proceedings, disposes of the subject matter of the proceedings on its merits, even though judgment may not have been pronounced on every question raised or expenses found due may not have been modified, taxed or decerned for, - “preliminary defence”, in relation to any proceedings, means a defence that does not relate to the merits of the proceedings. (40A) (1) An application to the Inner House for permission to take an appeal under section 40(1) or (3) must be made— (a) within the period of 28 days beginning with the date of the decision against which the appeal is to be taken, or (b) within such longer period as the Inner House considers equitable having regard to all the circumstances. (2) An application to the Supreme Court for permission to take an appeal under section 40(1) must be made— (a) within the period of 28 days beginning with the date on which the Inner House refuses permission for the appeal, or (b) within such longer period as the Supreme Court considers equitable having regard to all the circumstances. (3) The Inner House or the Supreme Court may grant permission for an appeal under section 40(1) or (3) only if the Inner House or, as the case may be, the Supreme Court considers that the appeal raises an arguable point of law of general public importance which ought to be considered by the Supreme Court at that time.

PART 6 — CRIMINAL APPEALS

Appeals from summary criminal proceedings

Appeals to the Sheriff Appeal Court from summary criminal proceedings

118

(1) There are transferred to and vested in the Sheriff Appeal Court all the powers and jurisdiction of the High Court of Justiciary (whether under an enactment or otherwise) so far as relating to appeals from courts of summary criminal jurisdiction.

(2) Subsection (1) does not apply to the nobile officium of the High Court.

(3) Schedule 3 (which modifies the Criminal Procedure (Scotland) Act 1995 in consequence of subsection (1)) has effect.

Appeals from the Sheriff Appeal Court to the High Court

119

In the Criminal Procedure (Scotland) Act 1995, after Part X (appeals from summary proceedings), insert—

(194ZB) (1) An appeal on a point of law may be taken to the High Court against any decision of the Sheriff Appeal Court in criminal proceedings, but only with the permission of the High Court. (2) An appeal under subsection (1) may be taken by any party to the appeal in the Sheriff Appeal Court. (3) The High Court may give permission for an appeal under subsection (1) only if the Court considers that— (a) the appeal would raise an important point of principle or practice, or (b) there is some other compelling reason for the Court to hear the appeal. (4) An application for permission for an appeal under subsection (1) must be made before the end of the period of 14 days beginning with the day on which the decision of the Sheriff Appeal Court that would be the subject of the appeal was made. (5) The High Court may extend the period of 14 days mentioned in subsection (4) if satisfied that doing so is justified by exceptional circumstances. (194ZC) (1) An appeal under section 194ZB(1) is to be made by way of note of appeal. (2) A note of appeal must specify the point of law on which the appeal is being made. (3) For the purposes of considering and deciding an appeal under section 194ZB(1)— (a) three of the judges of the High Court are to constitute a quorum of the Court, (b) decisions are to be taken by a majority vote of the members of the Court sitting (including the presiding judge), (c) each judge sitting may pronounce a separate opinion. (194ZD) (1) An application to the High Court for permission for an appeal under section 194ZB(1) is to be determined by a single judge of the High Court. (2) If the judge gives permission for the appeal, the judge may make comments in writing in relation to the appeal. (3) If the judge refuses permission for the appeal— (a) the judge must give reasons in writing for the refusal, and (b) where the appellant is on bail and the sentence imposed on the appellant on conviction is one of imprisonment, the judge must grant a warrant to apprehend and imprison the appellant. (4) A warrant under subsection (3)(b) does not take effect until the expiry of the period of 14 days mentioned in section 194ZE(1) (or, where that period is extended under section 194ZE(2) before the period being extended expires, until the expiry of the period as so extended) without an application for permission having been lodged by the appellant under section 194ZE(1). (194ZE) (1) Where the judge refuses permission for the appeal under section 194ZD, the appellant may, within the period of 14 days beginning with the day on which intimation of the decision is given under section 194ZF(2), apply again to the High Court for permission for the appeal. (2) The High Court may extend the period of 14 days mentioned in subsection (1), or that period as extended under this subsection, whether or not the period to be extended has expired. (3) The High Court may extend a period under subsection (2) only if satisfied that doing so is justified by exceptional circumstances. (4) Three of the judges of the High Court are to constitute a quorum for the purposes of considering an application under subsection (1). (5) If the High Court gives permission for the appeal, the Court may make comments in writing in relation to the appeal. (6) If the High Court refuses permission for the appeal— (a) the Court must give reasons in writing for the refusal, and (b) where the appellant is on bail and the sentence imposed on the appellant on conviction is one of imprisonment, the Court must grant a warrant to apprehend and imprison the appellant. (194ZF) (1) An application for permission for an appeal under section 194ZB(1) is to be considered and determined (whether under section 194ZD or 194ZE)— (a) in chambers without the parties being present, (b) by reference to section 194ZB(3), and (c) on the basis of consideration of— (i) the note of appeal under section 194ZC(1), and (ii) such other document or information (if any) as may be specified by act of adjournal. (2) The Clerk of Justiciary must, as soon as possible, intimate to the appellant or the appellant's solicitor and to the Crown Agent— (a) a decision under section 194ZD or 194ZE determining the application for permission for an appeal, and (b) in the case of a refusal of permission for the appeal, the reasons for the decision. (194ZG) (1) Comments in writing made under section 194ZD(2) or 194ZE(5) may specify the arguable grounds of appeal (whether or not they were stated in the note of appeal) on the basis of which permission for the appeal was given. (2) Where the arguable grounds of appeal are specified under subsection (1), the appellant may not, except with the permission of the High Court on cause shown, found any aspect of the appeal on a ground of appeal stated in the application for permission but not specified under subsection (1). (3) An application by the appellant for permission under subsection (2) must— (a) be made before the end of the period of 14 days beginning with the date of intimation under section 194ZF(2), and (b) be intimated by the appellant to the Crown Agent before the end of that period. (4) The High Court may extend the period of 14 days mentioned in subsection (3) if satisfied that doing so is justified by exceptional circumstances. (5) The appellant may not, except with the permission of the High Court on cause shown, found any aspect of the appeal on a matter not stated in the note of appeal (or in a duly made amendment or addition to the note of appeal). (6) Subsection (5) does not apply in relation to a matter specified as an arguable ground of appeal under subsection (1). (194ZH) (1) In disposing of an appeal under section 194ZB(1), the High Court may— (a) remit the case back to the Sheriff Appeal Court with its opinion and any direction as to further procedure in, or disposal of, the case, or (b) exercise any power that the Sheriff Appeal Court could have exercised in relation to disposal of the appeal proceedings before that Court. (2) So far as necessary for the purposes or in consequence of the exercise of a power by the High Court by virtue of subsection (1)(b)— (a) references in Part X to the Sheriff Appeal Court are to be read as including references to the High Court, and (b) references in Part X to a verdict of or sentence passed by the inferior court are to be read as incuding references to a verdict of or sentence passed by the Sheriff Appeal Court in disposing of the appeal before it. (3) Subsections (1)(b) and (2) do not affect any power in relation to the consideration or disposal of appeals that the High Court has apart from those subsections. (194ZI) (1) Section 177 (procedure where appellant in custody) applies in the case where a party making an appeal (other than an excepted appeal) under section 194ZB(1) is in custody as it applies in the case where an appellant making an application under section 176 is in custody. (2) In subsection (1), “excepted appeal” means an appeal against a decision of the Sheriff Appeal Court in— (a) an appeal under section 32, or (b) an appeal under section 177(3). (194ZJ) An appellant in an appeal under section 194ZB(1) may at any time abandon the appeal by minute to that effect— (a) signed by the appellant or the appellant's solicitor, (b) lodged with the Clerk of Justiciary, and (c) intimated to the respondent or the respondent's solicitor. (194ZK) (1) Every interlocutor and sentence (including disposal or order) pronounced by the High Court in disposing of an appeal relating to summary proceedings is final and conclusive and not subject to review by any court whatsoever. (2) Subsection (1) is subject to— (a) Part XA and section 288AA, and (b) paragraph 13(a) of Schedule 6 to the Scotland Act 1998. (3) It is incompetent to stay or suspend any execution or diligence issuing from the High Court under this Part, except for the purposes of an appeal under— (a) section 288AA, or (b) paragraph 13(a) of Schedule 6 to the Scotland Act 1998. (194ZL) If any period of time specified in this Part expires on a Saturday, Sunday or court holiday prescribed for the relevant court, the period is extended to expire on the next day which is not a Saturday, Sunday or such a court holiday.

Power to refer points of law for the opinion of the High Court

120

In the Criminal Procedure (Scotland) Act 1995, after section 175, insert—

(175A) (1) In an appeal under this Part, the Sheriff Appeal Court may refer a point of law to the High Court for its opinion if it considers that the point is a complex or novel one. (2) The Sheriff Appeal Court may make a reference under subsection (1)— (a) on the application of a party to the appeal proceedings, or (b) on its own initiative. (3) On giving its opinion on a reference under subsection (1), the High Court may also give a direction as to further procedure in, or disposal of, the appeal.

References by the Scottish Criminal Cases Review Commission

121

(1) In the Criminal Procedure (Scotland) Act 1995, section 194B (references by the Commission) is amended in accordance with this section.

(2) In subsection (1), after “High Court”, in the first place where those words appear, insert “ or the Sheriff Appeal Court ”.

(3) After subsection (3), insert—

(3A) For the purposes of an appeal under Part X of this Act in a case referred to the High Court under subsection (1)— (a) the High Court may exercise in the case all the powers and jurisdiction that the Sheriff Appeal Court would, had the case been an appeal to that Court, have had in relation to the case by virtue of section 118 of the Courts Reform (Scotland) Act 2014, and (b) accordingly, Part X of this Act has effect in relation to the case subject to the following modifications— (i) references to the Sheriff Appeal Court are to be read as references to the High Court, (ii) references to an Appeal Sheriff are to be read as references to a judge of the High Court, (iii) references to the Clerk of the Sheriff Appeal Court are to be read as reference to the Clerk of Justiciary.

Bail appeals

122

(1) Section 32 of the Criminal Procedure (Scotland) Act 1995 (bail appeals) is amended in accordance with this section.

(2) In each of subsections (1), (2), (3H)(a), (3I), (4), (5) and (7) for “High Court” substitute “ appropriate Appeal Court ”.

(3) For subsections (3D) and (3E) substitute—

(3CA) The clerk of the court from which the appeal is to be taken (unless that clerk is the Clerk of Justiciary) must— (a) send the notice of appeal without delay to the clerk of the appropriate Appeal Court, and (b) before the end of the day after the day of receipt of the notice of appeal, send the judge's report (if provided by then) to the clerk of the appropriate Appeal Court.

(4) In each of subsections (3F), (3G) and (10), for “Clerk of Justiciary” in each place it occurs substitute “ clerk of the appropriate Appeal Court ”.

(5) In subsection (3H)—

(a) for “Where” substitute “ In a case where the Sheriff Appeal Court is the appropriate Appeal Court, if ”, and

(b) for “(3E)” substitute “ (3CA) ”.

(6) In each of subsections (4) and (5), for “Lord Commissioner of Justiciary” substitute “ judge of the appropriate Appeal Court ”.

(7) In subsection (7B)(a), for “High Court” substitute “ the appropriate Appeal Court ”.

(8) After subsection (10), insert—

(11) In this section— - “appropriate Appeal Court” means— 1. in the case of an appeal under this section against a bail decision of the High Court or a judge of the High Court, that Court, 2. in the case of an appeal under this section against a bail decision of the Sheriff Appeal Court, the High Court, 3. in the case of an appeal under this section against a bail decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court, - “judge of the appropriate Appeal Court” means— 1. in a case where the High Court is the appropriate Appeal Court, judge of that Court, 2. in a case where the Sheriff Appeal Court is the appropriate Appeal Court, Appeal Sheriff, - “the clerk of the appropriate Appeal Court” means— 1. in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary, 2. in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court. (12) In a case where the Sheriff Appeal Court is the appropriate Appeal Court, the references in subsections (3G)(b) and (10) to the Crown Agent are to be read as references to the prosecutor.

PART 7 — JUDGES OF THE COURT OF SESSION

Appointment of Court of Session judges, etc.

123

In the Judiciary and Courts (Scotland) Act 2008, for sections 21 to 23 substitute—

(20A) (1) An individual is qualified for appointment as a judge of the Court of Session if the individual— (a) immediately before the appointment— (i) held the office of sheriff principal or sheriff, and (ii) had held office as either sheriff principal or sheriff throughout the period of 5 years immediately preceding the appointment, or (b) at the time of appointment— (i) is a solicitor having a right of audience in the Court of Session or the High Court of Justiciary under section 25A of the Solicitors (Scotland) Act 1980 (rights of audience), and (ii) has been such a solicitor throughout the period of 5 years immediately preceding the appointment. (2) Subsection (1) does not affect an individual's qualification for appointment as a judge of the Court of Session by virtue of article xix of the Union with England Act 1707. (20B) (1) The Scottish Ministers may appoint an individual to act as a judge of the Court of Session; and an individual so appointed is to be known as a “temporary judge”. (2) An individual appointed under subsection (1) may also, by virtue of the appointment, act as a judge of the High Court of Justiciary. (3) The Scottish Ministers may appoint an individual under subsection (1) only if— (a) the individual is qualified for appointment as a judge of the Court of Session, and (b) the Scottish Ministers have consulted the Lord President before making the appointment. (4) Subject to section 20C, an appointment as a temporary judge lasts for 5 years. (5) Subject to subsection (6), an individual appointed under subsection (1) is, while acting as a judge of the Court of Session or the High Court of Justiciary, to be treated for all purposes as a judge of that Court and may exercise the jurisdiction and powers that attach to that office. (6) Such an individual is not to be treated as a judge of the Court of Session for the purposes of any enactment or rule of law relating to— (a) the appointment, tenure of office, retirement, removal or disqualification of judges of that Court (including, without limiting that generality, any enactment or rule of law relating to the number of judges who may be appointed), (b) the remuneration, allowances or pensions of such a judge. (7) The appointment of an individual under subsection (1) does not affect— (a) any appointment of the individual as a sheriff principal or sheriff, or (b) the individual's continuing with any business or professional occupation not inconsistent with the individual acting as a judge. (20C) (1) A temporary judge whose appointment comes to an end by virtue of the expiry of the 5 year period mentioned in section 20B(4) is to be reappointed unless— (a) the temporary judge declines reappointment, (b) the Lord President has made a recommendation to the Scottish Ministers against the reappointment, or (c) the temporary judge has sat for fewer than 50 days in total in that 5 year period. (2) Section 20B (apart from subsection (3)) applies to a reappointment under subsection (1) as it applies to an appointment. (3) A temporary judge whose appointment comes to an end by resignation under section 20D may be reappointed. (4) Section 20B applies to a reappointment under subsection (3) as it applies to an appointment. (20D) (1) A temporary judge may resign at any time by giving notice to that effect to the Scottish Ministers. (2) An individual's appointment as a temporary judge ends— (a) when the individual resigns in accordance with subsection (1), (b) when the individual retires from office, or (c) if the individual is removed from office as such under section 39 (temporary judges: removal from office). (20E) (1) The Lord President may appoint a qualifying former judge to act as a judge of the Court of Session. (2) An individual appointed under subsection (1) may also, by virtue of the appointment, act as a judge of the High Court of Justiciary. (3) An individual so appointed may act as a judge only during such periods or on such occasions as the Lord President may determine. (4) The Lord President may make an appointment under subsection (1) only if it appears to the Lord President to be expedient as a temporary measure in order to facilitate the disposal of business in the Court of Session or the High Court of Justiciary. (5) A “qualifying former judge” is an individual who— (a) has ceased to hold the office of— (i) judge of the Court of Session other than by virtue of section 95(6) of the Scotland Act 1998, or (ii) Justice of the Supreme Court or President or Deputy President of that Court and who, at the time of being appointed to the office in question, was eligible for appointment as a judge in the Court of Session, and (b) has not reached the age of 75. (20F) (1) Subject to subsection (2), an individual's appointment under section 20E(1) lasts until recalled by the Lord President. (2) An individual's appointment under section 20E(1) ceases when the individual reaches the age of 75. (3) Despite the ending of an individual's appointment under section 20E(1)— (a) the individual may continue to deal with, give judgment in or deal with an ancillary matter relating to, a case begun before the individual while acting under that appointment, (b) so far as necessary for that purpose, and for the purpose of any subsequent proceedings arising out of the case or matter, the individual is to be treated as acting or, as the case may be, having acted under that appointment. (4) Subject to subsection (5), an individual appointed under section 20E(1) is, while acting as a judge of the Court of Session or the High Court of Justiciary, to be treated for all purposes as a judge of that Court and may exercise the jurisdiction and powers that attach to that office. (5) Such an individual is not to be treated as a judge of the Court of Session for the purposes of any enactment or rule of law relating to— (a) the appointment, tenure of office, retirement, removal or disqualification of judges of that Court (including, without limiting that generality, any enactment or rule of law relating to the number of judges who may be appointed), (b) the oaths to be taken by such judges, (c) the remuneration, allowances or pensions of such a judge. (20G) (1) The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to an individual appointed under section 20B(1) or 20E(1) such remuneration as the Scottish Ministers may determine. (2) The Scottish Ministers may determine different amounts of remuneration for— (a) different individuals so appointed, or (b) different descriptions of individuals so appointed. (3) The SCTS may pay to an individual appointed under section 20B(1) or 20E(1) such sums as it may determine in respect of expenses reasonably incurred by the individual in the performance of, or in connection with, the individual's duties. (4) The SCTS may— (a) determine the circumstances in which such sums may be paid, and (b) determine different circumstances for different individuals.

Payment of salaries of Court of Session judges

124

(1) The salaries and allowances of judges of the Court of Session determined under section 9 of the Administration of Justice Act 1973 (judicial salaries) are to be paid by the Scottish Courts and Tribunals Service.

(2) Sums required by the Scottish Courts and Tribunals Service for the payment of such salaries and such allowances are charged on the Scottish Consolidated Fund.

Expenses

125

(1) The Scottish Courts and Tribunals Service may pay to a Senator of the College of Justice such sums as it may determine in respect of expenses reasonably incurred by the Senator in the performance of, or in connection with, the Senator's duties.

(2) The Scottish Courts and Tribunals Service may—

(a) determine the circumstances in which sums may be paid, and

(b) determine different circumstances for—

(i) different Senators,

(ii) different descriptions of Senators,

(iii) the different duties of Senators.

PART 8 — SCOTTISH LAND COURT

Scottish Land Court: remuneration and expenses

126

(1) Schedule 1 to the Scottish Land Court Act 1993 (the Land Court) is amended in accordance with this section.

(2) For paragraph 3 substitute—

(3) (1) The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to the Chairman of the Land Court such salary as the Treasury may determine. (2) The SCTS is to pay to each of the other members of the Land Court such salary as the SCTS may determine. (3) Sums required by the SCTS for the payment of a salary under this paragraph are charged on the Scottish Consolidated Fund. (3A) (1) The SCTS may pay to a member of the Land Court such sums as it may determine in respect of expenses reasonably incurred by the member in the performance of, or in connection with, the member's duties. (2) The SCTS may— (a) determine the circumstances in which sums may be paid, and (b) determine different circumstances for different members.

(3) For paragraph 18 substitute—

(18) (1) The Scottish Ministers are to pay to each of the following persons such remuneration as they may determine— (a) the principal clerk of the Land Court, (b) persons appointed or employed under paragraph 8 of this Schedule. (2) The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to each of the following persons such remuneration as the SCTS may determine— (a) persons nominated under paragraph 7A of this Schedule, (b) persons appointed under paragraph 10 of this Schedule. (3) The SCTS may pay to each of the following persons such sums as it may determine in respect of expenses reasonably incurred by the person in the performance of, or in connection with, the person's duties— (a) persons nominated under paragraph 7A of this Schedule, (b) persons appointed under paragraph 10 of this Schedule. (4) The SCTS may— (a) determine the circumstances in which sums may be paid, and (b) determine different circumstances for different persons. (5) Expenditure incurred by the Land Court in the performance of its functions may be paid by the Scottish Ministers.

PART 9 — JUSTICE OF THE PEACE COURTS

Establishing, relocating and disestablishing justice of the peace courts

127

(1) Section 59 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (establishing etc. JP courts) is amended in accordance with subsections (2) and (3).

(2) In each of subsections (2) and (6), after “may” insert “ , following submission of a proposal under subsection (7), ”.

(3) For subsections (7) and (7A) substitute—

(7) The Scottish Courts and Tribunals Service may, with the agreement of the Lord President, submit a proposal to the Scottish Ministers for the making of an order under subsection (2) or (6). (7A) Before submitting a proposal to the Scottish Ministers, the Scottish Courts and Tribunals Service must consult such persons as it considers appropriate. (7B) If, following submission of a proposal, the Scottish Ministers decide to make an order, they must have regard to the proposal in deciding what provision to make in the order. (7C) The Scottish Ministers may make an order under subsection (2) or (6) only with the consent of— (a) the Lord President, and (b) the Scottish Courts and Tribunals Service.

(4) In section 81(3)(a) of that Act (orders under the Act that are subject to affirmative procedure), after “56” insert “ , 59(2) or (6) ”.

Abolition of the office of stipendiary magistrate

128

(1) The office of stipendiary magistrate is abolished.

(2) Subsection (3) applies to a person who, immediately before this section comes into force, holds office as a full-time stipendiary magistrate.

(3) The person is to be appointed, by virtue of this subsection, as a summary sheriff unless the person declines the appointment.

(4) Subsection (3) applies regardless of whether the person is qualified for appointment as a summary sheriff.

(5) Subsection (6) applies to a person who, immediately before this section comes into force, holds office as a part-time stipendiary magistrate.

(6) The person is to be appointed, by virtue of this subsection, as a part-time summary sheriff unless the person declines the appointment.

(7) Subsection (6) applies regardless of whether the person is qualified for appointment as a part-time summary sheriff.

(8) A person appointed—

(a) as a summary sheriff by virtue of subsection (3) is to be treated for all purposes as if appointed as such under section 5(2),

(b) as a part-time summary sheriff by virtue of subsection (6) is to be treated for all purposes as if appointed as such under section 10(1).

Summary sheriffs to sit in justice of the peace courts

129

A summary sheriff of a sheriffdom may constitute, and exercise the jurisdiction and powers of, any justice of the peace court established for any sheriff court district in the sheriffdom.

PART 10 — THE SCOTTISH COURTS AND TRIBUNALS SERVICE

The Scottish Courts and Tribunals Service

130

(1) The Scottish Court Service is renamed and is to be known as the Scottish Courts and Tribunals Service (“the SCTS”).

(2) After section 61 of the Judiciary and Courts (Scotland) Act 2008 insert—

(61A) (1) The SCTS has the function of providing, or ensuring the provision of, the property, services, officers and other staff required for the purposes of— (a) the Scottish Tribunals, (b) the members of those Tribunals, and (c) such other tribunals (and their members) as the Scottish Ministers may by order specify. (2) In carrying out that function, the SCTS must— (a) take account, in particular, of the needs of members of the public and those involved in proceedings in the tribunals, and (b) so far as practicable and appropriate, co-operate and co-ordinate activity with any other person having functions in relation to the administration of justice. (3) In this Part, references to— (a) the Scottish Tribunals are to the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland, (b) the members of the Scottish Tribunals are to be construed in accordance with the Tribunals (Scotland) Act 2014.

(3) Schedule 4, which makes further provision in relation to the Scottish Courts and Tribunals Service, has effect.

(4) Any reference in any enactment to the Scottish Court Service is, unless the contrary intention appears, to be construed as a reference to the Scottish Courts and Tribunals Service.

PART 11 — THE JUDICIAL APPOINTMENTS BOARD FOR SCOTLAND

Assistants to the Judicial Appointments Board for Scotland

131

(1) In schedule 1 to the Judiciary and Courts (Scotland) Act 2008 (the Judicial Appointments Board for Scotland)—

(a) after paragraph 13 insert—

(13A) (1) The Board may appoint persons (other than Board members) to assist the Board with the carrying out of its functions. (2) The Board may appoint persons under sub-paragraph (1) as— (a) legal assistants, or (b) lay assistants. (3) A person may be appointed as a legal assistant if the person is a solicitor or advocate practising as such in Scotland. (4) A person may be appointed as a lay assistant if the person is eligible for appointment as a lay member of the Board. (5) It is for the Board to determine the number of persons who may be appointed under this paragraph. (6) A person who is disqualified from membership of the Board by virtue of paragraph 5 is also disqualified from being a legal assistant or a lay assistant. (7) Persons appointed under this paragraph are to be appointed for such period of not more than 3 years as the Board may determine. (8) At the end of a period of appointment, a person may be reappointed. (9) A person appointed under this paragraph may resign by giving notice in writing to the Board. (10) The Chairing Member may, by notice in writing, rescind a person's appointment under this paragraph if satisfied that the person— (a) has been convicted of any offence, (b) has become insolvent, or (c) is otherwise unfit to be a legal assistant or, as the case may be, a lay assistant or unable for any reason to discharge the functions of such an assistant. (11) Each person appointed under this paragraph is entitled to such fees and expenses, if any, as the Scottish Ministers may determine. (12) It is for the Scottish Ministers to pay those fees and expenses. (13B) (1) A person appointed under paragraph 13A(1) as a legal assistant may, so far as authorised by the Board, do anything that a legal member of the Board may do, other than take part in a decision of the Board to recommend an individual for appointment. (2) A person appointed under paragraph 13A(1) as a lay assistant may, so far as authorised by the Board, do anything that a lay member of the Board may do, other than take part in a decision of the Board to recommend an individual for appointment. (3) The Board must issue (and may from time to time revise) a code of conduct for persons appointed under paragraph 13A(1). (4) Persons appointed under paragraph 13A(1) must have regard to the provisions of the code of conduct while assisting the Board in the carrying out of its functions.

(b) in paragraph 16A (proceedings relating to the Scottish Tribunals), after sub-paragraph (6) insert—

(6A) Sub-paragraph (6B) applies if— (a) the Board is exercising any function under this Act in connection with a position mentioned in section 10(2A), (b) the Board authorises a person appointed under paragraph 13A(1) to assist it in relation to any proceedings relating to the function, and (c) the person authorised to assist the Board in relation to the proceedings is a member of the Scottish Tribunals. (6B) The member of the Scottish Tribunals selected under sub-paragraph (3) may elect not to take part in the proceedings in respect of which the assistant is authorised to assist.

(2) In paragraph 10(1)(b) of schedule 9 to the Tribunals (Scotland) Act 2014, (transitional provision: making appointments), for “and (3)” substitute “ , (3), (6A) and (6B) ”.

PART 12 — GENERAL

Modifications of enactments

132

Schedule 5 makes minor modifications of enactments and modifications consequential on the provisions of this Act.

Subordinate legislation

133

(1) Any power of the Scottish Ministers to make an order under this Act includes power to make—

(a) different provision for different purposes or areas,

(b) incidental, supplemental, consequential, transitional, transitory or saving provision.

(2) The following orders are subject to the affirmative procedure—

(a) an order under section 2(1), 39(5), 44(3), 72(12), 81(1), 107(4) or 135(2) or paragraph 3(5) of schedule 4, or

(b) an order under section 137(1) containing provisions which add to, replace or omit any part of the text of an Act.

(3) All other orders made by the Scottish Ministers under this Act are subject to negative procedure.

(4) This section does not apply to an order under section 138(2).

References to “sheriff”

134

(1) In this Act, references to a sheriff include references to any other member of the judiciary of a sheriffdom, so far as that member has the jurisdiction and competence that attaches to the office of sheriff.

(2) So far as necessary for the purposes, or in consequence, of the exercise by a member of the judiciary of a sheriffdom other than a sheriff of the jurisdiction and competence of a sheriff, references in any other enactment to a sheriff are to be read as including references to any of the members of the judiciary of a sheriffdom.

(3) Subsections (1) and (2) do not apply—

(a) to references to the office of sheriff,

(b) to any provision of this Act or any other enactment relating to—

(i) the appointment, retirement, removal or disqualification of sheriffs,

(ii) the tenure of office of, and oaths to be taken by, sheriffs,

(iii) the remuneration, allowances or pensions of sheriffs,

Definition of “family proceedings”

135

(1) In this Act, “family proceedings” means proceedings for or in relation to—

(a) divorce,

(b) separation,

(d) declarator of non-parentage,

(e) an order under section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities, etc.) other than an application for the appointment of a judicial factor mentioned in subsection (2)(g) of that section to which Part 1 of the Act of Sederunt (Judicial Factors Rules) 1992 (S.I. 1992/272) applies,

(f) aliment (including affiliation and aliment),

(g) financial provision after a divorce or annulment in an overseas country within the meaning of Part 4 of the Matrimonial and Family Proceedings Act 1984 (financial provision in Scotland after overseas divorce, etc.),

(h) an order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981,

(i) variation or recall of an order mentioned in section 8(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (variation and recall by the sheriff of certain orders made by the Court of Session),

(j) declarator of marriage,

(k) declarator of nullity of marriage,

(l) declarator of recognition, or non-recognition, of a relevant foreign decree within the meaning of section 7(9) of the Domicile and Matrimonial Proceedings Act 1973,

(m) an order under section 28(2) (financial provision where cohabitation ends otherwise than by death) or section 29(2) (application by survivor cohabitant for provision on intestacy) of the Family Law (Scotland) Act 2006,

(n) dissolution of civil partnership,

(o) separation of civil partners,

(p) declarator of nullity of civil partnership,

(q) an order under Chapter 3 (occupancy rights and tenancies) or Chapter 4 (interdicts) of Part 3 of the Civil Partnership Act 2004,

(r) a declarator or other order under section 127 of that Act (attachment),

(s) financial provision after overseas proceedings as provided for in Schedule 11 to that Act (financial provision in Scotland after overseas proceedings).

(2) The Scottish Ministers may by order modify subsection (1).

Interpretation

136

(1) In this Act, unless the context requires otherwise—

“advocate” means a member of the Faculty of Advocates,

“all-Scotland sheriff court” is to be construed in accordance with section 42(7),

“civil proceedings” includes—proceedings under the Children's Hearings (Scotland) Act 2011, andproceedings for contempt of court where the contempt—arises in, or in connection with, civil proceedings, orrelates to an order made in civil proceedings,

“decision”, in relation to a sheriff, judge or court, includes interlocutor, order or judgment,

“final judgment” means a decision which, by itself, or taken along with previous decisions, disposes of the subject matter of proceedings, even though judgment may not have been pronounced on every question raised or expenses found due may not have been modified, taxed or decerned for,

“sheriff clerk” includes sheriff clerk depute,

“solicitor” means a solicitor enrolled in the roll of solicitors kept under section 7 of the Solicitors (Scotland) Act 1980.

(2) In this Act, references to the judiciary of a sheriffdom are, in relation to a sheriffdom, references to the following—

(a) the sheriff principal of the sheriffdom,

(b) any other sheriff principal so far as authorised under section 30 to perform the functions of the sheriff principal of the sheriffdom,

(d) the sheriffs and summary sheriffs of the sheriffdom,

(e) any other sheriffs or summary sheriffs so far as directed under section 31 to perform the functions of sheriff or summary sheriff in the sheriffdom,

(f) any part-time sheriffs and part-time summary sheriffs for the time being sitting in the sheriffdom,

(g) any person appointed under section 12(1) to act as a sheriff or summary sheriff of the sheriffdom,

and references to a “member” of the judiciary of a sheriffdom are to be construed accordingly.

(3) In this Act, references to proceedings in the sheriff court are references to proceedings before any member of the judiciary of a sheriffdom.

Ancillary provision

137

(1) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2) An order under this section may modify any enactment (including this Act), instrument or document.

Commencement

138

(1) This Part, other than sections 132 and 134(2), comes into force on the day after Royal Assent.

(2) The remaining provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.

(3) An order under subsection (2) may include transitional, transitory or saving provision.

Short title

139

The short title of this Act is the Courts Reform (Scotland) Act 2014.

SCHEDULE 1

Family proceedings

1

Family proceedings.

Domestic abuse proceedings

2

Proceedings for or in relation to—

(a) an action of harassment under section 8(2) of the Protection from Harassment Act 1997,

(b) an exclusion order under section 4(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981,

(d) a domestic interdict (within the meaning of section 18A of that Act),

(e) an exclusion order under section 104 of the Civil Partnership Act 2004,

(f) a relevant interdict (within the meaning of section 113 of that Act).

Adoption proceedings

3

Proceedings for or in relation to—

(a) an adoption order within the meaning of section 28(1) of the Adoption and Children (Scotland) Act 2007,

(b) an order under section 59(1) of that Act (preliminary order where child to be adopted abroad),

Children’s hearings proceedings

4

Proceedings under the Children's Hearings (Scotland) Act 2011.

Forced marriage proceedings

5

Proceedings for or in relation to—

(a) a forced marriage protection order under section 1(1) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011,

(b) an interim forced marriage protection order under section 5(1) of that Act.

Warrants and interim orders

6

The granting of—

(a) a warrant of citation (including such warrants where the address of the defender is unknown),

(b) an interim interdict,

(d) an order to recall an interim interdict.

Diligence proceedings

7

Proceedings under—

(a) Part 1A of the Debtors (Scotland) Act 1987 (diligence on the dependence) (including proceedings to which that Part is applied by section 15N of that Act), other than proceedings in which there is claimed, in addition or as an alternative to a warrant, a decree for payment of a sum of money exceeding £5,000,

(b) Part III of that Act (diligence against earnings),

(d) Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (attachment of money).

8

The receipt of a report of money attachment under section 182(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007.

9

The granting of authority to begin or continue execution of a decree for removing from heritable property under section 217(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007.

10

Proceedings for or in relation to—

(a) a warrant for the arrest of a ship on the dependence of an action or for the arrest of a ship in rem under section 47 of the Administration of Justice Act 1956, other than proceedings in which there is claimed, in addition or as an alternative to a warrant, a decree for payment of a sum of money exceeding £5,000,

(b) an order for the sale of a ship arrested on the dependence of an action under section 47E of that Act, other than an order relating to a decree for payment of a sum of money exceeding £5,000.

Extension of time to pay debts

11

Proceedings for or in relation to—

(a) a time to pay direction under section 1 of the Debtors (Scotland) Act 1987,

(b) a time to pay order under section 5 of that Act.

Simple procedure

12

A simple procedure case within the meaning of section 72(9).

SCHEDULE 2

The transitional period

1

In this schedule, “the transitional period” means the period of 3 years beginning with the day on which section 46 comes into force.

Appointment of Senators of the College of Justice to act as Appeal Sheriffs

2

(1) The Lord President of the Court of Session may appoint persons holding the office of Senator of the College of Justice to act as Appeal Sheriffs for the transitional period.

(2) The Lord President may appoint as many persons under sub-paragraph (1) as the Lord President considers necessary for the purposes of the Sheriff Appeal Court during the transitional period.

(3) A person may be appointed under sub-paragraph (1) only if the person has held office as a Senator of the College of Justice for at least one year.

(4) The appointment of a Senator of the College of Justice to act as an Appeal Sheriff does not affect the Senator's appointment as a Senator and the Senator may accordingly continue to act in that capacity.

(5) A person appointed under sub-paragraph (1) is to be treated for all purposes (other than for the purposes of the enactments specified in sub-paragraph (6)) as an Appeal Sheriff and may exercise the jurisdiction and powers that attach to the office of Appeal Sheriff.

(6) The enactments referred to in sub-paragraph (5) are—

(a) sections 50 and 51,

(b) section 304(2)(c)(zi) of the Criminal Procedure (Scotland) Act 1995.

Tenure

3

(1) A person's appointment under paragraph 2(1) ceases—

(a) if the person ceases to hold office as a Senator of the College of Justice,

(b) on the expiry of the transitional period.

(2) If a person appointed under paragraph 2(1) is suspended from office as a Senator of the College of Justice for any period, the person's appointment under paragraph 2(1) is also suspended for the same period.

(3) The Lord President may, after consulting the President of the Sheriff Appeal Court, recall a person's appointment under paragraph 2(1).

(4) The recall of a person's appointment under sub-paragraph (3) does not affect the person's appointment as a Senator of the College of Justice.

Savings

4

Despite the ending by virtue of paragraph 3(1)(b) of a person's appointment under paragraph 2(1)—

(a) the person may continue to deal with, give judgment in or deal with an ancillary matter relating to, a case begun before the person while acting under that appointment,

(b) so far as necessary for that purpose, and for the purpose of any subsequent proceedings arising out of the case or matter, the person is to be treated as acting, or having acted, under that appointment.

SCHEDULE 3

1

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

2

(1) Section 173 (quorum of court in relation to appeals) is amended in accordance with this paragraph.

(2) The title becomes “ Quorum of Sheriff Appeal Court in relation to appeals ”.

(3) In each of subsections (1) and (2)—

(a) for “High Court” substitute “ Sheriff Appeal Court ”,

(b) for “judge” in each place where it occurs substitute “ Appeal Sheriff ”,

3

In section 174 (appeals relating to preliminary pleas), in each of subsections (1), (2) and (4), for “High Court” substitute “ Sheriff Appeal Court ”.

4

In section 175 (right of appeal), in each of subsections (2), (3), (4), (5) and (5E), for “High Court” substitute “ Sheriff Appeal Court ”.

5

In section 176(4) (stated case: manner and time of appeal), for “High Court” substitute “ Sheriff Appeal Court ”.

6

(1) Section 177 (procedure where appellant in custody) is amended in accordance with this paragraph.

(2) In subsection (3)—

(a) for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”,

(b) for “judge” in each place where it occurs substitute “ Appeal Sheriff ”.

(3) In each of subsections (3) and (4), for “High Court” substitute “ Sheriff Appeal Court ”.

7

In section 178(2) (stated case: preparation of draft), for “High Court” substitute “ Sheriff Appeal Court ”.

8

In section 179 (stated case: adjustment and signature), in each of subsections (8)(b) and (9), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

9

(1) Section 180 (leave to appeal against conviction etc.) is amended in accordance with this paragraph.

(2) In subsection (1), for “a judge” substitute “ an Appeal Sheriff ”.

(3) In each of subsections (1), (3), (4), (4A), (5), (8), (9) and (9A), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

(4) In each of subsections (2)(b) and (10), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

(5) In each of subsections (9)(b) and (10), for “Crown Agent” substitute “ prosecutor ”.

10

(1) Section 181 (stated case: directions by court) is amended in accordance with this paragraph.

(2) The title becomes “ Stated case: directions by Sheriff Appeal Court ”.

(3) In subsection (1), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In subsection (2), for “Clerk of Justiciary” in each place where it occurs substitute “ Clerk of the Sheriff Appeal Court ”.

(7) In subsection (3)—

(a) for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”,

(b) for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

(1) Section 182 (stated case: hearing of appeal) is amended in accordance with this paragraph.

(2) In each of subsections (1), (2), (3), (5) and (6) for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

(3) In subsection (5)(b), for “a judge” substitute “ an Appeal Sheriff ”.

12

In section 183 (stated case: disposal of appeal), in each of subsections (1), (3), (4), (6), (7), (9) and (10), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

13

In section 184 (abandonment of appeal), in each of subsections (1) and (2), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

14

In section 185(10) (authorisation of new prosecution), for “High Court” substitute “ Sheriff Appeal Court ”.

15

(1) Section 186 (appeals against sentence only) is amended in accordance with this paragraph.

(2) In each of subsections (4)(a), (9)(a) and (9)(b), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

(3) In each of subsections (6) and (7), for “High Court” substitute “ Sheriff Appeal Court ”.

16

(1) Section 187 (leave to appeal against sentence) is amended in accordance with this paragraph.

(2) In subsection (1), for “a judge” substitute “ an Appeal Sheriff ”.

(3) In each of subsections (1), (2), (3), (3A), (4), (7), (8) and (8A), for “High Court” substitute “ Sheriff Appeal Court ”.

(4) In each of subsections (1)(a) and (9), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

(5) In each of subsections (8)(b) and (9), for “Crown Agent” substitute “ prosecutor ”.

17

(1) Section 188 (setting aside conviction or sentence) is amended in accordance with this paragraph.

(2) In each of subsections (3)(a), (4) and (6), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

(3) In each of subsections (3)(b) and (4), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

(4) In subsection (4), for “judge” in each place where it occurs substitute “ Appeal Sheriff ”.

18

In section 189 (disposal of appeal against sentence), in each of subsections (1), (3), (4), (6) and (7), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

19

In section 190(1) (disposal of appeal where appellant not criminally responsible), for “High Court” substitute “ Sheriff Appeal Court ”.

20

In section 191 (appeal by suspension or advocation on ground of miscarriage of justice), in each of subsections (1) and (2), for “High Court” substitute “ Sheriff Appeal Court ”.

21

In section 191A (time limit for lodging bills of advocation and bills of suspension), in each of subsections (1)(a), (1)(b) and (3), for “High Court” in each place where it occurs substitute “ Sheriff Appeal Court ”.

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

In section 192(2) (appeals: miscellaneous provisions), for “High Court” substitute “ Sheriff Appeal Court ”.

24

In section 193A (suspension of certain sentences pending determination of appeal), in each of subsections (1) and (2), for “High Court” substitute “ Sheriff Appeal Court ”.

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

In section 307 (interpretation), after the definition of “Clerk of Justiciary” insert—

“Clerk of the Sheriff Appeal Court” includes Deputy Clerk of the Sheriff Appeal Court and any person authorised to carry out the functions of Clerk of the Sheriff Appeal Court;

SCHEDULE 4

PART 1 — CONFERRAL OF ADDITIONAL FUNCTIONS ETC. IN RELATION TO TRIBUNALS

Modification of the Judiciary and Courts (Scotland) Act 2008

1

(1) The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.

(2) For “SCS” in each place where it occurs, substitute “ SCTS ”.

(3) In section 60 (the Scottish Court Service), in subsection (1), for “Court” substitute “ Courts and Tribunals ”.

(4) In section 62 (administrative support for persons other than the Scottish courts and judiciary)—

(a) after subsection (1)(a)(i) insert—

(ia) functions conferred on the Lord President as Head of the Scottish Tribunals,

(b) after subsection (1)(c) insert—

(ca) the President of the Scottish Tribunals in the carrying out of— (i) functions delegated to the President of the Scottish Tribunals by the Lord President as Head of the Scottish Tribunals, and (ii) other non-judicial functions of the President of the Scottish Tribunals,

(5) In section 70(1)(a)(i) (Scottish Ministers' default power), after “courts” insert “ or the Scottish Tribunals ”.

(6) Schedule 3 (the Scottish Court Service) is amended in accordance with sub-paragraphs (7) to (11).

(7) Paragraph 1 is repealed.

(8) In paragraph 2—

(a) for sub-paragraph (2)(c) substitute—

(c) the President of the Scottish Tribunals,

(b) the word “and” immediately preceding sub-paragraph (2)(f) is repealed,

, and (g) one person holding the position of Chamber President in the First-tier Tribunal for Scotland.

(d) after sub-paragraph (6) insert—

(7) In this schedule, references to the position of Chamber President in the First-tier Tribunal for Scotland are to be construed in accordance with the Tribunals (Scotland) Act 2014.

(9) In paragraph 3, in sub-paragraph (1) after “Clerk” insert “ , the President of the Scottish Tribunals ”.

(10) In paragraph 13, after sub-paragraph (2)(a) insert—

(aa) the judicial member who holds the position of Chamber President in the First-tier Tribunal for Scotland (unless that member receives a salary in respect of that position),

(11) In paragraph 20, after sub-paragraph (2)(a)(i) insert—

(ia) the purposes of tribunals or the members of tribunals,

(12) The title of—

(a) Part 4 becomes “ THE SCOTTISH COURTS AND TRIBUNALS SERVICE ”,

(b) section 60 becomes “ The Scottish Courts and Tribunals Service ”,

PART 2 — TRANSITIONAL PROVISION

Transfer of staff

2

(1) Sub-paragraph (2) applies to persons who, on the coming into force of this paragraph, are members of the staff of the Scottish Ministers assigned to the part of the Scottish Administration known as the Scottish Tribunals Service (referred to in this paragraph as “the Service”), other than excepted staff.

(2) On the coming into force of this paragraph, those members of staff transfer to, and become members of the staff of, the Scottish Courts and Tribunals Service (referred to in this paragraph as “the SCTS”).

(3) The excepted staff are staff on secondment or loan to the Service from another part of the Scottish Administration.

(4) The contract of employment of a person who becomes a member of the staff of the SCTS by virtue of sub-paragraph (2)—

(a) is not terminated by the transfer, and

(b) has effect from the date this paragraph comes into force as if originally made between the person and the SCTS.

(5) Without prejudice to sub-paragraph (4)—

(a) all the rights, powers, duties and liabilities of the Scottish Ministers under or in connection with the person's contract of employment are by virtue of this sub-paragraph transferred to the SCTS on the date on which this paragraph comes into force, and

(b) anything done before that date by or in relation to the Scottish Ministers in respect of that contract of employment or that person is to be treated from that date as having been done by or in relation to the SCTS.

(6) This paragraph does not prejudice any right of any person to terminate that person's contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person; but such a change is not to be taken to have occurred by reason only that the identity of the person's employer changes by virtue of this paragraph.

(7) A determination by the Scottish Ministers that any member of their staff is—

(a) employed as mentioned in sub-paragraph (1), or

(b) excepted staff by virtue of sub-paragraph (3),

is conclusive of that fact for the purposes of this paragraph.

Existing tribunals

3

(1) Until all of the functions of a tribunal listed in sub-paragraph (2) are transferred to the Scottish Tribunals by virtue of section 28 of the Tribunals (Scotland) Act 2014, sections 61A (administrative support for the Scottish Tribunals and their members) and 70 (default power of the Scottish Ministers) of the 2008 Act apply in relation to the tribunal, and to the members of the tribunal, as those sections apply in relation to the Scottish Tribunals and the members of those Tribunals.

(2) The tribunals referred to in sub-paragraph (1) are—

(a) the Lands Tribunal for Scotland, established by section 1 of the Lands Tribunal Act 1949,

(b) a private rented housing committee constituted in accordance with Schedule 4 to the Rent (Scotland) Act 1984,

(d) the Mental Health Tribunal for Scotland, established by section 21 of the Mental Health (Care and Treatment) (Scotland) Act 2003,

(e) an Additional Support Needs Tribunal for Scotland constituted under section 17(1) of the Education (Additional Support for Learning) (Scotland) Act 2004,

(f) a Scottish Charity Appeals Panel constituted under section 75 of the Charities and Trustee Investment (Scotland) Act 2005,

(g) the First-tier Tax Tribunal for Scotland, established by section 21(1) of the Revenue Scotland and Tax Powers Act 2014,

(h) the Upper Tax Tribunal for Scotland, established by section 21(3) of the Revenue Scotland and Tax Powers Act 2014.

(3) Paragraph 2(2)(g) of schedule 3 to the 2008 Act applies as if the reference to the position of Chamber President in the First-tier Tribunal for Scotland includes a reference to an office mentioned in sub-paragraph (4) in relation to a tribunal, for so long as section 61A of the 2008 Act applies, by virtue of sub-paragraph (1), to that tribunal (and paragraph 13(2)(aa) of schedule 3 to the 2008 Act is to be construed accordingly).

(4) The offices and tribunals referred to in sub-paragraph (3) are—

(a) President of the Lands Tribunal for Scotland, appointed under section 2(1) of the Lands Tribunal Act 1949, in relation to the Lands Tribunal for Scotland,

(b) President of the Private Rented Housing Panel, appointed under paragraph 4 of Schedule 4 to the Rent (Scotland) Act 1949, in relation to—

(i) a private rented housing committee,

(ii) a homeowner housing committee,

(c) President of the Mental Health Tribunal for Scotland, appointed under paragraph 3(1) of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003, in relation to the Mental Health Tribunal for Scotland,

(d) President of the Additional Support Needs Tribunals for Scotland, appointed under section 17(2) of the Education (Additional Support for Learning) (Scotland) 2004, in relation to an Additional Support Needs Tribunal for Scotland,

(e) President of the Tax Tribunals, appointed under section 22(1) of the Revenue Scotland and Tax Powers Act 2014, in relation to the First-tier Tax Tribunal for Scotland and the Upper Tax Tribunal for Scotland.

(5) The Scottish Ministers may by order—

(a) add a reference to a tribunal which is, or is to be, listed in schedule 1 to the Tribunals (Scotland) Act 2014 to sub-paragraph (2),

(b) add a reference to an office in relation to the tribunal to sub-paragraph (4).

(6) In this paragraph—

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

“the Scottish Tribunals” means the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland.

PART 3 — CONSEQUENTIAL REPEALS, ETC.

Lands Tribunal Act 1949

4

Section 2(7) of the Lands Tribunal Act 1949 is repealed.

Mental Health (Care and Treatment) (Scotland) Act 2003

5

Paragraph 8(1) and (2) of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 is repealed.

Education (Additional Support for Learning) (Scotland) Act 2004

6

Paragraph 9 of schedule 1 to the Education (Additional Support for Learning) (Scotland) Act 2004 is repealed.

Charities and Trustee Investment (Scotland) Act 2005

7

Paragraph 3 of schedule 2 to the Charities and Trustee Investment (Scotland) Act 2005 is repealed.

Tribunals (Scotland) Act 2014

8

Section 77 (administrative support) of the Tribunals (Scotland) Act 2014 is repealed.

Revenue Scotland and Tax Powers Act 2014

9

(1) The Revenue Scotland and Tax Powers Act 2014 is amended in accordance with this paragraph.

(2) Section 58 (administrative support) is repealed.

(3) In section 59 (guidance), in subsection (2)—

(a) in paragraph (b), for “tribunals” substitute “ Scottish Courts and Tribunals Service ”,

(b) paragraph (c) is repealed.

SCHEDULE 5

PART 1 — SHERIFF COURTS

Promissory Oaths Act 1868

1

In the Promissory Oaths Act 1868, in the second part of the Schedule (persons to take oaths of allegiance and judicial oaths), after “part-time sheriffs” insert “ , summary sheriffs, part-time summary sheriffs ”.

Promissory Oaths Act 1871

2

In section 2 of the Promissory Oaths Act 1871 (persons before whom oaths are to be taken), for “or sheriff, or, for a part-time sheriff,” substitute “ , sheriff or summary sheriff, or, for a part-time sheriff or part-time summary sheriff, ”.

Sheriff Courts (Scotland) Act 1876

3

In the Sheriff Courts (Scotland) Act 1876, section 54 (courts to make acts of sederunt) is repealed (so far as not previously repealed).

Sheriff Courts (Scotland) Act 1907

4

The following provisions of the Sheriff Courts (Scotland) Act 1907 are repealed—

(a) sections 4 to 7 (jurisdiction, extension of jurisdiction, power of sheriff to order sheriff clerk to execute deeds relating to heritage, action competent in sheriff court and privative jurisdiction in causes under one thousand five hundred pounds value),

(b) sections 10 and 11 (privilege not to exempt from jurisdiction and appointment of sheriffs and salaried sheriffs-substitute),

(d) section 17 (honorary sheriff-substitute),

(e) sections 27 to 29 (appeal to sheriff, appeal to Court of Session and effect of appeal),

(f) sections 39 and 40 (procedure rules and Court of Session to regulate fees etc.),

(g) section 50 (summary applications),

(h) Schedule 1 (ordinary cause rules 1993).

Sheriff Courts and Legal Officers (Scotland) Act 1927

5

(1) Section 8 of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (issuing of instructions to sheriff clerks and procurators fiscal) is amended in accordance with this paragraph.

(2) In subsection (1), for “as regards sheriff clerks and the Lord Advocate as regards procurators fiscal may from time to time issue” substitute “ may from time to time issue to sheriff clerks ”.

(3) After subsection (1) insert—

(1A) The Lord Advocate may from time to time issue to procurators fiscal such instructions as may be deemed necessary for the purpose of— (a) giving effect to the provisions of this Act, or (b) the efficient disposal of business in the sheriff courts.

Sheriff Courts (Scotland) Act 1971

6

(1) The Sheriff Courts (Scotland) Act 1971 is amended in accordance with this paragraph.

(2) The whole Act, apart from sections 2(3) and 3(4), is repealed.

(3) In section 2(3) (compensation for loss of office), for “subsection (1) above includes, by virtue of subsection (2)(a) above,” substitute “ section 2(1) of the Courts Reform (Scotland) Act 2014 includes ”.

(4) In section 3(4) (compensation for loss of employment), for “subsection (2) above” substitute “ section 2(1) of the Courts Reform (Scotland) Act 2014 ”.

Civil Jurisdiction and Judgments Act 1982

7

In section 20(3) of the Civil Jurisdiction and Judgments Act 1982 (rules as to jurisdiction in Scotland)—

(a) for the opening words substitute “ Section 43 of the Courts Reform (Scotland) Act 2014 does not apply— ”,

(b) in paragraph (a), the words “to the extent that it determines jurisdiction” are repealed.

Judicial Pensions and Retirement Act 1993

8

In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (relevant offices for the purposes of retirement provisions)—

(a) for the entry for “Sheriff principal or sheriff in Scotland” substitute— “ Sheriff principal, sheriff or summary sheriff in Scotland ”,

(b) after the entry for “Part-time sheriff in Scotland”, insert— “ Part-time summary sheriff in Scotland ”,

Judiciary and Courts (Scotland) Act 2008

9

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