LegalizeThe Courts Reform (Scotland) Act 2014 (Commencement No. 7, Transitional and Saving Provisions) Order 2016
Made: 14th September 2016
Laid before the Scottish Parliament: 16th September 2016
Coming into force: 28th November 2016
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 2014[^f00001] and all other powers enabling them to do so.
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 7, Transitional and Saving Provisions) Order 2016 and comes into force on 28th November 2016.
- (2) In this Order—
- “the 1898 Act” means the Vexatious Actions (Scotland) Act 1898[^f00002];
- “the 1971 Act” means the Sheriff Courts (Scotland) Act 1971[^f00003];
- “the 2014 Act” means the Courts Reform (Scotland) Act 2014;
- “relevant claim” means— a claim raised on or after 28th November 2016 that would be a small claim but for the repeal of sections 35(2) to (4)[^f00004], 36A, 36B[^f00005] and 37(2B) and (2C)[^f00006] and the words “other than a small claim” in section 38(b)[^f00007] of the 1971 Act; or a claim which would be such a claim were the figures of £3000 within each of article 2(a) and (b) of the Small Claims (Scotland) Order 1988[^f00008] figures of £5000; and
- “small claim” has the meaning it has in section 35(2) of the 1971 Act.
Appointed day
2
- (1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the 2014 Act specified in column 1 of the table in the schedule of this Order (the subject matter of which is specified in column 2 of that table) is 28th November 2016.
- (2) 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.
Small claims raised before 28th November 2016
3
- (1) The following provisions apply to small claims raised before 28th November 2016.
- (2) Despite the repeal of sections 35(2) to (4), 36A, 36B and 37(2B) and (2C) and the words, “other than a small claim” in section 38(b) of the 1971 Act by paragraph 6(1) and (2) of schedule 5 of the 2014 Act, those sections and the Small Claims (Scotland) Order 1988 continue to apply to such claims.
- (3) Despite the repeal of paragraph 3(c) of Part 2 of schedule 2 of the Legal Aid (Scotland) Act 1986 (proceedings in which civil legal aid is not available)[^f00009], that paragraph continues to apply to such claims.
- (4) Sections 72, 73, 77, 78, 80, 82 and 96 of the 2014 Act do not apply to such claims.
Savings as regards the Vexatious Actions (Scotland) Act 1898
4
Despite the repeal of the 1898 Act by paragraph 27 of schedule 5 of the 2014 Act—
- (a) the 1898 Act continues to apply to an application made under that Act before 28th November 2016; and
- (b) an order under the 1898 Act (including as applied by paragraph (a)) continues to have effect.
SCHEDULE — Provisions of the 2014 Act coming into force on 28th November 2016
| Column 1 Provisions of the 2014 Act | Column 2 Subject Matter | Column 3 Purpose |
|---|---|---|
| Section 72 | Simple procedure | For the purposes of a relevant claim |
| Section 73 | Simple procedure: proceedings in an all-Scotland sheriff court | For the purposes of a relevant claim |
| Sections 77 and 78 | Simple procedure: further provisions | For the purposes of a relevant claim |
| Sections 80 to 82 | Simple procedure: further provisions | For the purposes of a relevant claim |
| Sections 84 and 85 | Extended interdicts | |
| Section 86 | Power to enable sheriff to make orders having effect outside sheriffdom | For all remaining purposes |
| Section 95 | Lay representation for non-natural persons: key defined terms | |
| Section 96 | Lay representation in simple procedure cases | For the purposes of a relevant claim |
| Section 97 | Lay representation in other proceedings | |
| Sections 100 and 101 | Vexatious litigation orders | |
| Section 102 | Power to make orders in relation to vexatious behaviour | For all remaining purposes |
| Section 132 | Modifications of enactments | For the purpose of bringing into force the provisions of schedule 5 listed in column 1 below |
| The following provisions of schedule 5— | Modifications of enactments | |
| Paragraph 6(1) and (2) | Repeal of the 1971 Act[^f00010] | For the purpose of repealing— |
| Paragraph 6(1) and (2) | Repeal of the 1971 Act[^f00010] | section 35(2) to (4) (small claims); section 36A (further provisions as to small claims); section 36B (expenses in small claims); section 37(2B) and (2C) (remits: small claims); and in section 38(b) (appeal in summary causes) the words, “other than a small claim”. |
| Paragraph 23 | Amendment of the Legal Aid (Scotland) Act 1986 | |
| Paragraph 27 | Repeal of the 1898 Act |
Signed
ANNABELLE EWING — Authorised to sign by the Scottish Ministers — 14th September 2016
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order brings into force provisions of the Courts Reform (Scotland) Act 2014. The provisions specified in column 1 of the table in the schedule of the Order come into force on 28th November 2016. 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.
Amongst other things, simple procedure is commenced as regards “relevant claims” as defined in article 1(2); otherwise summary cause procedure continues to exist.
Article 3 is a transitional provision for small claims raised before 28th November 2016 (all small claims are “relevant claims”).
Articles 4 concerns the transition from the Vexatious Actions (Scotland) Act 1898 to vexatious litigation orders under the 2014 Act.
The Courts Reform (Scotland) Act 2014 received Royal Assent on 10th November 2014. Sections 133, 134(1) and (3) and 135 to 139 came into force the following day.
Footnotes
[^f00001]: 2014 asp 18. There are amendments to the 2014 Act not relevant to this Order.
[^f00002]: 1898 c.35; as amended by the Administration of Justice (Scotland) Act 1933 (c.41), section 3(1) and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55), section 19. The 1898 Act is repealed by paragraph 27 of schedule 5 of the 2014 Act.
[^f00003]: 1971 c.58. The 1971 Act is to be repealed by paragraph 6(2) of schedule 5 of the 2014 Act and S.I. 2015/700.
[^f00004]: Section 35 has been amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), sections 18(1) and 59 and schedule 2, paragraph 14; the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), schedule 6, paragraph 1; and S.S.I. 2007/507.
[^f00005]: Sections 36A and 36B were inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 18(2).
[^f00006]: Section 37 has been amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, section 16 and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 18(3). The repeal of subsection (1)(b) was commenced on 22nd September 2015 by S.S.I. 2015/247.
[^f00007]: Section 38 has been amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 18(4).
[^f00008]: S.I. 1988/1999; as amended by S.S.I. 2007/496.
[^f00009]: 1986 c.47. Paragraph 3 has been amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 18(1) and S.I. 1993/969.
[^f00010]: Sections 2(3) and 3(4) were repealed by S.I. 2015/700.
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