# Courts Reform (Scotland) Act 2014

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# Courts Reform (Scotland) Act 2014

# 2014 asp 18                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th October 2014 and received Royal Assent                        on 10th November 2014                     

An Act of the Scottish Parliament to make provision about the sheriff courts; to establish a Sheriff Appeal Court; to make                        provision about civil court procedure; to make provision about appeals in civil proceedings; to make provision about appeals                        in criminal proceedings; to make provision about judges of the Court of Session; to make provision about the Scottish Land                        Court; to make provision about justice of the peace courts; to rename the Scottish Court Service and give it functions in                        relation to tribunals; to provide for assistants to the Judicial Appointments Board for Scotland; and for connected purposes.                     

## **PART 1**SSHERIFF COURTS

### CHAPTER 1SSHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS

#### 1Sheriffdoms, sheriff court districts and sheriff courtsS

#### 2Power to alter sheriffdoms, sheriff court districts and sheriff courtsS

### CHAPTER 2SJUDICIARY OF THE SHERIFFDOMS

#### Permanent and full-time judiciaryS

##### 3Sheriffs principalS

##### 4SheriffsS

##### 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Temporary and part-time judiciaryS

##### 6Temporary sheriff principalS

##### 7Temporary sheriff principal: further provisionS

##### 8Part-time sheriffsS

##### 9Reappointment of part-time sheriffsS

##### 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 11Reappointment of part-time summary sheriffsS

#### Re-employment of former holders of certain judicial officesS

##### 12Re-employment of former judicial office holdersS

##### 13Re-employment of former judicial office holders: further provisionS

#### Qualification and disqualificationS

##### 14Qualification for appointmentS

##### 15Disqualification from practice, etc.S

#### Remuneration and expensesS

##### 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 17ExpensesS

#### Leave of absenceS

##### 18Leave of absenceS

#### ResidenceS

##### 19Place of residenceS

#### Cessation of appointmentS

##### 20Cessation of appointment of judicial officersS

#### Fitness for officeS

##### 21Tribunal to consider fitness for officeS

##### 22Tribunal investigations: suspension from officeS

##### 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 24Tribunal reportS

##### 25Removal from officeS

Prospective

#### Honorary sheriffsS

##### 26Abolition of the office of honorary sheriffS

### CHAPTER 3SORGANISATION OF BUSINESS

#### Sheriff principal's general responsibilitiesS

##### 27Sheriff principal's responsibility for efficient disposal of business in sheriff courtsS

##### 28Sheriff principal's power to fix sittings of sheriff courtsS

##### 29Lord President's power to exercise functions under sections 27 and 28S

#### Deployment of judiciaryS

##### 30Power to authorise a sheriff principal to act in another sheriffdomS

##### 31Power to direct a sheriff or summary sheriff to act in another sheriffdomS

##### 32Power to re-allocate sheriffs principal, sheriffs and summary sheriffs between sheriffdomsS

##### 33Allocation of sheriffs and summary sheriffs to sheriff court districtsS

#### Judicial specialisationS

##### 34Determination of categories of case for purposes of judicial specialisationS

##### 35Designation of specialist judiciaryS

##### 36Allocation of business to specialist judiciaryS

##### 37Saving for existing powers to provide for judicial specialisationS

### CHAPTER 4SCOMPETENCE AND JURISDICTION

#### Sheriffs: civil competence and jurisdictionS

##### 38Jurisdiction and competence of sheriffsS

##### 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 40Territorial jurisdictionS

##### 41Power to confer all-Scotland jurisdiction for specified casesS

##### 42All-Scotland jurisdiction: further provisionS

##### 43Jurisdiction over persons, etc.S

#### Summary sheriffs: civil and criminal competence and jurisdictionS

##### 44Summary sheriff: civil competence and jurisdictionS

##### 45Summary sheriff: criminal competence and jurisdictionS

## **PART 2**STHE SHERIFF APPEAL COURT

### CHAPTER 1SESTABLISHMENT AND ROLE

#### 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### CHAPTER 2SAPPEAL SHERIFFS

#### 49Sheriffs principal to be Appeal SheriffsS

#### 50Appointment of sheriffs as Appeal SheriffsS

#### 51Re-employment of former Appeal SheriffsS

#### 52ExpensesS

#### 53Temporary provisionS

### CHAPTER 3SORGANISATION OF BUSINESS

#### President and Vice PresidentS

##### 54President and Vice President of the Sheriff Appeal CourtS

##### 55President and Vice President: incapacity and suspensionS

#### Disposal of businessS

##### 56President's responsibility for efficient disposal of businessS

#### SittingsS

##### 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 58Rehearing of pending case by a larger CourtS

### CHAPTER 4SADMINISTRATION

#### ClerksS

##### 59Clerk of the Sheriff Appeal CourtS

##### 60Deputy Clerks of the Sheriff Appeal CourtS

##### 61Clerk and Deputy Clerks: further provisionS

#### RecordsS

##### 62Records of the Sheriff Appeal CourtS

## **PART 3**SCIVIL PROCEDURE

### CHAPTER 1SSHERIFF COURT

#### Civil jury trialsS

##### 63Civil jury trials in an all-Scotland sheriff courtS

##### 64Selection of the juryS

##### 65Application to allow the jury to view propertyS

##### 66Discharge or death of juror during trialS

##### 67Trial to proceed despite objection to opinion and direction of the sheriffS

##### 68Return of verdictS

##### 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Simple procedureS

##### 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 73Proceedings in an all-Scotland sheriff courtS

Prospective

##### 74Proceedings for aliment of small amounts under simple procedureS

##### 75Rule-making: matters to be taken into considerationS

##### 76Service of documentsS

##### 77Evidence in simple procedure casesS

##### 78Transfer of cases to simple procedureS

##### 79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 80Transfer of cases from simple procedureS

##### 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 82Appeals from simple procedure casesS

Prospective

##### 83Transitional provision: summary causesS

#### Interdicts and other orders: effect outside sheriffdomS

##### 84Interdicts having effect in more than one sheriffdomS

##### 85Proceedings for breach of an extended interdictS

##### 86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Execution of deeds relating to heritageS

##### 87Power of sheriff to order sheriff clerk to execute deed relating to heritageS

#### Interim ordersS

##### 88Interim ordersS

### CHAPTER 2SCOURT OF SESSION

#### 89Judicial reviewS

#### 90Interim ordersS

#### 91Warrants for ejectionS

### CHAPTER 3SREMIT OF CASES BETWEEN COURTS

#### 92Remit of cases to the Court of SessionS

#### 93Remit of cases from the Court of SessionS

#### 94Remit of cases to the Scottish Land CourtS

### CHAPTER 4SLAY REPRESENTATION FOR NON-NATURAL PERSONS

#### 95Key defined termsS

#### 96Lay representation in simple procedure casesS

#### 97Lay representation in other proceedingsS

#### 98Lay representation: supplementary provisionS

### CHAPTER 5SJURY SERVICE

#### 99Jury serviceS

### CHAPTER 6SVEXATIOUS PROCEEDINGS

#### 100Vexatious litigation ordersS

#### 101Vexatious litigation orders: further provisionS

#### 102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 4**SPROCEDURE AND FEES

### ProcedureS

#### 103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Fees of solicitors etc.S

#### 105Power to regulate fees in the Court of SessionS

#### 106Power to regulate fees in the sheriff court and the Sheriff Appeal CourtS

### Court feesS

#### 107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Sanction for counselS

#### 108Sanction for counsel in the sheriff court and Sheriff Appeal CourtS

## **PART 5**SCIVIL APPEALS

### Appeals to the Sheriff Appeal CourtS

#### 109Abolition of appeal from a sheriff to the sheriff principalS

#### 110Appeal from a sheriff to the Sheriff Appeal CourtS

#### 111Sheriff Appeal Court's powers of disposal in appealsS

#### 112Remit of appeal from the Sheriff Appeal Court to the Court of SessionS

### Appeals to the Court of SessionS

#### 113Appeal from the Sheriff Appeal Court to the Court of SessionS

#### 114Appeal from the sheriff principal to the Court of SessionS

#### 115Appeals: granting of leave or permission and assessment of grounds of appealS

### Effect of appealS

#### 116Effect of appealS

### Appeals to the Supreme CourtS

#### 117Appeals to the Supreme CourtS

## **PART 6**SCRIMINAL APPEALS

### Appeals from summary criminal proceedingsS

#### 118Appeals to the Sheriff Appeal Court from summary criminal proceedingsS

#### 119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 120Power to refer points of law for the opinion of the High CourtS

#### 121References by the Scottish Criminal Cases Review CommissionS

### Bail appealsS

#### 122Bail appealsS

## **PART 7**SJUDGES OF THE COURT OF SESSION

### 123Appointment of Court of Session judges, etc.S

### 124Payment of salaries of Court of Session judgesS

### 125ExpensesS

## **PART 8**SSCOTTISH LAND COURT

### 126Scottish Land Court: remuneration and expensesS

(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**SJUSTICE OF THE PEACE COURTS

### 127Establishing, relocating and disestablishing justice of the peace courtsS

### 128Abolition of the office of stipendiary magistrateS

### 129Summary sheriffs to sit in justice of the peace courtsS

## **PART 10**STHE SCOTTISH COURTS AND TRIBUNALS SERVICE

### 130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 11**STHE JUDICIAL APPOINTMENTS BOARD FOR SCOTLAND

### 131Assistants to the Judicial Appointments Board for ScotlandS

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

(a)after paragraph 13 insert—                  

#### “13A*“Appointment of persons to assist the Board*

(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*Powers and conduct of persons appointed to assist the Board*

(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**SGENERAL

### 132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 133Subordinate legislationS

(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).                  

### 134References to “sheriff”S

(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,                  

(c)where the context requires otherwise.                  

Commencement Information

I1S. 134 partly in force; s. 134(1)(3) in force at 11.11.2014, see s. 138(1)

### 135Definition of “family proceedings”S

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

(a)divorce,                  

(b)separation,                  

(c)declarator of parentage,                  

(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).                  

### 136InterpretationS

(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—                          (a)
proceedings under the Children's Hearings (Scotland) Act 2011, and
(b)
proceedings for contempt of court where the contempt—
(i)
arises in, or in connection with, civil proceedings, or
(ii)
relates 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,                  

(c)any temporary sheriff principal appointed for 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.                  

### 137Ancillary provisionS

(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.                  

### 138CommencementS

(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.                  

### 139Short titleS

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

## SCHEDULE 1SCIVIL PROCEEDINGS, ETC. IN RELATION TO WHICH SUMMARY SHERIFF HAS COMPETENCE

 (introduced by section 44(1))

### Family proceedingsS

1SFamily proceedings.

### Domestic abuse proceedingsS

2SProceedings 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,

(c)a matrimonial interdict (within the meaning of section 14 of that Act),

(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 proceedingsS

3SProceedings 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),

(c)a permanence order under section 80(1) of that Act.

### Children's hearings proceedingsS

4SProceedings under the Children's Hearings (Scotland) Act 2011.

### Forced marriage proceedingsS

5SProceedings 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 ordersS

6SThe granting of—

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

(b)an interim interdict,

(c)an order for the interim preservation of property,

(d)an order to recall an interim interdict.

### Diligence proceedingsS

7SProceedings 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),

(c)Part 3A of that Act (arrestment and action of furthcoming),

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

8SThe receipt of a report of money attachment under section 182(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007.

9SThe 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.

10SProceedings 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 debtsS

11SProceedings 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 procedureS

12SA simple procedure case within the meaning of section 72(9).

## SCHEDULE 2SAPPEAL SHERIFFS: TEMPORARY PROVISION

 (introduced by section 53)

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

## SCHEDULE 3STRANSFER OF SUMMARY CRIMINAL APPEAL JURISDICTION TO THE SHERIFF APPEAL COURT

 (introduced by section 118(3))

1SThe 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.S

(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 ”,

(c)for “Lords Commissioners of Justiciary” in each place where it occurs substitute “ Appeal Sheriffs ”.

3SIn section 174 (appeals relating to preliminary pleas), in each of subsections (1), (2) and (4), for “High Court” substitute                        “ Sheriff Appeal Court ”.

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

5SIn 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.S

(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 ”.

7SIn section 178(2) (stated case: preparation of draft), for “High Court” substitute “ Sheriff Appeal Court ”.

8SIn 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.S

(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

11(1)Section 182 (stated case: hearing of appeal) is amended in accordance with this paragraph.S

(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 ”.

12SIn 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 ”.

13SIn section 184 (abandonment of appeal), in each of subsections (1) and (2), for “Clerk of Justiciary” substitute “ Clerk of the Sheriff Appeal Court ”.

14SIn 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.S

(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.S

(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.S

(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 ”.

18SIn 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 ”.

19SIn section 190(1) (disposal of appeal where appellant not criminally responsible), for “High Court” substitute “ Sheriff Appeal Court ”.

20SIn 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 ”.

21SIn 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 ”.

Prospective

F122S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 3 para. 22 repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), **ss. 95(b)**, 117(2); S.S.I. 2016/426, art. 2, sch.

23SIn section 192(2) (appeals: miscellaneous provisions), for “High Court” substitute “ Sheriff Appeal Court ”.

24SIn section 193A (suspension of certain sentences pending determination of appeal), in each of subsections (1) and (2), for                        “High Court” substitute “ Sheriff Appeal Court ”.

Prospective

F225S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 3 para. 25 repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), **ss. 95(c)**, 117(2); S.S.I. 2016/426, art. 2, sch.

26SIn 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 4STHE SCOTTISH COURTS AND TRIBUNALS SERVICE

 (introduced by section 130(3))

### **PART 1**SCONFERRAL OF ADDITIONAL FUNCTIONS ETC. IN RELATION TO TRIBUNALS

#### Modification of the Judiciary and Courts (Scotland) Act 2008S

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

### **PART 2**STRANSITIONAL PROVISION

#### Transfer of staffS

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.S

(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 tribunalsS

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

### **PART 3**SCONSEQUENTIAL REPEALS, ETC.

#### Lands Tribunal Act 1949S

4SSection 2(7) of the Lands Tribunal Act 1949 is repealed.

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

5SParagraph 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 2004S

6SParagraph 9 of schedule 1 to the Education (Additional Support for Learning) (Scotland) Act 2004 is repealed.

#### Charities and Trustee Investment (Scotland) Act 2005S

7SParagraph 3 of schedule 2 to the Charities and Trustee Investment (Scotland) Act 2005 is repealed.

#### Tribunals (Scotland) Act 2014S

8SSection 77 (administrative support) of the Tribunals (Scotland) Act 2014 is repealed.

#### Revenue Scotland and Tax Powers Act 2014S

9(1)The Revenue Scotland and Tax Powers Act 2014 is amended in accordance with this paragraph.S

(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 5SMODIFICATIONS OF ENACTMENTS

 (introduced by section 132)

### **PART 1**SSHERIFF COURTS

#### Promissory Oaths Act 1868S

1SIn 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 1871S

2SIn 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 1876S

3SIn 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 1907S

4S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Sheriff Courts and Legal Officers (Scotland) Act 1927S

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.S

(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 1971S

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

#### Civil Jurisdiction and Judgments Act 1982S

7SIn 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 1993S

8SIn 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 ”,

(c)the entry for “Stipendiary magistrate in Scotland” is repealed.

#### Judiciary and Courts (Scotland) Act 2008S

9(1)The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.S

(2)The following provisions are repealed—

(a)sections 24 to 26 (amendments of Sheriff Courts (Scotland) Act 1971 relating to sheriffs principal, sheriffs and part-time                        sheriffs),

(b)section 40 (amendments of the 1971 Act relating to consideration of fitness for, and removal from, shrieval office),

(c)sections 47 to 56 (miscellaneous amendments of the 1971 Act relating to the sheriff courts),

(d)section 64(1) and (2) (amendments of the 1971 Act relating to remuneration and allowances of certain judicial office holders),

(e)in section 72 (interpretation), the definition of “the 1971 Act”,

(f)in schedule 5, paragraph 2 (consequential amendments of the 1971 Act).

(3)In subsection (1) of section 10 (judicial offices within the remit of the Judicial Appointments Board for Scotland), after                        paragraph (f) insert—

“(fza)the office of summary sheriff,                  

(fzb)the office of part-time summary sheriff,”.                  

(4)In section 43 (meaning of “judicial office holder”)—

(a)in subsection (1), for paragraph (c) substitute—

“(c)a person acting as a sheriff or as a summary sheriff by virtue of section 12(1) or 13(5) of the Courts Reform (Scotland) Act                           2014.”,                  

(b)in subsection (2), after paragraph (g) insert—

“(ga)the office of summary sheriff,                  

(gb)the office of part-time summary sheriff,”.                  

(5)In section 62(1)(c) (administrative support to be provided by the Scottish Courts and Tribunals Service), for “section 15                        to 17 of the 1971 Act” substitute “ sections 27 and 28 of the Courts Reform (Scotland) Act 2014 ”.

(6)In section 72 (interpretation)—

(a)in the definition of “office of part-time sheriff” for “11A, or a reappointment under section 11B(5) or (7), of the 1971 Act”                        substitute “ 8(1), or a reappointment under section 9(1) or (3), of the Courts Reform (Scotland) Act 2014 ”,

(b)after the definition of “office of part-time sheriff” insert—

““office of part-time summary sheriff” means an appointment under section 10(1), or a reappointment under section 11(1) or (3), of the Courts Reform (Scotland)                        Act 2014, and references to suspension from that office are to be construed accordingly,”,                  

(c)in the definition of “office of temporary sheriff principal” for “11(1) or (1A) of the 1971 Act” substitute “ 6(2) of the Courts Reform (Scotland) Act 2014 ”.

### **PART 2**SSHERIFF APPEAL COURT

#### Sheriff Courts and Legal Officers (Scotland) Act 1927S

10SIn section 1 of the Sheriff Courts and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerk and procurator fiscal),                        after subsection (5) insert—

“(6)For the purposes of subsection (3) above, the appointment of a sheriff clerk as Clerk of the Sheriff Appeal Court under section                           59 of the Courts Reform (Scotland) Act 2014 is not a removal from office.”.                  

#### Public Records (Scotland) Act 1937S

11(1)The Public Records (Scotland) Act 1937 is amended in accordance with this paragraph.S

(2)After section 1, insert—

##### “1ASheriff Appeal Court records

(3)In section 2(2) (re-transmission of sheriff court records from the Keeper to the courts)—

(a)after “Session” in the first place it occurs insert “ , the Sheriff Appeal Court ”,

(b)after “Session” in the second place it occurs insert “ , of an Appeal Sheriff ”.

(4)In section 2A(3) (re-transmission of JP court records from the Keeper to the courts)—

(a)after “Session,” in the first place it occurs insert “ the Sheriff Appeal Court, ”,

(b)after “Session” in the second place it occurs insert “ , of an Appeal Sheriff ”.

(5)In section 14(1) (interpretation), after the definition of “records of the Court of Session” and “records of the High Court                        of Justiciary” insert—

“the expression “records of the Sheriff Appeal Court” includes the registers, minute books, processes, writs or documents belonging to or in the custody of the Sheriff Appeal                        Court;”.                  

#### Administration of Justice (Scotland) Act 1972S

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

#### Civil Jurisdiction and Judgments Act 1982S

13SIn section 50 of the Civil Jurisdiction and Judgments Act 1982 (interpretation), in the definition of “court of law”, in paragraph                        (c) after “Session” insert “ , the Sheriff Appeal Court ”.

#### Legal Aid (Scotland) Act 1986S

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

#### Criminal Procedure (Scotland) Act 1995S

15SIn section 304 of the Criminal Procedure (Scotland) Act 1995 (Criminal Courts Rules Council), in subsection (2)(c), before                        sub-paragraph (i) insert—

“(zi)one Appeal Sheriff;”.                  

#### Judiciary and Courts (Scotland) Act 2008S

16(1)The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.S

(2)In section 2 (Head of the Scottish Judiciary)—

(a)after subsection (2) insert—

“(2A)If, in carrying out the responsibility mentioned in subsection (2)(a), the Lord President gives a direction of an administrative                           character to the President of the Sheriff Appeal Court, the President must comply with the direction.”,                  

(b)in subsection (6), after paragraph (e) insert—

“(ea)the Sheriff Appeal Court,”.                  

(3)In subsection (2) of section 43 (meaning of “judicial office holder”), after paragraph (c) insert—

“(ca)the office of Appeal Sheriff,”.                  

(4)In section 62 (Scottish Court Service to provide administrative support for other persons), in subsection (1), after paragraph                        (b) insert—

“(ba)the President of the Sheriff Appeal Court in the carrying out of functions under section 56 of the Courts Reform (Scotland)                           Act 2014,”.                  

#### Criminal Justice and Licensing (Scotland) Act 2010S

17(1)The Criminal Justice and Licensing (Scotland) Act 2010 is amended in accordance with this paragraph.S

(2)In section 6 (effect of sentencing guidelines)—

(a)for subsection (4), substitute—

“(4)Subsection (5) applies where, on an appeal in any case—                  

(a)the High Court of Justiciary passes another sentence under one of the following provisions of the 1995 Act—                  

(i)section 118(3),                  

(ii)section 118(4)(b),                  

(iii)section 118(4A)(b),                  

(iv)section 118(4A)(c)(ii), or                  

(b)the Sheriff Appeal Court or the High Court passes another sentence under section 189(1)(b) of that Act.”,                  

(b)in subsection (5), after “Court” insert “ or, as the case may be, the Sheriff Appeal Court ”.

(3)After section 8, insert—

##### “8ASheriff Appeal Court's power to require preparation or review of sentencing guidelines

(4)In section 9 (publication of High Court guideline judgments)—

(a)in subsection (1), for “or 189(7) of the 1995 Act” substitute “ of the 1995 Act and opinions of the Sheriff Appeal Court or the High Court pronounced under section 189(7) of that Act ”,

(b)in subsection (2), after “High Court” insert “ or the Sheriff Appeal Court ”,

(c)the title of the section becomes “ **Publication of High Court and Sheriff Appeal Court guideline judgments** ”.

(5)In section 13 (annual report of the Scottish Sentencing Council), in subsection (3)—

(a)the word “and” immediately following paragraph (d) is repealed,

(b)after paragraph (e) insert “, and 

(f)requirements made by the Sheriff Appeal Court under section 8A and of the Council's response to them.”.                  

#### Scottish Civil Justice Council and Criminal Legal Assistance Act 2013S

18SIn section 2 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (functions of the Scottish Civil                        Justice Council)—

(a)in subsection (1)(b), after “in” where it fourth occurs insert “ the Sheriff Appeal Court or ”,

(b)in subsection (6)—

(i)the word “and” immediately following paragraph (a) is repealed,

(ii)after that paragraph insert—

“(aa)the Sheriff Appeal Court, and”.                  

### **PART 3**SCIVIL JURY TRIALS

#### Law Reform (Miscellaneous Provisions) (Scotland) Act 1980S

19(1)The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 is amended in accordance with this paragraph.S

(2)In section 2(2) (fining of jurors in civil proceedings for non-attendance), after paragraph (a) insert—

“(aa)by the sheriff where imposed in the sheriff court;”.                  

(3)In section 11 (no jury trial in civil actions in the sheriff court), after subsection (1) insert—

“(1A)Subsection (1) is subject to section 63 (civil jury trials in all-Scotland sheriff courts) of the Courts Reform (Scotland)                           Act 2014.”.                  

### **PART 4**SSIMPLE PROCEDURE

Prospective

#### Heritable Securities (Scotland) Act 1894S

20SIn section 5 of the Heritable Securities (Scotland) Act 1894 (power to eject proprietor in personal occupation), after subsection                           (2) insert—

“(2A)Subsection (2) is subject to section 72(3) of the Courts Reform (Scotland) Act 2014 (which provides for certain proceedings                              for the recovery of heritable property to be subject to simple procedure).”.                     

Prospective

#### Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963S

21SThe Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963 is repealed.

Prospective

#### Conveyancing and Feudal Reform (Scotland) Act 1970S

22SIn section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (application by creditor to court for remedies on                           default), after subsection (1D) insert—

“(1E)Subsection (1D) is subject to section 72(3) of the Courts Reform (Scotland) Act 2014 (which provides for certain proceedings                              for the recovery of heritable property to be subject to simple procedure).”.                     

#### Legal Aid (Scotland) Act 1986S

23(1)Part 2 of Schedule 2 to the Legal Aid (Scotland) Act 1986 (proceedings in which civil legal aid is not available) is amended                        in accordance with this paragraph.S

(2)In paragraph 3, sub-paragraph (c) (small claims) is repealed.

(3)After paragraph 3, insert—

“3ACivil legal aid shall not be available in relation to the following categories of simple procedure case (within the meaning                           of section 72(9) of the Courts Reform (Scotland) Act 2014) at first instance, namely—

(a)proceedings for payment of a sum of money not exceeding £3,000 (exclusive of interest and expenses), other than—                  

(i)proceedings in respect of aliment or interim aliment, and                  

(ii)actions for personal injury,                  

(b)actions ad factum praestandum and proceedings for the recovery of possession of moveable property in which (in either case)                           there is included, as an alternative to the claim, a claim for payment of a sum of money not exceeding £3,000 (exclusive of                           interest and expenses).                  

3BIn paragraph 3A—

(a)“actions for personal injury” means actions to which section 17 or 18 of the Prescription and Limitation (Scotland) Act 1973 applies, and                  

(b)“actions ad factum praestandum” includes actions for delivery and actions for implement but does not include actions for count, reckoning and payment.”.                  

### **PART 5**SJUDICIAL REVIEW

#### Tribunals (Scotland) Act 2014S

24SAfter section 57 of the Tribunals (Scotland) Act 2014 insert—

##### “57AProcedural steps where petition remitted

### **PART 6**SREMIT OF CASES BETWEEN COURTS

#### Law Reform (Miscellaneous Provisions) (Scotland) Act 1985S

25SIn the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 14 (remit from Court of Session to sheriff) is repealed.

### **PART 7**SREGULATION OF PROCEDURE AND FEES

#### Courts of Law Fees (Scotland) Act 1895S

26SIn the Courts of Law Fees (Scotland) Act 1895, section 2 (power of Scottish Ministers to regulate court fees) is repealed.

#### Vexatious Actions (Scotland) Act 1898S

27SThe Vexatious Actions (Scotland) Act 1898 is repealed.

#### Execution of Diligence (Scotland) Act 1926S

28SIn the Execution of Diligence (Scotland) Act 1926, section 6 (regulations, forms and fees) is repealed.

#### Administration of Justice (Scotland) Act 1972S

29SIn section 1(3) of the Administration of Justice (Scotland) Act 1972 (powers of courts to order inspection of documents or                        other property etc.), for “section 32 of the Sheriff Courts (Scotland) Act 1971” substitute “ section 104(1) of the Courts Reform (Scotland) Act 2014 ”.

#### Court of Session Act 1988S

30(1)The Court of Session Act 1988 is amended in accordance with this paragraph.S

(2)In section 2(4) (composition of the Court), for “section 5(ba) below,” substitute “ an act of sederunt under section 103(1) of the Courts Reform (Scotland) Act 2014, ”.

(3)Sections 5 (power to regulate procedure etc. by act of sederunt), 5A (rules for lay representation) and 6 (allocation of business                        etc. by act of sederunt) are repealed.

(4)In section 26(3) (summary trials), for “this Act” substitute “ section 103(1) of the Courts Reform (Scotland) Act 2014 ”.

#### Scottish Civil Justice Council and Criminal Legal Assistance Act 2013S

31(1)The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 is amended in accordance with this paragraph.S

(2)In section 2 (functions of the Council)—

(a)in subsection (1)(c), after sub-paragraph (i) insert—

“(ia)draft fees rules,”,                  

(b)after subsection (6), insert—

“(6A)For the purposes of this Part, “draft fees rules” means drafts of such provision as the Court of Session may make by act of sederunt under section 105(1) or 106(1) of the                           Courts Reform (Scotland) Act 2014 (powers to regulate court fees).”.                  

(3)In section 4 (Court of Session to consider rules)—

(a)in subsection (1), after “rules” where it first occurs insert “ , draft fees rules ”,

(b)in subsection (2), after “rules” where it first occurs insert “ , draft fees rules ”,

(c)in subsection (3)—

(i)the words from “which” to “section 2(5)” become paragraph (a), and

(ii)after that paragraph insert—

“(b)under section 105(1) or 106(1) of the Courts Reform (Scotland) Act 2014.”.                  

### **PART 8**SCIVIL APPEALS

#### Court of Session Act 1988S

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

#### Constitutional Reform Act 2005S

33SIn section 40 of the Constitutional Reform Act 2005 (jurisdiction of the Supreme Court), subsection (3) is repealed.

### **PART 9**SJUDGES OF THE COURT OF SESSION

#### Promissory Oaths Act 1868S

34SIn the Promissory Oaths Act 1868, in the Second Part of the Schedule, for “35(3) of the Law Reform (Miscellaneous Provisions)                        (Scotland) Act 1990” substitute “ 20B(1) of the Judiciary and Courts (Scotland) Act 2008 ”.

#### Administration of Justice Act 1973S

35SIn section 9 of the Administration of Justice Act 1973 (judicial salaries), subsection (5) is repealed.

#### Law Reform (Miscellaneous Provisions) (Scotland) Act 1985S

36SSection 22 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (re-employment of retired judges) is repealed.

#### Law Reform (Miscellaneous Provisions) (Scotland) Act 1990S

37(1)The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended in accordance with this paragraph.S

(2)In section 35 (judicial appointments)—

(a)subsections (1) and (3) are repealed,

(b)in subsection (2), for “the said Schedule” substitute “ Schedule 4 ”.

(3)In Schedule 4 (judicial appointments), paragraphs 1 to 3 and 5 to 11 are repealed.

#### Judiciary and Courts (Scotland) Act 2008S

38(1)The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.S

(2)In section 43(1)(b) (meaning of “judicial office holder”), for “22(1) or (4) (re-employment of retired Court of Session judges)                        of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73)” substitute “ 20E(1) (re-employment of former judges) or 20F(3) (re-employment of former judges: further provision) ”.

(3)In section 64 (amendments of enactments relating to remuneration and allowances of re-employed retired judges and temporary                        judges), subsections (3) and (4) are repealed.

(4)In section 72 (interpretation), in the definition of “office of temporary judge”, for “35(3) of the Law Reform (Miscellaneous                        Provisions) (Scotland) Act 1990 (c.40)” substitute “ 20B(1) (temporary judges) ”.

### **PART 10**SJUSTICE OF THE PEACE COURTS

#### Criminal Procedure (Scotland) Act 1995S

39(1)The Criminal Procedure (Scotland) Act 1995 is amended in accordance with this paragraph.S

(2)In section 6(2) (constitution of JP courts), for “stipendiary magistrate” substitute “ summary sheriff ”.

(3)In section 7 (jurisdiction and powers of JP courts), subsection (5) is repealed.

(4)In section 245A (restriction of liberty orders), subsection (9) is repealed.

(5)In section 248C(1) (power to prescribe courts to which sections 248A and 248B apply), the words from “and, without prejudice”                        to the end are repealed.

(6)In section 249(8) (compensation orders)—

(a)in paragraph (a), the words “, or a stipendiary magistrate,” are repealed, and

(b)in paragraph (b), the words “(other than a stipendiary magistrate)” are repealed.

(7)In section 307(1) (interpretation)—

(a)in the definition of “justice”, the words “stipendiary magistrate or” are repealed, and

(b)the definition of “stipendiary magistrate” is repealed.

#### Criminal Proceedings etc. (Reform) (Scotland) Act 2007S

40(1)The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended in accordance with this paragraph.S

(2)In section 61(3)(a) (efficient disposal of business in JP courts), for “stipendiary magistrate” substitute “ summary sheriff ”.

(3)In section 62 (area and territorial jurisdiction of JP courts)—

(a)in each of subsections (4), (5), (6) and (7), the words “or stipendiary magistrate” in each place they appear are repealed,

(b)in subsection (4), the words “or (as the case may be) magistrate” are repealed,

(c)in subsection (7)(a), the words “or (as the case may be) stipendiary magistrate” are repealed.

(4)In section 63 (constitution and powers etc. of JP courts), in each of subsections (2) and (5)(a), for “stipendiary magistrate”                        substitute “ summary sheriff ”.

(5)The following sections are repealed—

(a)section 74 (appointment of stipendiary magistrates),

(b)section 74A (exercise of functions by stipendiary magistrates),

(c)section 75 (stipendiary magistrates: further provision).

(6)In section 76 (signing functions)—

(a)in subsection (1), the words “or a stipendiary magistrate” are repealed,

(b)in subsection (5), the words “, stipendiary magistrate” are repealed.

(7)In section 77 (records and validity of appointment)—

(a)in subsection (1), in each of paragraphs (a) and (b)(ii), the words “or stipendiary magistrate” are repealed,

(b)in subsection (2), the words “and stipendiary magistrates” are repealed,

(c)subsection (5) is repealed.

#### Judiciary and Courts (Scotland) Act 2008S

41SIn subsection (2) of section 43 of the Judiciary and Courts (Scotland) Act 2008 (meaning of “judicial office holder”), paragraph                        (h) is repealed.

### **PART 11**SMISCELLANEOUS

#### Judicial Offices (Salaries, &c.) Act 1952S

42SThe Judicial Offices (Salaries, &c.) Act 1952 is repealed.

#### Court of Session Act 1988S

43SIn section 51 of the Court of Session Act 1988 (interpretation), in the definition of “enactment”, after “sederunt” insert                        “ and an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament ”.

#### Criminal Procedure (Scotland) Act 1995S

44SIn section 85(4) of the Criminal Procedure (Scotland) Act 1995 (citation of jurors), the words “by registered post or recorded                        delivery” are repealed.

#### Interpretation and Legislative Reform (Scotland) Act 2010S

45SIn schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (definitions of words and expressions), for                        the entry for “sheriff” substitute—

““sheriff” is to be construed in accordance with section 134(2) and (3) of the Courts Reform (Scotland) Act 2014,”.