# Courts Reform (Scotland) Act 2014

        - Previous
        - Next

S

# 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

(1)For the purposes of the administration of justice, Scotland is to be divided into areas, each to be known as a “sheriffdom”.                  

(2)A sheriffdom is to comprise one or more areas, each to be known as a “sheriff court district”.                  

(3)Within each sheriff court district a place is to be designated at which the judiciary of the sheriffdom are to sit and hold                        court for the purpose of exercising their judicial functions; and such sittings are to be known as a “sheriff court”.                  

(4)The sheriffdoms and sheriff court districts existing immediately before the date on which this section comes into force are                        to continue to exist on and after that date, and are accordingly the first sheriffdoms and sheriff court districts for the                        purposes of subsections (1) and (2).                  

(5)On and after the date on which this section comes into force, sheriff courts are to continue to be held at the places at which                        they were held immediately before that date, and accordingly those places are the first places designated for the holding                        of sheriff courts for the purposes of subsection (3).                  

(6)Subsections (4) and (5) are subject to an order under section 2.                  

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

(1)The Scottish Ministers may, following submission of a proposal under subsection (2), by order do any of the following—                  

(a)alter the boundaries of sheriffdoms or sheriff court districts,                  

(b)abolish sheriffdoms or sheriff court districts,                  

(c)form new sheriffdoms or sheriff court districts,                  

(d)provide that sheriff courts are to be held, or to cease being held, at any place specified in the order.                  

(2)The Scottish Courts and Tribunals Service may, with the agreement of the Lord President of the Court of Session, submit a                        proposal to the Scottish Ministers for the making of an order under subsection (1).                  

(3)Before submitting a proposal to the Scottish Ministers, the Scottish Courts and Tribunals Service must consult such persons                        as it considers appropriate.                  

(4)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.                  

(5)The Scottish Ministers may make an order under subsection (1) only with the consent of—                  

(a)the Lord President, and                  

(b)the Scottish Courts and Tribunals Service.                  

(6)An order under subsection (1) may—                  

(a)abolish any office in consequence of any provision made under subsection (1),                  

(b)modify any enactment (including this Act).                  

### 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

(1)A sheriff principal of a sheriffdom may appoint—                  

(a)a qualifying former sheriff principal to act as a sheriff of the sheriffdom,                  

(b)a qualifying former sheriff to act as such a sheriff,                  

(c)a qualifying former part-time sheriff to act as such a sheriff,                  

(d)a qualifying former summary sheriff to act as a summary sheriff of the sheriffdom,                  

(e)a qualifying former part-time summary sheriff to act as such a summary sheriff.                  

(2)An individual appointed to act as mentioned in any of paragraphs (a) to (e) of subsection (1) may so act only during such                        periods or on such occasions as the sheriff principal may determine.                  

(3)A sheriff principal may make an appointment under subsection (1) only if it appears to the sheriff principal to be expedient                        as a temporary measure in order to facilitate the disposal of business in the sheriff courts of the sheriffdom.                  

(4)A “qualifying former sheriff principal” is an individual who—                  

(a)ceased to hold that office other than by virtue of an order under section 25, and                  

(b)has not reached the age of 75.                  

(5)A “qualifying former sheriff” is an individual who—                  

(a)ceased to hold that office other than—                  

(i)by virtue of an order under section 25, or                  

(ii)by being appointed as a sheriff principal, and                  

(b)has not reached the age of 75.                  

(6)A “qualifying former part-time sheriff” is an individual who—                  

(a)ceased to hold that office other than—                  

(i)by virtue of removal under section 25,                  

(ii)by virtue of not being reappointed to the office on either of the grounds mentioned in section 9(1)(b) and (c), or                  

(iii)by being appointed as a sheriff principal, and                  

(b)has not reached the age of 75.                  

(7)A “qualifying former summary sheriff” is an individual who—                  

(a)ceased to hold that office other than—                  

(i)by virtue of an order under section 25, or                  

(ii)by being appointed as a sheriff, and                  

(b)has not reached the age of 75.                  

(8)A “qualifying former part-time summary sheriff” is an individual who—                  

(a)ceased to hold that office other than—                  

(i)by virtue of removal under section 25,                  

(ii)by virtue of not being reappointed to the office on either of the grounds mentioned in section 11(1)(b) and (c), or                  

(iii)by being appointed as a sheriff, and                  

(b)has not reached the age of 75.                  

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

(1)Subject to subsection (4), an individual's appointment under section 12(1) lasts until the sheriff principal by whom the individual                        was appointed (or a successor to that sheriff principal) recalls the individual's appointment.                  

(2)An individual appointed under section 12(1) to act as a sheriff of a sheriffdom may exercise in the sheriffdom the jurisdiction                        and powers that attach to the office of sheriff, and does not need a commission for that purpose.                  

(3)An individual appointed under section 12(1) to act as a summary sheriff of a sheriffdom may exercise in the sheriffdom the                        jurisdiction and powers that attach to the office of summary sheriff, and does not need a commission for that purpose.                  

(4)An individual's appointment under section 12(1) ceases when the individual reaches the age of 75.                  

(5)Despite the ending (whether by virtue of subsection (4) or otherwise) of an individual's appointment under section 12(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.                  

#### Qualification and disqualificationS

##### 14Qualification for appointmentS

(1)An individual is qualified for appointment to a judicial office mentioned in subsection (2) if the individual—                  

(a)immediately before the appointment, held any other judicial office specified in that subsection, or                  

(b)at the time of appointment—                  

(i)is legally qualified, and                  

(ii)has been so qualified throughout the period of 10 years immediately preceding the appointment.                  

(2)The judicial offices are—                  

(a)sheriff principal,                  

(b)sheriff,                  

(c)summary sheriff,                  

(d)part-time sheriff,                  

(e)part-time summary sheriff.                  

(3)For the purposes of subsection (1), an individual is legally qualified if the individual is a solicitor or an advocate.                  

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

(1)An individual holding a judicial office mentioned in subsection (2) must not, for so long as the individual holds the office—                  

(a)engage, whether directly or indirectly, in practice as a solicitor or advocate or in any other business,                  

(b)be in partnership with, or employed by, a person so engaged, or                  

(c)act as agent for a person so engaged.                  

(2)The judicial offices are—                  

(a)sheriff principal,                  

(b)sheriff,                  

(c)summary sheriff.                  

(3)A part-time sheriff, or a part-time summary sheriff, who is a solicitor in practice must not carry out any function as a part-time                        sheriff or, as the case may be, a part-time summary sheriff in a sheriff court district in which his or her place of business                        as such solicitor is situated.                  

#### Remuneration and expensesS

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

##### 17ExpensesS

#### Leave of absenceS

##### 18Leave of absenceS

(1)The Lord President of the Court of Session may, for any sheriff principal or temporary sheriff principal, approve leave of                        absence for recreational or other purposes.                  

(2)The sheriff principal of a sheriffdom may, for any sheriff or summary sheriff of the sheriffdom, approve leave of absence                        for recreational or other purposes.                  

(3)The amount of leave for recreational purposes approved under this section for any sheriff principal, temporary sheriff principal,                        sheriff or summary sheriff must not exceed 7 weeks in any year.                  

(4)That limit may be exceeded in any case with the permission of the Lord President.                  

(5)The Lord President may grant permission under subsection (4) only if there are special reasons in the particular case that                        justify exceeding the limit.                  

(6)The Lord President may delegate to a judge of the Court of Session a function conferred on the Lord President by this section.                  

(7)In subsections (1) and (2), the references to leave of absence for purposes other than recreational purposes include (but                        are not limited to) references to sick leave, compassionate leave and study leave.                  

#### ResidenceS

##### 19Place of residenceS

(1)The Lord President of the Court of Session may require a judicial officer mentioned in subsection (2) to reside ordinarily                        at such place as the Lord President may specify.                  

(2)The judicial officers are—                  

(a)a sheriff principal,                  

(b)a sheriff,                  

(c)a summary sheriff.                  

#### Cessation of appointmentS

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

(1)A judicial officer mentioned in subsection (3) may resign at any time by giving notice to that effect to the Scottish Ministers.                  

(2)An individual's appointment as such a judicial officer ends—                  

(a)when the individual resigns in accordance with subsection (1),                  

(b)when the individual retires from office,                  

(c)if the individual is removed from office as such under section 25, or                  

(d)if the individual is appointed as another such judicial officer.                  

(3)The judicial officers are—                  

(a)a sheriff principal,                  

(b)a sheriff,                  

(c)a summary sheriff,                  

(d)a part-time sheriff,                  

(e)a part-time summary sheriff.                  

#### Fitness for officeS

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

(1)The First Minister must, if requested to do so by the Lord President of the Court of Session, constitute a tribunal to investigate                        and report on whether an individual holding a judicial office mentioned in subsection (3) is unfit to hold the office by reason                        of inability, neglect of duty or misbehaviour.                  

(2)Subject to subsection (1), the First Minister may, in such circumstances as the First Minister thinks fit and after consulting                        the Lord President, constitute such a tribunal.                  

(3)The judicial offices are—                  

(a)sheriff principal,                  

(b)sheriff,                  

(c)summary sheriff,                  

(d)part-time sheriff, and                  

(e)part-time summary sheriff.                  

(4)A tribunal constituted under this section is to consist of—                  

(a)one individual who is a qualifying member of the Judicial Committee of the Privy Council,                  

(b)one individual who holds the relevant judicial office,                  

(c)one individual who is, and has been for at least 10 years—                  

(i)an advocate, or                  

(ii)a solicitor, and                  

(d)one individual who—                  

(i)is not and never has been a qualifying member of the Judicial Committee of the Privy Council,                  

(ii)does not hold and never has held a judicial office mentioned in subsection (3), and                  

(iii)is not and never has been an advocate or solicitor.                  

(5)In subsection (4)—                  
          -  “a qualifying member of the Judicial Committee of the Privy Council” means someone who is a member of that Committee by virtue of section 1(2)(a) of the Judicial Committee Act 1833 (that is,                           someone who holds or has held high judicial office),                         
          -  “the relevant judicial office” means—                          (a)
in respect of an investigation into whether an individual is fit to hold the office of sheriff principal, that office,
(b)
in respect of an investigation into whether an individual is fit to hold the office of sheriff or part-time sheriff, the office                                    of sheriff,                                 
(c)
in respect of an investigation into whether an individual is fit to hold the office of summary sheriff or part-time summary                                    sheriff, the office of summary sheriff.                                 
 

(6)It is for the First Minister, with the agreement of the Lord President, to select persons to be members of a tribunal constituted                        under this section.                  

(7)The person who is an individual mentioned in subsection (4)(a) is to chair the tribunal and has a casting vote.                  

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

(1)Subsection (2) applies where the Lord President of the Court of Session has requested that the First Minister constitute a                        tribunal under section 21.                  

(2)The Lord President may, at any time before the tribunal reports to the First Minister, suspend from office the individual                        who is, or is to be, the subject of the tribunal's investigation.                  

(3)Such a suspension lasts until the Lord President orders otherwise.                  

(4)A tribunal constituted under section 21 may, at any time before the tribunal reports to the First Minister, recommend in writing                        to the First Minister that the individual who is the subject of the tribunal's investigation be suspended from office.                  

(5)On receiving such a recommendation, the First Minister may suspend the individual from office.                  

(6)Such a suspension lasts until the First Minister orders otherwise.                  

(7)Suspension of an individual from the office of sheriff principal, sheriff or summary sheriff under this section does not affect                        any remuneration payable to, or in respect of, the individual in respect of the period of suspension.                  

##### 23Further provision about tribunalsS

(1)A tribunal constituted under section 21 may require any person—                  

(a)to attend its proceedings for the purpose of giving evidence,                  

(b)to produce documents in the person's custody or under the person's control.                  

(2)A person on whom such a requirement is imposed is not obliged—                  

(a)to answer any question which the person would be entitled to refuse to answer in a court in Scotland,                  

(b)to produce any document which the person would be entitled to refuse to produce in such a court.                  

(3)Subsection (4) applies where a person on whom a requirement has been imposed under subsection (1)—                  

(a)refuses or fails, without reasonable excuse, to comply with the requirement,                  

(b)refuses or fails, without reasonable excuse, to answer any question while attending the tribunal proceedings to give evidence,                  

(c)deliberately alters, conceals or destroys any document that the person is required to produce.                  

(4)The Court of Session may, on an application made to it by the tribunal—                  

(a)make such order for enforcing compliance as it sees fit, or                  

(b)deal with the matter as if it were a contempt of the Court.                  

(5)The Court of Session may by act of sederunt make provision as to the procedure to be followed by and before a tribunal constituted                        under section 21.                  

(6)The Scottish Ministers—                  

(a)must pay such expenses as they consider are reasonably required to be incurred to enable a tribunal constituted under section                        21 to carry out its functions, and                  

(b)may pay such remuneration to, and such expenses of, the members of such a tribunal as they think fit.                  

Commencement Information

I1S. 23(5) in force at 12.3.2015 by S.S.I. 2015/77, **art. 2(1)**

##### 24Tribunal reportS

(1)The report of a tribunal constituted under section 21 must—                  

(a)be in writing,                  

(b)contain reasons for its conclusion, and                  

(c)be submitted to the First Minister.                  

(2)The First Minister must lay the report before the Scottish Parliament.                  

##### 25Removal from officeS

(1)The First Minister may remove an individual from the office of sheriff principal, sheriff, part-time sheriff, summary sheriff                        or part-time summary sheriff—                  

(a)if a tribunal constituted under section 21 reports to the First Minister that the individual is unfit to hold that office                        by reason of inability, neglect of duty or misbehaviour, and                  

(b)only after the First Minister has laid the report before the Scottish Parliament under section 24(2).                  

(2)The First Minister may remove a sheriff principal, sheriff or summary sheriff under subsection (1) only by order.                  

(3)Such an order is subject to the negative procedure.                  

Prospective

#### Honorary sheriffsS

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

The office of honorary sheriff is abolished.

### CHAPTER 3SORGANISATION OF BUSINESS

#### Sheriff principal's general responsibilitiesS

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

(1)The sheriff principal of a sheriffdom is responsible for ensuring the efficient disposal of business in the sheriff courts                        of the sheriffdom.                  

(2)The sheriff principal must make such arrangements as appear necessary or expedient for the purpose of carrying out the responsibility                        imposed by subsection (1).                  

(3)In particular, the sheriff principal may—                  

(a)provide for the allocation of business among the judiciary of the sheriffdom,                  

(b)make special provision of a temporary nature for the disposal of any business by any member of the judiciary of the sheriffdom                        in addition to or in place of that member's own duties.                  

(4)If, in carrying out the responsibility imposed by subsection (1), the sheriff principal gives a direction of an administrative                        character to a person mentioned in subsection (5), the person must comply with the direction.                  

(5)Those persons are—                  

(a)any other member of the judiciary of the sheriffdom,                  

(b)a member of the staff of the Scottish Courts and Tribunals Service.                  

(6)Nothing in subsections (1) to (4) enables a member of the judiciary of the sheriffdom to dispose of any business which that                        member could not otherwise competently dispose of in the exercise of the jurisdiction and powers that attach to the member's                        office.                  

(7)Subsections (1) to (4) are subject to section 2(2)(a) and (3) of the Judiciary and Courts (Scotland) Act 2008 (the Head of                        the Scottish Judiciary's responsibility for efficient disposal of business in the Scottish courts).                  

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

(1)The sheriff principal of a sheriffdom may by order prescribe—                  

(a)the number of sittings of sheriff courts to be held at each place designated for the holding of sheriff courts in the sheriffdom,                  

(b)the days on which, and the times at which, those sittings are to be held, and                  

(c)the descriptions of business to be disposed of at those sittings.                  

(2)The sheriff principal must publish notice of the matters prescribed by an order under subsection (1) in such manner as the                        sheriff principal thinks appropriate in order to bring those matters to the attention of persons having an interest in them.                  

(3)Subsection (1) is subject to section 2(2)(a) and (3) of the Judiciary and Courts (Scotland) Act 2008.                  

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

(1)Subsection (2) applies where in any case the Lord President of the Court of Session considers that the exercise by the sheriff                        principal of a sheriffdom of a function under section 27 or 28—                  

(a)is prejudicial to the efficient disposal of business in the sheriff courts of the sheriffdom,                  

(b)is prejudicial to the efficient organisation or administration of those courts, or                  

(c)is otherwise against the interest of the public.                  

(2)The Lord President may in that case—                  

(a)rescind the sheriff principal's exercise of the function, and                  

(b)exercise the function.                  

(3)Subsections (1) and (2) apply in relation to a failure to exercise a function mentioned in subsection (1) as they apply to                        the exercise of such a function, but as if paragraph (a) of subsection (2) were omitted.                  

(4)The exercise of a function by the Lord President by virtue of subsection (2)(b) is to be treated as if it were the exercise                        of the function by the sheriff principal.                  

#### Deployment of judiciaryS

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

(1)Subsection (2) applies where, in relation to a sheriffdom (“sheriffdom A”)—                  

(a)a vacancy occurs in the office of sheriff principal,                  

(b)the Lord President of the Court of Session believes that the sheriff principal is unable to perform all or some of the functions                        of the office, or                  

(c)the sheriff principal rules that he or she is precluded from performing all or some of those functions.                  

(2)The Lord President may authorise the sheriff principal of another sheriffdom (“sheriffdom B”) to perform the functions of                        sheriff principal in sheriffdom A (in addition to sheriffdom B) until the Lord President decides otherwise.                  

(3)The authorisation may be made for the purpose of the performance of—                  

(a)all of the functions of the sheriff principal of sheriffdom A, or                  

(b)only those functions that that sheriff principal is unable to perform or is precluded from performing.                  

(4)The Lord President may make an authorisation in the circumstances specified in subsection (1)(a) only if the Lord President                        considers such an authorisation to be necessary or expedient in order to avoid a delay in the administration of justice in                        sheriffdom A.                  

(5)A sheriff principal authorised under this section to perform the functions of sheriff principal in another sheriffdom may                        exercise the jurisdiction and powers that attach to the office of sheriff principal in the other sheriffdom and does not need                        a commission for that purpose.                  

(6)References in this section to the sheriff principal of a sheriffdom include references to any temporary sheriff principal                        of the sheriffdom.                  

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

(1)The Lord President of the Court of Session may direct a sheriff or summary sheriff of a sheriffdom (“sheriffdom A”) to perform                        the functions of sheriff or, as the case may be, summary sheriff in another sheriffdom (“sheriffdom B”) until the Lord President                        decides otherwise.                  

(2)The direction may require the sheriff or summary sheriff to perform the functions in sheriffdom B either in addition to or                        instead of performing the functions in sheriffdom A.                  

(3)The Lord President may at any time give a further direction to the sheriff or summary sheriff directing the sheriff or, as                        the case may be, summary sheriff to perform the functions of sheriff or, as the case may be, summary sheriff in another sheriffdom                        until the Lord President decides otherwise.                  

(4)Where a further direction is given under subsection (3) requiring functions to be carried out in another sheriffdom, the direction                        may require the sheriff or summary sheriff to perform the functions in that other sheriffdom in addition to or instead of                        performing the functions—                  

(a)in sheriffdom A, or                  

(b)in any other sheriffdom by virtue of—                  

(i)a direction under subsection (1), or                  

(ii)a further direction under subsection (3).                  

(5)A sheriff or summary sheriff directed under this section to perform the functions of sheriff or summary sheriff in another                        sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff or, as the case may be, summary sheriff                        in the other sheriffdom and does not need a commission for that purpose.                  

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

(1)The Lord President of the Court of Session may direct that—                  

(a)the sheriff principal of a sheriffdom is to cease to be the sheriff principal of that sheriffdom and is instead to be sheriff                        principal of such other sheriffdom as is specified in the direction,                  

(b)a sheriff of a sheriffdom is to cease to be a sheriff of that sheriffdom and is instead to be a sheriff of such other sheriffdom                        as is specified in the direction,                  

(c)a summary sheriff of a sheriffdom is to cease to be a summary sheriff of that sheriffdom and is instead to be a summary sheriff                        of such other sheriffdom as is specified in the direction.                  

(2)A direction under subsection (1) takes effect on such date as is specified in the direction.                  

(3)The reference in subsection (1) to the sheriff principal, a sheriff or summary sheriff of a sheriffdom is to one—                  

(a)appointed for the sheriffdom, or                  

(b)who is the sheriff principal, a sheriff or, as the case may be, summary sheriff of the sheriffdom by virtue of a previous                        direction under subsection (1).                  

(4)A sheriff principal, sheriff or summary sheriff directed under subsection (1) to be the sheriff principal, a sheriff or summary                        sheriff of another sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff principal, sheriff                        or, as the case may be, summary sheriff in the other sheriffdom and does not need a commission for that purpose.                  

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

(1)On the appointment of a sheriff or summary sheriff of a sheriffdom, the Lord President of the Court of Session must give the                        sheriff or summary sheriff a direction designating the sheriff court district or districts in which the sheriff or summary                        sheriff is to sit and perform the functions of sheriff or, as the case may be, summary sheriff.                  

(2)The Lord President may at any time give a further direction to the sheriff or summary sheriff designating a different sheriff                        court district in which the sheriff or summary sheriff is to sit and perform the functions of sheriff or, as the case may                        be, summary sheriff.                  

(3)A direction given to a sheriff or summary sheriff of a sheriffdom under this section is subject to any direction given under                        section 27 to the sheriff or summary sheriff by the sheriff principal of the sheriffdom for the purpose of giving effect to                        special provision made under subsection (3)(b) of that section.                  

(4)Subsection (1) applies in the case where a direction under section 32(1) is made in relation to a sheriff or summary sheriff                        as it applies in the case where a sheriff or, as the case may be, summary sheriff is appointed.                  

#### Judicial specialisationS

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

(1)The Lord President of the Court of Session may, by direction, determine categories of sheriff court case that the Lord President                        considers to be suited to being dealt with by judicial officers that specialise in the category of case.                  

(2)The Lord President may determine categories of case under subsection (1) by reference to subject matter, value or such other                        criteria as the Lord President considers appropriate.                  

(3)The Lord President may issue different directions under subsection (1) in relation to different types of judicial officer.                  

(4)The Lord President may vary or revoke any direction made under subsection (1).                  

(5)In this section—                  
          -  “judicial officer” means—                          (a)
a sheriff,
(b)
a summary sheriff,
(c)
a part-time sheriff,
(d)
a part-time summary sheriff,
 
          -  “sheriff court case” means any type of proceedings (whether civil or criminal) that may competently be brought in the sheriff court.                         

##### 35Designation of specialist judiciaryS

(1)This section applies where the Lord President of the Court of Session has made a direction under section 34.                  

(2)The sheriff principal of a sheriffdom may—                  

(a)in relation to any category of case determined in the direction that may competently be dealt with by a sheriff, designate                        one or more sheriffs of the sheriffdom as specialists in that category of case,                  

(b)in relation to any category of case determined in the direction that may competently be dealt with by a summary sheriff, designate                        one or more summary sheriffs of the sheriffdom as specialists in that category of case.                  

(3)The sheriff principal may designate the same sheriff or summary sheriff in relation to more than one category of case determined                        in the direction.                  

(4)The sheriff principal of a sheriffdom may at any time withdraw a designation made (whether by that sheriff principal or another)                        under subsection (2) in relation to any sheriff, or summary sheriff, of the sheriffdom.                  

(5)The Lord President may—                  

(a)in relation to any category of case determined in the direction that may competently be dealt with by a part-time sheriff,                        designate one or more part-time sheriffs as specialists in that category,                  

(b)in relation to any category of case determined in the direction that may competently be dealt with by a part-time summary                        sheriff, designate one or more part-time summary sheriffs as specialists in that category.                  

(6)The Lord President may at any time withdraw a designation made under subsection (5).                  

(7)The designation of a sheriff, summary sheriff, part-time sheriff or part-time summary sheriff (a “designated judicial officer”)                        under this section does not affect—                  

(a)the designated judicial officer's competence to deal with any category of case other than the one in relation to which the                        designation is made, or                  

(b)the competence of any other sheriff, summary sheriff, part-time sheriff or part-time summary sheriff to deal with the category                        of case in relation to which the designation is made.                  

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

(1)Subsection (2) applies where the Lord President of the Court of Session or the sheriff principal of a sheriffdom is exercising                        any function relating to the allocation of business among the judiciary of a sheriffdom.                  

(2)The Lord President or, as the case may be, the sheriff principal must have regard to the desirability of ensuring that cases                        falling within a category determined under section 34 are dealt with by sheriffs, summary sheriffs, part-time sheriffs or,                        as the case may be, part-time summary sheriffs designated under section 35 as specialists in that category of case.                  

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

Sections 34 to 36 do not affect any power that the Lord President of the Court of Session has apart from those sections to                     provide for judicial specialisation in the sheriff courts.                  

### 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

### 130The Scottish Courts and Tribunals ServiceS

(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—                  

#### “61AAdministrative support for the Scottish Tribunals and their members etc.

(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.                  

Commencement Information

I2S. 130 in force at 2.2.2015 for specified purposes by S.S.I. 2015/12, **art. 2**

## **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

I3S. 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(1)The Judiciary and Courts (Scotland) Act 2008 is amended in accordance with this paragraph.S

(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,

(c)after sub-paragraph (2)(f) insert “, 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** ”,

(c)schedule 3 becomes “ THE SCOTTISH COURTS AND TRIBUNALS SERVICE ”.

Commencement Information

I4Sch. 4 para. 1(1)(2)(6)(8)(9) in force at 2.2.2015 for specified purposes by S.S.I. 2015/12, **art. 2**

### **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(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.S

(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,

(c)a homeowner housing committee constituted in accordance with that Schedule,

(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.                         

Commencement Information

I5Sch. 4 para. 3(1)-(4)(6) in force at 2.2.2015 for specified purposes by S.S.I. 2015/12, **art. 2**

### **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,”.