# Courts Reform (Scotland) Act 2014

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# Courts Reform (Scotland) Act 2014

# 2014 asp 18                     

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

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

## **PART 1**SSHERIFF COURTS

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

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

(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.                  

Commencement Information

I1S. 1 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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).                  

Commencement Information

I2S. 2 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### CHAPTER 2SJUDICIARY OF THE SHERIFFDOMS

#### Permanent and full-time judiciaryS

##### 3Sheriffs principalS

(1)For each sheriffdom, there is to continue to be a judicial officer to be known as the “sheriff principal” of the sheriffdom.                  

(2)It is for Her Majesty to appoint an individual to the office of sheriff principal.                  

(3)The First Minister may, under section 95(4) of the Scotland Act 1998, recommend to Her Majesty the appointment of an individual                        to the office of sheriff principal only if the individual is qualified for appointment (see section 14).                  

(4)Subsection (3) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation                        by the Judicial Appointments Board for Scotland).                  

(5)In addition to the jurisdiction and powers that attach specifically to the office of sheriff principal, the sheriff principal                        of a sheriffdom may also exercise in the sheriffdom the jurisdiction and powers that attach to the office of sheriff.                  

(6)Subsection (5) is subject to any provision, express or implied, to the contrary in any other enactment.                  

Commencement Information

I3S. 3 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 4SheriffsS

(1)For each sheriffdom, there are to continue to be judicial officers each to be known as a “sheriff” of the sheriffdom.                  

(2)It is for Her Majesty to appoint an individual to the office of sheriff.                  

(3)The First Minister may, under section 95(4) of the Scotland Act 1998, recommend to Her Majesty the appointment of an individual                        to the office of sheriff only if the individual is qualified for appointment (see section 14).                  

(4)Subsection (3) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation                        by the Judicial Appointments Board for Scotland).                  

Commencement Information

I4S. 4 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 5Summary sheriffsS

(1)For each sheriffdom, there are to be judicial officers each to be known as a “summary sheriff” of the sheriffdom.                  

(2)It is for Her Majesty to appoint an individual to the office of summary sheriff.                  

(3)Her Majesty may appoint an individual only if the individual has been recommended for appointment by the First Minister.                  

(4)The First Minister may recommend to Her Majesty the appointment of an individual only if the individual is qualified for appointment                        (see section 14).                  

(5)Before making a recommendation under subsection (3), the First Minister must consult the Lord President of the Court of Session.                  

(6)Subsection (4) does not affect the operation of section 11 of the Judiciary and Courts (Scotland) Act 2008 (recommendation                        by the Judicial Appointments Board for Scotland).                  

Commencement Information

I5S. 5 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### Temporary and part-time judiciaryS

##### 6Temporary sheriff principalS

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

(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)If the Lord President so requests, the Scottish Ministers must appoint—                  

(a)a person holding the office of sheriff (whether of the same or another sheriffdom), or                  

(b)a qualifying former sheriff principal (whether of the same or another sheriffdom),                  

to act as sheriff principal of the sheriffdom.

(3)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.                  

(4)The appointment may be made for the purposes of the exercise of—                  

(a)all of the sheriff principal's functions, or                  

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

(5)An individual appointed under subsection (2) is to be known as a “temporary sheriff principal”.                  

(6)The Lord President may request the appointment of a temporary sheriff principal for a sheriffdom in the circumstances specified                        in subsection (1)(a) only if the Lord President considers such an appointment to be necessary or expedient in order to avoid                        a delay in the administration of justice in the sheriffdom.                  

Commencement Information

I6S. 6 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)Subject to subsection (3), an individual's appointment as a temporary sheriff principal lasts until recalled under subsection                        (2).                  

(2)The Scottish Ministers must, if requested to do so by the Lord President of the Court of Session, recall the appointment of                        a temporary sheriff principal.                  

(3)A sheriff's appointment as a temporary sheriff principal ceases if the sheriff—                  

(a)ceases to hold office as sheriff, or                  

(b)is suspended from office as sheriff.                  

(4)Subject to section 6(4)(b), a temporary sheriff principal of a sheriffdom may exercise the jurisdiction and powers that attach                        to the office of sheriff principal of the sheriffdom, and does not need a commission for that purpose.                  

(5)The appointment of a sheriff as a temporary sheriff principal does not affect the sheriff's appointment as sheriff.                  

(6)Where a sheriff of one sheriffdom (“sheriffdom A”) is appointed as temporary sheriff principal of another sheriffdom (“sheriffdom                        B”)—                  

(a)the sheriff must not, while remaining temporary sheriff principal of sheriffdom B, act in the capacity of sheriff of sheriffdom                        A, but                  

(b)in addition to the jurisdiction and powers that attach specifically to the office of sheriff principal, the sheriff, by virtue                        of the appointment as temporary sheriff principal of sheriffdom B, may also exercise in that sheriffdom the jurisdiction and                        powers that attach to the office of sheriff of that sheriffdom.                  

Commencement Information

I7S. 7 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 8Part-time sheriffsS

(1)The Scottish Ministers may appoint individuals to act as sheriffs; and individuals so appointed are to be known as “part-time sheriffs”.                  

(2)The Scottish Ministers may appoint an individual only if—                  

(a)the individual is qualified for appointment (see section 14), and                  

(b)the Scottish Ministers have consulted the Lord President of the Court of Session before making the appointment.                  

(3)Subject to section 20, an appointment as a part-time sheriff lasts for 5 years.                  

(4)A part-time sheriff may exercise the jurisdiction and powers that attach to the office of sheriff in every sheriffdom, and                        does not need a commission for that purpose.                  

(5)A part-time sheriff is subject to such instructions, arrangements and other provisions as may be made under this Act by the                        sheriff principal of the sheriffdom in which the part-time sheriff is for the time being sitting.                  

(6)In carrying out their functions under this Act, sheriffs principal must together have regard to the desirability of securing                        that every part-time sheriff—                  

(a)is given the opportunity of sitting on not fewer than 20 days in each successive period of 12 months beginning with the day                        of the part-time sheriff's appointment, and                  

(b)does not sit for more than 100 days in each such successive period.                  

Commencement Information

I8S. 8 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)A part-time sheriff whose appointment comes to an end by virtue of the expiry of the 5 year period mentioned in section 8(3)                        is to be reappointed unless—                  

(a)the part-time sheriff declines reappointment,                  

(b)a sheriff principal has made a recommendation to the Scottish Ministers against the reappointment, or                  

(c)the part-time sheriff has sat for fewer than 50 days in total in that 5 year period.                  

(2)Section 8 (apart from subsection (2)) applies to a reappointment under subsection (1) as it applies to an appointment.                  

(3)A part-time sheriff whose appointment comes to an end by resignation under section 20 may be reappointed.                  

(4)Section 8 applies to a reappointment under subsection (3) as it applies to an appointment.                  

Commencement Information

I9S. 9 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 10Part-time summary sheriffsS

(1)The Scottish Ministers may appoint individuals to act as summary sheriffs; and individuals so appointed are to be known as                        “part-time summary sheriffs”.                  

(2)The Scottish Ministers may appoint an individual only if—                  

(a)the individual is qualified for appointment (see section 14), and                  

(b)the Scottish Ministers have consulted the Lord President of the Court of Session before making the appointment.                  

(3)Subject to section 20, an appointment as a part-time summary sheriff lasts for 5 years.                  

(4)A part-time summary sheriff may exercise the jurisdiction and powers that attach to the office of summary sheriff in every                        sheriffdom, and does not need a commission for that purpose.                  

(5)A part-time summary sheriff is subject to such instructions, arrangements and other provisions as may be made under this Act                        by the sheriff principal of the sheriffdom in which the part-time summary sheriff is for the time being sitting.                  

(6)In carrying out their functions under this Act, sheriffs principal must together have regard to the desirability of securing                        that every part-time summary sheriff—                  

(a)is given the opportunity of sitting on not fewer than 20 days in each successive period of 12 months beginning with the day                        of the part-time summary sheriff's appointment, and                  

(b)does not sit for more than 100 days in each such successive period.                  

Commencement Information

I10S. 10 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)A part-time summary sheriff whose appointment comes to an end by virtue of the expiry of the 5 year period mentioned in section                        10(3) is to be reappointed unless—                  

(a)the part-time summary sheriff declines reappointment,                  

(b)a sheriff principal has made a recommendation to the Scottish Ministers against the reappointment, or                  

(c)the part-time summary sheriff has sat for fewer than 50 days in total in that 5 year period.                  

(2)Section 10 (apart from subsection (2)) applies to a reappointment under subsection (1) as it applies to an appointment.                  

(3)A part-time summary sheriff whose appointment comes to an end by resignation under section 20 may be reappointed.                  

(4)Section 10 applies to a reappointment under subsection (3) as it applies to an appointment.                  

Commencement Information

I11S. 11 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.                  

Commencement Information

I12S. 12 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I13S. 13 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.                  

Commencement Information

I14S. 14 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I15S. 15 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### Remuneration and expensesS

##### 16RemunerationS

(1)Each sheriff principal and sheriff is to be paid such salary as the Treasury may determine.                  

(2)Such salary is to be paid quarterly or otherwise in every year, as the Treasury may determine.                  

(3)Each summary sheriff is to be paid such remuneration as the Scottish Ministers may determine.                  

(4)The Scottish Ministers may determine different amounts of remuneration for—                  

(a)different summary sheriffs, or                  

(b)different descriptions of summary sheriff.                  

(5)Each judicial officer mentioned in subsection (7) is to be paid such remuneration as the Scottish Ministers may determine.                  

(6)The Scottish Ministers may determine different amounts of remuneration for—                  

(a)different judicial officers mentioned in subsection (7), or                  

(b)different descriptions of such judicial officers.                  

(7)The judicial officers are—                  

(a)a part-time sheriff,                  

(b)a part-time summary sheriff,                  

(c)an individual appointed to act as a sheriff or summary sheriff under section 12(1).                  

(8)Subsection (9) applies in relation to—                  

(a)a sheriff principal of a sheriffdom authorised under section 30 to perform the functions of a sheriff principal in another                        sheriffdom, and                  

(b)a sheriff of a sheriffdom (“sheriffdom A”) directed under section 31 to perform the functions of sheriff in another sheriffdom                        in addition to sheriffdom A.                  

(9)The sheriff principal or sheriff is to be paid, in respect of the additional functions, such remuneration as appears to the                        Secretary of State, with the consent of the Treasury, to be reasonable in all the circumstances.                  

(10)Subsection (11) applies in relation to a summary sheriff of a sheriffdom (“sheriffdom B”) directed under section 31 to perform                        the functions of a summary sheriff in another sheriffdom in addition to sheriffdom B.                  

(11)The summary sheriff is to be paid, in respect of the additional functions, such remuneration as appears to the Scottish Ministers                        to be reasonable in all the circumstances.                  

(12)Salaries and remuneration under subsections (1) to (11) are to be paid by the Scottish Courts and Tribunals Service.                  

(13)Sums required by the Scottish Courts and Tribunals Service for the payment of a salary under subsection (1) or remuneration                        under subsection (3) are charged on the Scottish Consolidated Fund.                  

Commencement Information

I16S. 16(1)-(11) in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.** (with art. 3)

##### 17ExpensesS

(1)The Scottish Courts and Tribunals Service may pay to a judicial officer mentioned in subsection (3) such sums as it may determine                        in respect of expenses reasonably incurred by the officer in the performance of, or in connection with, the officer's duties.                  

(2)The Scottish Courts and Tribunals Service may—                  

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

(b)determine different circumstances for—                  

(i)different judicial officers, or                  

(ii)different descriptions of judicial officers.                  

(3)The judicial officers are—                  

(a)a sheriff principal,                  

(b)a sheriff,                  

(c)a summary sheriff,                  

(d)a temporary sheriff principal,                  

(e)a part-time sheriff,                  

(f)a part-time summary sheriff,                  

(g)individuals appointed to act as a sheriff or summary sheriff under section 12(1).                  

Commencement Information

I17S. 17 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.                  

Commencement Information

I18S. 18 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.                  

Commencement Information

I19S. 19 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.                  

Commencement Information

I20S. 20 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.                  

Commencement Information

I21S. 21 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.** (with art. 4)

##### 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.                  

Commencement Information

I22S. 22 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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

I23S. 23(1)-(4)(6) in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

I24S. 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.                  

Commencement Information

I25S. 24 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I26S. 25 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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).                  

Commencement Information

I27S. 27 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I28S. 28 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I29S. 29 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.                  

Commencement Information

I30S. 30 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I31S. 31 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I32S. 32 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I33S. 33 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.                         

Commencement Information

I34S. 34 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I35S. 35 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I36S. 36 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 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.                  

Commencement Information

I37S. 37 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### CHAPTER 4SCOMPETENCE AND JURISDICTION

#### Sheriffs: civil competence and jurisdictionS

##### 38Jurisdiction and competence of sheriffsS

(1)A sheriff continues to have the jurisdiction and competence that attached to the office of sheriff in relation to civil proceedings                        immediately before this section comes into force.                  

(2)Without limiting that generality, a sheriff has competence as respects proceedings for or in relation to—                  

(a)declarator,                  

(b)aliment or separation,                  

(c)recovery of maintenance arising out of an application under section 31(1) of the Maintenance Orders (Reciprocal Enforcement)                        Act 1972,                  

(d)divorce,                  

(e)division of commonty and division, or division and sale, of common property,                  

(f)questions of heritable right or title, including declarator of irritancy and removing,                  

(g)reduction, other than reduction of a decree of any court,                  

(h)proving the tenor,                  

(i)suspension of charges or threatened charges upon decrees of court granted by a sheriff or upon decrees of registration proceeding                        upon bonds, bills, contracts or other obligations registered in the books of a sheriff court or the Books of Council and Session,                  

(j)all civil maritime proceedings formerly competent in the High Court of Admiralty in Scotland.                  

(3)For the purpose of subsection (2)(e), the Division of Commonties Act 1695 has effect as if it conferred the same competence                        on a sheriff as it confers on the Court of Session.                  

Commencement Information

I38S. 38 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 39Exclusive competenceS

(1)This section applies to any civil proceedings—                  

(a)which a sheriff has competence to deal with, and                  

(b)in which—                  

(i)one or more orders of value are sought, and                  

(ii)the aggregate total value of all such orders sought, exclusive of interest and expenses, does not exceed £100,000.                  

(2)The proceedings may be brought only in the sheriff court and may not be brought in any other court.                  

(3)This section does not apply to family proceedings unless the only order sought in the proceedings is an order for payment                        of aliment.                  

(4)Subsection (2) is subject to section 92(7) (remit of cases in exceptional circumstances to the Court of Session).                  

(5)The Scottish Ministers may by order substitute another sum for the sum for the time being specified in subsection (1)(b)(ii).                  

(6)For the purposes of this Act, an order is an order of value if it is—                  

(a)an order for payment of money, or                  

(b)an order determining rights in relation to property.                  

(7)Provision may be made by the Court of Session by act of sederunt for determining, for the purposes of this Act—                  

(a)the value of an order,                  

(b)the aggregate total value of all the orders of value sought in any proceedings.                  

(8)An act of sederunt under subsection (7) may make different provision for different purposes.                  

Commencement Information

I39S. 39 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 40Territorial jurisdictionS

(1)This section applies for the purpose of determining the territorial extent of the jurisdiction of a sheriff of a sheriffdom                        in relation to matters other than criminal matters.                  

(2)The sheriff's jurisdiction extends throughout the sheriffdom and includes all of the following so far as located in or adjoining                        the sheriffdom—                  

(a)navigable rivers,                  

(b)ports,                  

(c)harbours,                  

(d)creeks,                  

(e)shores,                  

(f)anchoring grounds.                  

(3)Where two sheriffdoms are separated by a river, firth or estuary, the sheriffs of each sheriffdom on either side have concurrent                        jurisdiction over the intervening space occupied by the water.                  

(4)This section does not affect any other enactment or rule of law that has effect for the purpose of determining the territorial                        extent of the jurisdiction of a sheriff of a sheriffdom, whether generally or in relation to a particular case or description                        of case.                  

(5)This section is subject to an order under section 41(1).                  

Commencement Information

I40S. 40 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)The Scottish Ministers may by order provide that the jurisdiction of a sheriff of a specified sheriffdom sitting at a specified                        sheriff court extends territorially throughout Scotland for the purposes of dealing with specified types of civil proceedings.                  

(2)In subsection (1), “specified” means specified in an order under that subsection.                  

(3)An order under subsection (1) may be made only with the consent of the Lord President of the Court of Session.                  

(4)An order under subsection (1) does not affect—                  

(a)in relation to the sheriffdom specified in the order, the jurisdiction or competence of a sheriff of any other sheriffdom                        to deal with proceedings of the type specified in the order, or                  

(b)in relation to the sheriff court specified in the order, the jurisdiction or competence of a sheriff sitting at any other                        sheriff court to deal with such proceedings.                  

(5)This section does not apply in relation to proceedings under the Children's Hearings (Scotland) Act 2011.                  

Commencement Information

I41S. 41 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)This section applies in relation to a sheriff sitting at a sheriff court specified in an order under section 41(1) (referred                        to in this section as a “specified sheriff court”).                  

(2)The sheriff's all-Scotland jurisdiction is concurrent with, and alternative to, the sheriff's local jurisdiction.                  

(3)The sheriff's “all-Scotland jurisdiction” is the extended jurisdiction in relation to specified proceedings that the sheriff                        has by virtue of the order under section 41(1).                  

(4)The sheriff's “local jurisdiction” is the jurisdiction that the sheriff would have in relation to specified proceedings apart                        from the order under section 41(1).                  

(5)A party bringing specified proceedings in the specified sheriff court must indicate, at the time the proceedings are brought,                        whether they are for determination in the exercise of a sheriff's all-Scotland jurisdiction or a sheriff's local jurisdiction.                  

(6)Subsection (5) does not affect any power that a sheriff has to decline jurisdiction in any case.                  

(7)In this Act, references to an “all-Scotland sheriff court” are references to a specified sheriff court so far as the court                        is constituted by a sheriff sitting in the exercise of the sheriff's all-Scotland jurisdiction.                  

(8)For the purposes of any provision of this Act, or any other enactment, relating to the transfer or remit of proceedings between                        courts, a specified sheriff court is, when constituted as an all-Scotland sheriff court, taken to be a separate sheriff court                        from the court as constituted by a sheriff sitting in the exercise of the sheriff's local jurisdiction.                  

(9)In this section, “specified proceedings” means, in relation to a specified sheriff court, civil proceedings of a type that are specified in relation to that court                        in the order under section 41(1).                  

Commencement Information

I42S. 42 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)Subsection (2) applies for the purpose of determining the jurisdiction of a sheriff in relation to any civil proceedings that                        may competently be dealt with by a sheriff.                  

(2)The proceedings may be brought before the sheriff of a particular sheriffdom if—                  

(a)the defender (or, where there is more than one defender, one of them) resides in the sheriffdom,                  

(b)the defender (or, where there is more than one defender, one of them) formerly resided in the sheriffdom for at least 40 days                        and the defender—                  

(i)has ceased to reside there for fewer than 40 days, and                  

(ii)has no known residence in Scotland,                  

(c)the defender—                  

(i)carries on business in the sheriffdom,                  

(ii)has a place of business in the sheriffdom, and                  

(iii)is cited in the sheriffdom, either personally or at the place of business,                  

(d)where the defender is not otherwise subject to the jurisdiction of any court in Scotland, there has been arrested in the sheriffdom—                  

(i)a ship or vessel of which the defender is an owner or part-owner, demise charterer or master, or                  

(ii)goods, debts, money or other moveable property belonging to the defender,                  

(e)any property of which the defender is (either individually or as trustee) the owner, part-owner, tenant or joint tenant is                        located in the sheriffdom and the proceedings relate to such property or to the defender's interest in it,                  

(f)in proceedings for interdict, the alleged wrong is being committed or threatened to be committed in the sheriffdom,                  

(g)in proceedings relating to a contract—                  

(i)the place of execution or performance of the contract is located in the sheriffdom, and                  

(ii)the defender is personally cited in the sheriffdom,                  

(h)in actions of furthcoming or multiplepoinding—                  

(i)the fund or property that is the subject of the proceedings is located in the sheriffdom, or                  

(ii)the sheriff otherwise has jurisdiction over the arrestee or holder of the fund or property that is the subject of the proceedings,                  

(i)the party sued is the pursuer in any proceedings pending in the sheriffdom against the party suing,                  

(j)where the proceedings are founded in delict, the delict was committed in the sheriffdom,                  

(k)the defender has prorogated the jurisdiction of the sheriff or courts of the sheriffdom.                  

(3)Subsection (2) is subject to—                  

(a)section 8 of, and Schedule 1B to, the Domicile and Matrimonial Proceedings Act 1973,                  

(b)the Civil Jurisdiction and Judgments Act 1982,                  

(c)Chapter 3 of Part 1 of the Family Law Act 1986, and                  

(d)any other enactment or rule of law that applies for the purpose of determining the jurisdiction of a sheriff in relation to                        persons or subject-matter.                  

Commencement Information

I43S. 43 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

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

(1)A summary sheriff may, in relation to civil proceedings in the sheriff court, exercise the jurisdiction and powers that attach                        to the office of sheriff, but only in relation to the proceedings and other matters listed in schedule 1.                  

(2)This section does not affect the jurisdiction and competence of a sheriff in relation to the proceedings and other matters                        listed in schedule 1.                  

(3)The Scottish Ministers may by order modify schedule 1.                  

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

(1)A summary sheriff may, in relation to criminal investigations and proceedings (whether summary or solemn proceedings), exercise                        the jurisdiction and powers that attach to the office of sheriff.                  

(2)Without limiting the generality of subsection (1), the jurisdiction and powers exercisable by a summary sheriff under that                        subsection include, in particular, those of a sheriff under the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”).                  

(3)Despite subsections (1) and (2), a summary sheriff does not have jurisdiction or power to do any of the following in solemn                        criminal proceedings—                  

(a)to preside at any of the following diets, other than for the purpose of adjourning the diet—                  

(i)a first diet,                  

(ii)a diet under section 76(1) of the 1995 Act,                  

(iii)a trial diet,                  

(b)to pass sentence on an offender, or make any other order or disposal in respect of the conviction of an offender of an offence,                  

(c)to review, vary, revoke or discharge any sentence or such other order or disposal.                  

(4)This section does not affect the jurisdiction and competence of a sheriff in relation to any matter mentioned in subsection                        (1).                  

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

### CHAPTER 1SESTABLISHMENT AND ROLE

#### 46The Sheriff Appeal CourtS

(1)There is established a court of law to be known as the Sheriff Appeal Court.                  

(2)The Court consists of judges each to be known as an Appeal Sheriff.                  

Commencement Information

I44S. 46 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

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

### CHAPTER 2SAPPEAL SHERIFFS

#### 49Sheriffs principal to be Appeal SheriffsS

(1)Each person who holds office as a sheriff principal also holds office as an Appeal Sheriff by virtue of this subsection.                  

(2)A person holding office as a sheriff principal ceases to hold office as an Appeal Sheriff if the person ceases to hold office                        as a sheriff principal.                  

(3)If a person holding office as a sheriff principal is suspended from that office for any period, the person is also suspended                        from office as an Appeal Sheriff for the same period.                  

Commencement Information

I45S. 49 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 50Appointment of sheriffs as Appeal SheriffsS

(1)The Lord President of the Court of Session may appoint persons holding the office of sheriff to hold office also as Appeal                        Sheriffs.                  

(2)The Lord President may appoint as many Appeal Sheriffs under subsection (1) as the Lord President considers necessary for                        the purposes of the Sheriff Appeal Court.                  

(3)A person may be appointed under subsection (1) only if the individual has held office as a sheriff for at least 5 years.                  

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

(5)A person holding office as an Appeal Sheriff under this section ceases to hold that office if the person ceases to hold office                        as a sheriff.                  

(6)If a person holding office as an Appeal Sheriff under this section is suspended from the office of sheriff for any period,                        the person is also suspended from office as an Appeal Sheriff for the same period.                  

(7)The Lord President may, with the consent of a majority of the sheriffs principal, remove a sheriff from office as an Appeal                        Sheriff.                  

(8)Removal of a sheriff from the office of Appeal Sheriff under subsection (7) does not affect the sheriff's appointment as a                        sheriff.                  

Commencement Information

I46S. 50 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)The Lord President of the Court of Session may appoint a qualifying former Appeal Sheriff to act as an Appeal Sheriff during                        such periods or on such occasions as the Lord President may determine.                  

(2)The Lord President may make such an appointment only if the appointment appears to the Lord President to be expedient as a                        temporary measure in order to facilitate the disposal of business in the Sheriff Appeal Court.                  

(3)A “qualifying former Appeal Sheriff” is an individual who—                  

(a)ceased to hold that office other than by virtue of—                  

(i)an order under section 25 (as read with sections 49(2) and 50(5)), or                  

(ii)removal from office under section 50(7), and                  

(b)has not reached the age of 75.                  

(4)An individual appointed under subsection (1) is to be treated for all purposes (other than for the purposes of section 50)                        as an Appeal Sheriff and may exercise the jurisdiction and powers that attach to the office of Appeal Sheriff.                  

(5)An individual's appointment under subsection (1) ceases when the individual reaches the age of 75.                  

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

(7)An individual appointed under subsection (1) is to be paid such remuneration as the Scottish Ministers may determine.                  

(8)The Scottish Ministers may determine different amounts of remuneration for—                  

(a)different individuals so appointed, or                  

(b)different descriptions of individuals so appointed.                  

(9)Remuneration under subsection (7) is to be paid by the Scottish Courts and Tribunals Service.                  

Commencement Information

I47S. 51 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.** (with art. 5)

#### 52ExpensesS

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

(2)The Scottish Courts and Tribunals Service may—                  

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

(b)determine different circumstances for different Appeal Sheriffs.                  

Commencement Information

I48S. 52 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 53Temporary provisionS

Schedule 2 (which makes further provision, for a temporary period, in relation to Appeal Sheriffs) has effect.

Commencement Information

I49S. 53 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### CHAPTER 3SORGANISATION OF BUSINESS

#### President and Vice PresidentS

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

(1)The Lord President of the Court of Session is to appoint, in accordance with this section—                  

(a)one of the sheriffs principal to be the President of the Sheriff Appeal Court, and                  

(b)another sheriff principal to be the Vice President of the Court.                  

(2)A sheriff principal holds office as President or Vice President for such period as the Lord President may determine.                  

(3)The President or Vice President may at any time resign office by giving notice in writing to the Lord President.                  

(4)The Lord President may at any time remove a sheriff principal from office as President or Vice President.                  

(5)If a person holding office as President or Vice President is suspended from office as a sheriff principal for any period,                        the person is also suspended from office as President or, as the case may be, Vice President for the same period.                  

Commencement Information

I50S. 54 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)Subsection (2) applies during any period when the President of the Sheriff Appeal Court—                  

(a)is unable (for any reason) to carry out the functions of the office, or                  

(b)is suspended from office.                  

(2)During such a period—                  

(a)the functions of the President are to be carried out instead by the Vice President, and                  

(b)anything that falls to be done in relation to the President falls to be done instead in relation to the Vice President.                  

(3)Subsection (4) applies during any period when—                  

(a)subsection (2) would, but for subsection (4), apply, and                  

(b)the Vice President of the Sheriff Appeal Court—                  

(i)is unable (for any reason) to carry out the functions of the President, or                  

(ii)is suspended from office.                  

(4)During such a period, subsection (2) does not apply and, instead—                  

(a)the functions of the President are to be carried out instead by such sheriff principal (other than the President or Vice President)                        as the Lord President of the Court of Session may appoint to act in place of the President, and                  

(b)anything that falls to be done in relation to the President falls to be done instead in relation to that sheriff principal.                  

Commencement Information

I51S. 55 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### Disposal of businessS

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

(1)The President of the Sheriff Appeal Court is responsible for ensuring the efficient disposal of business in the Sheriff Appeal                        Court.                  

(2)The President 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 President may provide for the allocation of business among the Appeal Sheriffs.                  

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

(5)Those persons are—                  

(a)an Appeal Sheriff,                  

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

(6)This section is subject to section 2(2)(a) and (2A) 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).                  

Commencement Information

I52S. 56 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### SittingsS

##### 57Sittings of the Sheriff Appeal CourtS

(1)Sittings of the Sheriff Appeal Court may be held at any place in Scotland designated by virtue of this Act for the holding                        of sheriff courts.                  

(2)More than one sitting of the Court may take place at the same time, and at different places.                  

(3)The President of the Sheriff Appeal Court may by order prescribe—                  

(a)the number of sittings of the Court that are to be held at each place at which they may be held,                  

(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.                  

(4)The President must publish notice of the matters prescribed by an order under subsection (3) in such manner as the President                        thinks appropriate in order to bring those matters to the attention of persons having an interest in them.                  

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

Commencement Information

I53S. 57(3)-(5) in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)Subsection (2) applies where, in relation to any appeal pending before the Sheriff Appeal Court—                  

(a)the Appeal Sheriff or Appeal Sheriffs constituting the Court consider the appeal to be one of particular difficulty or importance,                        or                  

(b)where the Court is constituted by more than one Appeal Sheriff, they are equally divided on any matter, whether of fact or                        law.                  

(2)The Appeal Sheriff or Appeal Sheriffs may appoint the appeal to be reheard at another sitting of the Court constituted by                        such larger number of Appeal Sheriffs as may be necessary for the proper disposal of the appeal.                  

### CHAPTER 4SADMINISTRATION

#### ClerksS

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

(1)The Scottish Courts and Tribunals Service must appoint a person holding office as a sheriff clerk also to hold the office                        of Clerk of the Sheriff Appeal Court.                  

(2)A person's appointment as Clerk of the Sheriff Appeal Court does not affect the person's appointment as a sheriff clerk.                  

(3)A person holding office as Clerk of the Sheriff Appeal Court ceases to hold that office if the person ceases to hold office                        as a sheriff clerk.                  

(4)Otherwise, a person's appointment as Clerk of the Sheriff Appeal court—                  

(a)lasts for such period, and                  

(b)is on such other terms and conditions,                  

as the Scottish Courts and Tribunals Service may determine.

(5)In this section, “sheriff clerk” does not include sheriff clerk depute.                  

Commencement Information

I54S. 59 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)The Scottish Courts and Tribunals Service may appoint individuals to be Deputy Clerks of the Sheriff Appeal Court.                  

(2)The number of Deputy Clerks is for the Scottish Courts and Tribunals Service to determine.                  

(3)An individual's appointment as Deputy Clerk—                  

(a)lasts for such period, and                  

(b)is on such other terms and conditions,                  

as the Scottish Courts and Tribunals Service may determine.

(4)An individual may hold office as a Deputy Clerk of the Sheriff Appeal Court at the same time as holding office as clerk, or                        deputy or assistant clerk, of another court.                  

Commencement Information

I55S. 60 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)The Clerk and Deputy Clerks of the Sheriff Appeal Court are also members of staff of the Scottish Courts and Tribunals Service.                  

(2)Accordingly, a reference in any enactment to the staff of the Scottish Courts and Tribunals Service includes, except where                        the context requires otherwise, a reference to the Clerk and Deputy Clerks of the Sheriff Appeal Court.                  

(3)The Clerk of the Sheriff Appeal Court may, with the consent of the Scottish Courts and Tribunals Service, delegate the carrying                        out of any of the Clerk's functions to—                  

(a)a Deputy Clerk of the Sheriff Appeal Court, or                  

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

(4)Subsection (5) applies in relation to any period during which—                  

(a)the office of Clerk of the Sheriff Appeal Court is vacant, or                  

(b)the holder of that office is for any reason unable to carry out the functions of the office.                  

(5)The Scottish Courts and Tribunals Service may make arrangements for the functions of the Clerk of the Sheriff Appeal Court                        to be carried out during the period referred to in subsection (4) by—                  

(a)a Deputy Clerk of the Sheriff Appeal Court, or                  

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

(6)The Scottish Courts and Tribunals Service may give such instructions to the Clerk of the Sheriff Appeal Court, or a person                        carrying out the Clerk's functions under subsection (5), as it considers necessary for the purposes of this Act; and the Clerk                        or, as the case may be, such person must comply with any such instructions.                  

Commencement Information

I56S. 61 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### RecordsS

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

(1)A record of the Sheriff Appeal Court is authenticated by being signed by—                  

(a)an Appeal Sheriff, or                  

(b)the Clerk of the Court.                  

(2)A record authenticated in accordance with subsection (1), or a certified copy of such a record or of an extract of such a                        record, is sufficient evidence of the facts recorded in the record.                  

(3)The Sheriff Appeal Court may keep (and produce) records in electronic form.                  

(4)For the purposes of this section, a reference to a record or a copy of a record being signed or, as the case may be, certified,                        includes a reference to the record or copy being authenticated by means of—                  

(a)an electronic signature, or                  

(b)such other means of authentication as may be specified for that purpose by an act of sederunt under section 104(1).                  

(5)In this section—                  
          -  “certified copy” means a copy certified by the Clerk of the Sheriff Appeal Court as a true copy,                         
          -  “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of                           an electronic signature which is reproduced on a paper document,                         
          -  “record” means any interlocutor, decree, minute or other document by which the proceedings and decisions of the Sheriff Appeal Court                           are recorded.                         

Commencement Information

I57S. 62 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

## **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

##### 72Simple procedureS

(1)For the purposes of the procedure and practice in civil proceedings in the sheriff court, there is to be a form of procedure                        to be known as “simple procedure”.                  

(2)Subject to the provisions of this Part, further provision about simple procedure is to be made by act of sederunt under section                        104(1).                  

(3)The following types of proceedings may only be brought subject to simple procedure (and no other types of proceedings may                        be so brought)—                  

(a)proceedings for payment of a sum of money not exceeding £5,000,                  

(b)actions of multiplepoinding where the value of the fund or property that is the subject of the action does not exceed £5,000,                  

(c)actions of furthcoming where the value of the arrested fund or subject does not exceed £5,000,                  

(d)actions ad factum praestandum, other than actions in which there is claimed, in addition or as an alternative to a decree                        ad factum praestandum, a decree for payment of a sum of money exceeding £5,000,                  

(e)proceedings for the recovery of possession of heritable property or moveable property, other than proceedings in which there                        is claimed, in addition or as an alternative to a decree for such recovery, a decree for payment of a sum of money exceeding                        £5,000.                  

(4)Subsection (3) is subject to sections 78 (transfer of cases to simple procedure), 80 (transfer of cases from simple procedure)                        and 83 (transitional provision: summary cause).                  

(5)Subsection (3)(a) is subject to sections 73 and 74.                  

(6)The calculation of a sum for the time being mentioned in subsection (3) is to be determined in accordance with provision made                        by the Court of Session by act of sederunt.                  

(7)An act of sederunt under subsection (6) may make different provision for different purposes.                  

(8)An act of sederunt under section 104(1) may make provision for the purposes of this Act for determining whether proceedings                        are of a type mentioned in subsection (3).                  

(9)Proceedings that—                  

(a)are subject to simple procedure under subsection (3) or by virtue of any other enactment,                  

(b)are brought subject to simple procedure under section 74, or                  

(c)are continued subject to simple procedure by virtue of section 78 or 79,                  

are referred to in this Part as a “simple procedure case”.                  

(10)Subsection (9) is subject to section 80.                  

(11)References in subsection (3) to a sum of money is to that amount exclusive of interest and expenses.                  

(12)The Scottish Ministers may by order substitute for any sum for the time being specified in this section a different sum.                  

Commencement Information

I58S. 72 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)Section 72(3), so far as requiring any relevant proceedings to be brought subject to simple procedure, does not apply to any                        such proceedings in an all-Scotland sheriff court, and no such proceedings may be brought or continued in such a court subject                        to simple procedure.                  

(2)Subsection (1) does not affect the application of section 72(3) in relation to any relevant proceedings brought in any other                        sheriff court.                  

(3)In this section, “relevant proceedings” means proceedings of a type mentioned in section 72(3)(a) so far as they are also of a type specified in an order under                        section 41(1).                  

Prospective

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

(1)Subsection (2) applies to a claim for aliment only (whether or not expenses are also sought) under section 2 of the Family                           Law (Scotland) Act 1985 (actions for aliment).                     

(2)The claim may be brought subject to simple procedure if the aliment claimed does not exceed—                     

(a)in respect of a child under the age of 18 years, the sum of £100 per week, and                     

(b)in any other case, the sum of £200 per week.                     

(3)A provision such as is mentioned in subsection (4) does not apply in relation to a claim brought subject to simple procedure                           under subsection (2).                     

(4)The provision referred to in subsection (3) is provision in any enactment—                     

(a)limiting the jurisdiction of a sheriff in a simple procedure case by reference to any amount, or                     

(b)limiting the period for which a decree granted by a sheriff is to have effect.                     

(5)The Scottish Ministers may by order substitute for any sum for the time being mentioned in subsection (2) a different sum.                     

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

The power to make provision relating to simple procedure by act of sederunt under section 104(1) is to be exercised so far                     as possible with a view to ensuring that the sheriff before whom a simple procedure case is conducted—                  

(a)is able to identify the issues in dispute,                  

(b)may facilitate negotiation between or among the parties with a view to securing a settlement,                  

(c)may otherwise assist the parties in reaching a settlement,                  

(d)can adopt a procedure that is appropriate to and takes account of the particular circumstances of the case.                  

Commencement Information

I59S. 75 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 76Service of documentsS

(1)An act of sederunt under section 104(1) may permit a party to a simple procedure case, in such circumstances as may be specified                        in the act, to require the sheriff clerk to effect service of any document relating to the case on behalf of the party.                  

(2)In subsection (1)—                  

(a)the reference to a party to a simple procedure case includes a reference to a description of such a party as may be specified                        in an act of sederunt mentioned in that subsection,                  

(b)the reference to any document relating to the case includes a reference to a description of any such document as may be so                        specified.                  

Commencement Information

I60S. 76 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 77Evidence in simple procedure casesS

(1)Any enactment or rule of law that prevents evidence being led on grounds of admissibility before a court of law does not apply                        in simple procedure cases.                  

(2)The evidence, if any, given in simple procedure cases is not to be recorded.                  

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

(1)This section applies to any civil proceedings in the sheriff court that are being conducted otherwise than as a simple procedure                        case.                  

(2)The parties to the proceedings may, at any stage, make a joint application for the proceedings to continue subject to simple                        procedure if the proceedings are of a type that, if brought at the time when the application is made—                  

(a)would or could be brought subject to simple procedure by virtue of any enactment, or                  

(b)would or could be so brought but for the fact that a financial limit specified in section 72(3) or 74(2) is exceeded.                  

(3)Where such a joint application is made, the sheriff must direct that the proceedings are to continue subject to simple procedure                        for all purposes (including appeal).                  

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

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

(1)A party to a simple procedure case may, at any stage, make an application for the case not to proceed subject to simple procedure.                  

(2)Where such an application is made, the sheriff may direct that the proceedings are no longer subject to simple procedure.                  

(3)Where a direction is made under subsection (2), the proceedings are to continue for all purposes (including appeal) subject                        to such procedure as would have been applicable to them had they not been subject to simple procedure.                  

##### 81Expenses in simple procedure casesS

(1)The Scottish Ministers may by order provide that—                  

(a)in such category of simple procedure cases as may be prescribed in the order, no award of expenses may be made,                  

(b)in such other category of simple procedure cases as may be so prescribed, any expenses awarded may not exceed such sum as                        may be so prescribed.                  

(2)The categories of simple procedure cases mentioned in subsection (1) may be prescribed by reference to—                  

(a)the value of the claim in the cases,                  

(b)the subject matter of the claim in the cases.                  

(3)Categories may be prescribed subject to specified exceptions.                  

(4)An order under subsection (1) does not apply—                  

(a)to simple procedure cases such as those mentioned in subsection (5),                  

(b)in relation to an appeal to the Sheriff Appeal Court from any decision in a simple procedure case, or                  

(c)to a simple procedure case in respect of which a direction under subsection (7) is made.                  

(5)The simple procedure cases referred to in subsection (4)(a) are those in which—                  

(a)the defender—                  

(i)has not stated a defence,                  

(ii)having stated a defence, has not proceeded with it, or                  

(iii)having stated and proceeded with a defence, has not acted in good faith as to its merits, or                  

(b)a party to the case has behaved unreasonably in relation to the case.                  

(6)Subsection (7) applies where the sheriff in a simple procedure case is of the opinion that a difficult question of law, or                        a question of fact of exceptional complexity, is involved.                  

(7)The sheriff may, at any stage, on the application of any party to the case, direct that an order under subsection (1) is not                        to apply in relation to the case.                  

Commencement Information

I61S. 81 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

##### 82Appeals from simple procedure casesS

(1)An appeal may be taken to the Sheriff Appeal Court under section 110 on a point of law only against a decision of the sheriff                        constituting final judgment in a simple procedure case.                  

(2)Any other decision of the sheriff in such a case is not subject to review.                  

Prospective

##### 83Transitional provision: summary causesS

(1)Any reference, however expressed, in a pre-commencement enactment to proceedings being subject to summary cause procedure                           is, on and after the coming into force of this section, to be construed as a reference to proceedings being subject to simple                           procedure.                     

(2)Accordingly, any reference to proceedings being taken by way of summary cause is to be construed as a reference to proceedings                           being subject to simple procedure.                     

(3)In subsection (1), “pre-commencement enactment” means any enactment passed or made before this section comes into force.                     

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

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

(1)A sheriff has competence to grant an interdict having effect in relation to conduct at places outside the sheriff's sheriffdom                        as well as at places within the sheriff's sheriffdom.                  

(2)In this section, “interdict” includes “interim interdict”.                  

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

(1)In this section, “extended interdict” means an interdict granted by a sheriff, by virtue of section 84(1), having effect in relation to conduct at places outside                        the sheriff's sheriffdom.                  

(2)Proceedings for breach of an extended interdict may be brought before a sheriff of the sheriffdom—                  

(a)in which the defender is domiciled,                  

(b)in which the interdict was granted,                  

(c)in which the alleged breach occurred.                  

(3)A sheriff before whom proceedings for breach of an extended interdict are brought may make an order transferring the proceedings                        to a sheriff of another sheriffdom (whether or not one mentioned in subsection (2)) if satisfied that it would be more appropriate                        for the proceedings to be dealt with by a sheriff of the other sheriffdom.                  

(4)A sheriff may make an order under subsection (3)—                  

(a)on the application of a party to the proceedings, or                  

(b)on the sheriff's own initiative.                  

(5)Where an order is made under subsection (3), a sheriff of the sheriffdom to whom the proceedings are to be transferred has                        jurisdiction and competence to consider and determine the proceedings.                  

(6)This section does not affect any power that a sheriff has to decline jurisdiction in any case.                  

##### 86Power to enable sheriff to make orders having effect outside sheriffdomS

(1)In this section, “relevant order” means an order—                  

(a)which a sheriff has competence and jurisdiction to make in civil proceedings, but                  

(b)which, apart from this section, the sheriff could make only so as to have effect or be enforceable within the sheriff's sheriffdom.                  

(2)The Scottish Ministers may by order provide for a sheriff to have competence to make relevant orders having effect (and being                        capable of being enforced) outside the sheriff's sheriffdom as well as within that sheriffdom (referred to in this section                        as “extended competence”).                  

(3)An order under subsection (2) may—                  

(a)make provision in relation to all relevant orders or in relation only to specified categories or descriptions of relevant                        order,                  

(b)make different provision in relation to different categories or descriptions of relevant order,                  

(c)provide for a sheriff to have extended competence only—                  

(i)in such circumstances,                  

(ii)in relation to such civil proceedings, or                  

(iii)subject to such conditions,                  

as are specified in the order,

(d)make provision about jurisdiction in relation to proceedings for relevant orders,                  

(e)make provision for the transfer of proceedings for relevant orders between different sheriffdoms,                  

(f)make provision about the enforcement of orders made in the exercise of extended competence (including provision about jurisdiction                        in relation to enforcement proceedings).                  

(4)Subsection (3) does not affect the generality of section 133(1).                  

(5)In subsection (1), “order”—                  

(a)includes “interim order”, but                  

(b)does not include an interdict or an interim interdict.                  

Commencement Information

I62S. 86 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### Execution of deeds relating to heritageS

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

(1)This section applies where—                  

(a)an action relating to heritable property is before a sheriff, or                  

(b)it appears to a sheriff that an order under this section is necessary to implement a decree of a sheriff relating to heritable                        property.                  

(2)The sheriff may make an order such as is mentioned in subsection (4)—                  

(a)on an application by the grantee of any deed relating to the heritable property, and                  

(b)if satisfied as to the matters mentioned in subsection (3).                  

(3)The matters are that the grantor of any deed relating to the heritable property—                  

(a)cannot be found,                  

(b)refuses to execute the deed,                  

(c)is unable, or otherwise fails, to execute the deed.                  

(4)The order is one—                  

(a)dispensing with the execution of the deed by the grantor, and                  

(b)directing the sheriff clerk to execute the deed.                  

(5)A deed executed by the sheriff clerk in accordance with a direction in an order under this section has the same force and                        effect as if it had been executed by the grantor.                  

(6)In this section—                  
          -  “grantor”, in relation to a deed relating to the heritable property, means a person who is under an obligation to execute the deed,                         
          -  “grantee” means the person to whom that obligation is owed.                         

Commencement Information

I63S. 87 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### Interim ordersS

##### 88Interim ordersS

(1)A sheriff may, on the application of a party to any civil proceedings before the sheriff, make—                  

(a)such interim order as the sheriff thinks fit in relation to—                  

(i)the possession of any heritable or movable property to which the proceedings relate,                  

(ii)the subject matter of the proceedings,                  

(b)an interim order ad factum praestandum.                  

(2)Subsection (1) does not apply in relation to proceedings under the Children's Hearings (Scotland) Act 2011.                  

Commencement Information

I64S. 88 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### CHAPTER 2SCOURT OF SESSION

#### 89Judicial reviewS

After section 27 of the Court of Session Act 1988, insert—

##### “Applications to the supervisory jurisdiction of the CourtS

###### 27ATime limits

(1)An application to the supervisory jurisdiction of the Court must be made before the end of—                  

(a)the period of 3 months beginning with the date on which the grounds giving rise to the application first arise, or                  

(b)such longer period as the Court considers equitable having regard to all the circumstances.                  

(2)Subsection (1) does not apply to an application to the supervisory jurisdiction of the Court which, by virtue of any enactment,                           is to be made before the end of a period ending before the period of 3 months mentioned in that subsection (however that first-ending                           period may be expressed).                  

###### 27BRequirement for permission

(1)No proceedings may be taken in respect of an application to the supervisory jurisdiction of the Court unless the Court has                           granted permission for the application to proceed.                  

(2)Subject to subsection (3), the Court may grant permission under subsection (1) for an application to proceed only if it is                           satisfied that—                  

(a)the applicant can demonstrate a sufficient interest in the subject matter of the application, and                  

(b)the application has a real prospect of success.                  

(3)Where the application relates to a decision of the Upper Tribunal for Scotland in an appeal from the First-tier Tribunal for                           Scotland under section 46 of the Tribunals (Scotland) Act 2014, the Court may grant permission under subsection (1) for the                           application to proceed only if it is satisfied that—                  

(a)the applicant can demonstrate a sufficient interest in the subject matter of the application,                  

(b)the application has a real prospect of success, and                  

(c)either—                  

(i)the application would raise an important point of principle or practice, or                  

(ii)there is some other compelling reason for allowing the application to proceed.                  

(4)The Court may grant permission under subsection (1) for an application to proceed—                  

(a)subject to such conditions as the Court thinks fit,                  

(b)only on such of the grounds specified in the application as the Court thinks fit.                  

(5)The Court may decide whether or not to grant permission without an oral hearing having been held.                  

###### 27COral hearings where permission refused, etc.

(1)Subsection (2) applies where, in relation to an application to the supervisory jurisdiction of the Court—                  

(a)the Court—                  

(i)refuses permission under subsection 27B(1) for the application to proceed, or                  

(ii)grants permission for the application to proceed subject to conditions or only on particular grounds, and                  

(b)the Court decides to refuse permission, or grant permission as mentioned in paragraph (a)(ii), without an oral hearing having                           been held.                  

(2)The person making the application may, within the period of 7 days beginning with the day on which that decision is made,                           request a review of the decision at an oral hearing.                  

(3)A request under subsection (2) must be considered by a different Lord Ordinary from the one who refused permission or granted                           permission as mentioned in subsection (1)(a)(ii).                  

(4)Where a request under subsection (2) is granted, the oral hearing must be conducted before a different Lord Ordinary from                           the one who refused or so granted permission.                  

(5)At a review following a request under subsection (2), the Court must consider whether to grant permission for the application                           to proceed; and subsections (2), (3) and (4) of section 27B apply for that purpose.                  

(6)Section 28 does not apply—                  

(a)where subsection (2) applies, or                  

(b)in relation to the refusal of a request made under subsection (2).                  

###### 27DAppeals following oral hearings

(1)Subsection (2) applies where, after an oral hearing to determine whether or not to grant permission for an application to                           the supervisory jurisdiction of the Court to proceed, the Court—                  

(a)refuses permission for the application to proceed, or                  

(b)grants permission for the application to proceed subject to conditions or only on particular grounds.                  

(2)The person making the application may, within the period of 7 days beginning with the day on which the Court makes its decision,                           appeal under this section to the Inner House (but may not appeal under any other provision of this Act).                  

(3)In an appeal under subsection (2), the Inner House must consider whether to grant permission for the application to proceed;                           and subsections (2), (3) and (4) of section 27B apply for that purpose.                  

(4)In subsection (1), the reference to an oral hearing is to an oral hearing whether following a request under section 27C(2)                           or otherwise.”.                  

#### 90Interim ordersS

In section 47 of the Court of Session Act 1988 (interim interdict and other interim orders), after subsection (2) insert—

“(2A)The power under subsection (2) to make an order includes, in particular, power to make an order ad factum praestandum (including                           an interim order).”.                  

Commencement Information

I65S. 90 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 91Warrants for ejectionS

After section 47 of the Court of Session Act 1988, insert—

##### “47APower to grant warrant for ejection

In any proceedings where the Court has competence to grant a decree of removing, it also has competence to grant a warrant                        for ejection.”.                  

Commencement Information

I66S. 91 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### CHAPTER 3SREMIT OF CASES BETWEEN COURTS

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

(1)Subsection (2) applies to any civil proceedings before a sheriff that are—                  

(a)proceedings that the Court of Session also has competence and jurisdiction to deal with,                  

(b)not proceedings to which section 39 applies, and                  

(c)not subject to simple procedure.                  

(2)On the application of any of the parties to the proceedings, the sheriff may, at any stage, remit the proceedings to the Court                        of Session if the sheriff considers that the importance or difficulty of the proceedings makes it appropriate to do so.                  

(3)Subsection (4) applies to any civil proceedings before a sheriff that are—                  

(a)proceedings to which section 39 applies,                  

(b)proceedings that the Court of Session would (but for that section) also have competence and jurisdiction to deal with, and                  

(c)not subject to simple procedure.                  

(4)On the application of any of the parties to the proceedings, the sheriff may, at any stage, request the Court of Session to                        allow the proceedings to be remitted to that Court if the sheriff considers that the importance or difficulty of the proceedings                        makes it appropriate to do so.                  

(5)On receiving a request under subsection (4), the Court of Session may, on cause shown, allow the proceedings to be remitted                        to the Court.                  

(6)If the Court of Session allows the proceedings to be remitted to that Court, the sheriff is to remit the proceedings to that                        Court.                  

(7)Where the proceedings are remitted to the Court of Session under subsection (6), the proceedings may be dealt with and disposed                        of by that Court despite section 39(2).                  

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

(1)Subsection (2) applies to any proceedings in the Court of Session if—                  

(a)they are proceedings that a sheriff also has competence and jurisdiction to deal with,                  

(b)they would be proceedings to which section 39 applies but for the fact that subsection (1)(b)(ii) of that section is not satisfied,                        and                  

(c)the Court considers, at any stage, that it is unlikely that the aggregate total value of all the orders of value granted in                        the proceedings, exclusive of interest and expenses, will be greater than the sum specified in that subsection.                  

(2)The Court must remit the proceedings to an appropriate sheriff, unless the Court considers, on cause shown, that the proceedings                        should remain in the Court of Session.                  

(3)In considering the matter in subsection (1)(c), the Court is to assume—                  

(a)that liability for the order sought is established, and                  

(b)that there will, where appropriate, be no deduction for contributory negligence.                  

(4)Subsection (5) applies to any proceedings in the Court of Session if—                  

(a)they are proceedings that a sheriff also has competence and jurisdiction to deal with, but                  

(b)are not proceedings to which paragraph (b) or (c) of subsection (1) applies.                  

(5)The Court may, at any stage, remit the proceedings to an appropriate sheriff if the Court considers that the nature of the                        proceedings makes it appropriate to do so.                  

(6)The Court may remit proceedings under subsection (2) or (5)—                  

(a)on the application of any party to the proceedings, or                  

(b)on its own initiative.                  

(7)In this section, “an appropriate sheriff” means, in relation to proceedings remitted from the Court of Session under this section, a sheriff having competence and                        jurisdiction to deal with the proceedings sitting at such sheriff court as the Court may, at the time of the remit, specify.                  

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

(1)Subsection (2) applies to any proceedings before a sheriff where the matter to which the proceedings relate could competently                        be determined by the Scottish Land Court under—                  

(a)the Agricultural Holdings (Scotland) Act 1991, or                  

(b)the Agricultural Holdings (Scotland) Act 2003.                  

(2)The sheriff may, at any stage, remit the proceedings to the Scottish Land Court if the sheriff considers that it is appropriate                        to do so.                  

(3)The sheriff may remit proceedings under subsection (2)—                  

(a)on the application of any party to the proceedings, or                  

(b)on the sheriff's own initiative.                  

(4)A decision of the sheriff to remit, or not to remit, the proceedings under subsection (2) is final and no appeal may be taken                        against it.                  

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

#### 95Key defined termsS

(1)This section applies for the purposes of the interpretation of this Chapter.                  

(2)“Non-natural person” means—                  

(a)a company (whether incorporated in the United Kingdom or elsewhere),                  

(b)a limited liability partnership,                  

(c)any other partnership,                  

(d)an unincorporated association of persons.                  

(3)“Lay representative” means an individual who is not a legal representative.                  

(4)“Legal representative” means—                  

(a)a solicitor,                  

(b)an advocate, or                  

(c)a person having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous                        Provisions) (Scotland) Act 1990.                  

(5)An individual holds a relevant position with a non-natural person if the individual—                  

(a)in the case of a company, is a director or secretary of the company,                  

(b)in the case of a limited liability partnership, is a member of the partnership,                  

(c)in the case of any other partnership, is a partner in the partnership,                  

(d)in the case of an unincorporated association, is a member or office holder of the association.                  

(6)For the purposes of section 96, an individual also holds a relevant position with a non-natural person if the individual is                        an employee of the non-natural person.                  

(7)References to conducting proceedings are references to exercising, in relation to the proceedings, a function or right (including                        a right of audience) that a legal representative could exercise in the proceedings.                  

#### 96Lay representation in simple procedure casesS

(1)This section applies in any simple procedure case to which a non-natural person is a party.                  

(2)A lay representative may conduct proceedings in the case on behalf of the non-natural person if—                  

(a)the lay representative holds a relevant position with the non-natural person,                  

(b)the responsibilities of the lay representative in that position do not consist wholly or mainly of conducting legal proceedings                        on behalf of the non-natural person or another person,                  

(c)the lay representative is authorised by the non-natural person to conduct the proceedings,                  

(d)the lay representative does not have a personal interest in the subject matter of the proceedings, and                  

(e)the lay representative is not the subject of an order such as is mentioned in section 98(2)(f).                  

(3)In subsection (2)(d), “personal interest” means an interest other than one that anyone holding the position that the lay representative holds with the non-natural                        person would have.                  

(4)Subsection (2) is subject to provision made by an act of sederunt under section 98.                  

#### 97Lay representation in other proceedingsS

(1)This section applies in civil proceedings (other than a simple procedure case) to which a non-natural person is a party.                  

(2)A lay representative may, if the court grants permission, conduct the proceedings on behalf of the non-natural person.                  

(3)The court may grant permission if satisfied that—                  

(a)the non-natural person is unable to pay for the services of a legal representative to conduct the proceedings,                  

(b)the lay representative is a suitable person to conduct the proceedings, and                  

(c)it is in the interests of justice to grant permission.                  

(4)For the purposes of subsection (3)(b), a lay representative is a suitable person to conduct the proceedings if—                  

(a)the lay representative holds a relevant position with the non-natural person,                  

(b)the responsibilities of the lay representative in that position do not consist wholly or mainly of conducting legal proceedings                        on behalf of the non-natural person or another person,                  

(c)the lay representative is authorised by the non-natural person to conduct the proceedings,                  

(d)the lay representative does not have a personal interest in the subject matter of the proceedings, and                  

(e)the lay representative is not the subject of an order such as is mentioned in section 98(2)(f).                  

(5)In subsection (4)(d), “personal interest” means an interest other than one that anyone holding the position that the lay representative holds with the non-natural                        person would have.                  

(6)For the purposes of subsection (3)(c), in deciding whether it is in the interests of justice to grant permission, the court                        must have regard, in particular, to—                  

(a)the non-natural person's prospects of success in the proceedings, and                  

(b)the likely complexity of the proceedings.                  

(7)Subsection (2) is subject to provision made by an act of sederunt under section 98.                  

(8)In this section—                  
          -  “civil proceedings” means civil proceedings in—                          (a)
the Court of Session,
(b)
the Sheriff Appeal Court, or
(c)
the sheriff court,
 
          -  “the court”, in the case of proceedings in the sheriff court, means the sheriff. 

#### 98Lay representation: supplementary provisionS

(1)The Court of Session may, by act of sederunt, make further provision about—                  

(a)the granting of permission under section 97, and                  

(b)the conduct of proceedings by lay representatives by virtue of this Chapter.                  

(2)Provision under subsection (1) may include, in particular, provision—                  

(a)about the procedure to be followed in considering applications for permission under section 97 (including provision for applications                        to be considered in chambers and without hearing the parties),                  

(b)regulating the conduct of lay representatives in exercising a function or right by virtue of this Chapter,                  

(c)about the authorisation of lay representatives for the purposes of this Chapter,                  

(d)imposing conditions on the exercise by lay representatives of a function or right by virtue of this Chapter or enabling the                        court to impose such conditions in particular cases,                  

(e)enabling the court, in particular cases, to withdraw a lay representative's right to exercise a function or right by virtue                        of this Chapter if the representative contravenes provision made by virtue of the act of sederunt,                  

(f)enabling the court to make an order preventing a lay representative from conducting any proceedings before any court on behalf                        of non-natural persons,                  

(g)enabling the court, in awarding expenses against a non-natural person in any case, to find a lay representative jointly and                        severally liable for the expenses.                  

(3)An act of sederunt under subsection (1) may make different provision for different purposes.                  

(4)In this section, “the court”, in the case of proceedings in the sheriff court, means the sheriff.                  

Commencement Information

I67S. 98 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### CHAPTER 5SJURY SERVICE

#### 99Jury serviceS

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

(2)In section 1 (qualification of jurors)—                  

(a)in subsection (1)—                  

(i)the words “to subsections (2) and (3) below and” are repealed, and                  

(ii)for paragraph (b) substitute—                  

“(b)is not less than 18 years of age;”,                  

(b)subsections (1A), (2) and (3) are repealed,                  

(c)in subsection (5), the words “under subsection (2) or (3) above or” are repealed.                  

(3)In section 1A (excusal of jurors in relation to criminal proceedings)—                  

(a)in each of subsections (1), (2) and (3), the words “in relation to criminal proceedings” are repealed,                  

(b)in subsection (3), for “(a)(iii)” substitute “ (ab) ”,                  

(c)the title of the section becomes “ **Excusal of jurors as of right** ”.                  

(4)In Part III of Schedule 1 (persons excusable from jury service as of right), in Group F, for paragraphs (a) and (aa) substitute—                  

“(a)persons who have served as a juror in the period of 5 years ending with the date on which the person is cited first to attend;                  

(aa)persons who have attended for jury service, but have not served as a juror, in the period of 2 years ending with the date                           on which the person is cited first to attend;                  

(ab)persons who have attained the age of 71;”.                  

### CHAPTER 6SVEXATIOUS PROCEEDINGS

#### 100Vexatious litigation ordersS

(1)The Inner House may, on the application of the Lord Advocate, make a vexatious litigation order in relation to a person (a                        “vexatious litigant”).                  

(2)A vexatious litigation order is an order which has either or both of the following effects—                  

(a)the vexatious litigant may institute civil proceedings only with the permission of a judge of the Outer House,                  

(b)the vexatious litigant may take a specified step in specified ongoing civil proceedings only with such permission.                  

(3)In subsection (2)(b)—                  

(a)“specified ongoing civil proceedings” means civil proceedings which—                  

(i)were instituted by the vexatious litigant before the order was made, and                  

(ii)are specified in the order,                  

(b)“specified step” means a step specified in the order.                  

(4)A vexatious litigation order has effect—                  

(a)during such period as is specified in the order, or                  

(b)if no period is so specified, indefinitely.                  

(5)In this section and section 101—                  

(a)“the Inner House” means the Inner House of the Court of Session,                  

(b)“the Outer House” means the Outer House of the Court of Session,                  

(c)“vexatious litigant” means, in relation to a vexatious litigation order, the person to whom the order relates,                  

(d)“vexatious litigation order” means an order made under subsection (1).                  

#### 101Vexatious litigation orders: further provisionS

(1)The Inner House may make a vexatious litigation order in relation to a person only if satisfied that the person has habitually                        and persistently, without any reasonable ground for doing so—                  

(a)instituted vexatious civil proceedings, or                  

(b)made vexatious applications to the court in the course of civil proceedings (whether or not instituted by the person).                  

(2)For the purpose of subsection (1), it does not matter whether the proceedings—                  

(a)were instituted in Scotland or elsewhere,                  

(b)involved the same parties or different parties.                  

(3)A copy of a vexatious litigation order must be published in the Edinburgh Gazette.                  

(4)A judge of the Outer House may grant permission to a vexatious litigant to institute civil proceedings or, as the case may                        be, to take a step in such proceedings only if satisfied that there is a reasonable ground for the proceedings or the taking                        of the step.                  

(5)The decision of the judge to refuse to grant permission under subsection (4) is final.                  

(6)Subsection (7) applies in relation to civil proceedings instituted in any court by a vexatious litigant before the Inner House                        makes a vexatious litigation order in relation to the vexatious litigant.                  

(7)The court may make such order as it sees fit in consequence of the vexatious litigation order.                  

(8)In subsection (7), “the court” means—                  

(a)the court which is dealing with the proceedings,                  

(b)in the case of proceedings in the sheriff court, the sheriff.                  

#### 102Power to make orders in relation to vexatious behaviourS

(1)The Scottish Ministers may by regulations confer on the Court of Session, a sheriff or the Sheriff Appeal Court the power                        to make an order of a kind mentioned in subsection (2) in relation to a person who has behaved in a vexatious manner in civil                        proceedings before the Court of Session, sheriff or, as the case may be, Sheriff Appeal Court.                  

(2)The order referred to in subsection (1) is an order that the person may do any of the following only with the permission of                        a court or a judge of any court—                  

(a)take such a step in those proceedings as is specified in the order,                  

(b)take such a step as is so specified in such other civil proceedings (whether or not those proceedings are before the Court                        of Session, sheriff or, as the case may be, Sheriff Appeal Court) as are so specified,                  

(c)institute civil proceedings in such a court as is so specified.                  

(3)For the purpose of subsection (1), a person behaves in a vexatious manner in civil proceedings if the person—                  

(a)institutes the proceedings and they are vexatious, or                  

(b)makes a vexatious application in the course of the proceedings (whether or not they were instituted by the person).                  

(4)Regulations under subsection (1) may include provision for—                  

(a)an order to be made on the application of a party to the proceedings or on the Court's or, as the case may be, sheriff's own                        initiative,                  

(b)circumstances in which the Court or sheriff may make an order, and the requirements as to permission which may be imposed                        in an order in those circumstances,                  

(c)the factors which the Court or sheriff may take into account in deciding whether to make an order (including the person's                        behaviour in other civil proceedings, whether in Scotland or elsewhere),                  

(d)the courts in relation to which an order may have effect,                  

(e)the maximum period for which an order may have effect,                  

(f)the effect of an order in any other respects.                  

(5)The Scottish Ministers must consult the Lord President of the Court of Session before making regulations under subsection                        (1).                  

(6)Regulations under subsection (1)—                  

(a)are subject to the negative procedure,                  

(b)may make different provision for different purposes,                  

(c)may make incidental, supplemental, consequential, transitional, transitory or saving provision.                  

Commencement Information

I68S. 102 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

## **PART 4**SPROCEDURE AND FEES

### ProcedureS

#### 103Power to regulate procedure etc. in the Court of SessionS

(1)The Court of Session may by act of sederunt make provision for or about—                  

(a)the procedure and practice to be followed in proceedings in the Court,                  

(b)any matter incidental or ancillary to such proceedings.                  

(2)Without limiting that generality, the power in subsection (1) includes power to make provision for or about—                  

(a)execution or diligence following on such proceedings,                  

(b)avoiding the need for, or mitigating the length and complexity of, such proceedings, including—                  

(i)encouraging settlement of disputes and the use of alternative dispute resolution procedures,                  

(ii)action to be taken before such proceedings are brought by persons who will be party to the proceedings,                  

(c)other aspects of the conduct and management of such proceedings, including the use of technology,                  

(d)simplifying the language used in connection with such proceedings or matters incidental or ancillary to them,                  

(e)the form of any document to be used in connection with such proceedings, matters incidental or ancillary to them or matters                        specified in this subsection,                  

(f)appeals against a decision of the Court,                  

(g)applications that may be made to the Court,                  

(h)time limits in relation to proceedings mentioned in subsection (1), matters incidental or ancillary to them or matters specified                        in this subsection,                  

(i)the steps that the Court may take where there has been an abuse of process by a party to such proceedings,                  

(j)expenses that may be awarded to parties to such proceedings,                  

(k)other payments such parties may be required to make in respect of their conduct relating to such proceedings,                  

(l)the payment, investment or application of any sum of money awarded in such proceedings to or in respect of a person under                        a legal disability,                  

(m)the representation of parties to such proceedings, and others, including representation by persons who—                  

(i)are neither solicitors nor advocates, or                  

(ii)do not have the right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous                        Provisions) (Scotland) Act 1990,                  

(n)the functions and rights of persons appointed by the Court in connection with such proceedings,                  

(o)witnesses and evidence, including modifying the rules of evidence as they apply to such proceedings,                  

(p)the quorum for a Division of the Inner House considering purely procedural matters and, in the case of an extra Division,                        as to which judge is to preside and to sign any judgment or interlocutor pronounced by the extra Division,                  

(q)such other matters as the Court thinks necessary or appropriate for the purposes of carrying out or giving effect to the provisions                        of any enactment (including this Act) relating to such proceedings or matters incidental or ancillary to them.                  

(3)An act of sederunt under subsection (1) may make—                  

(a)incidental, supplemental, consequential, transitional, transitory or saving provision,                  

(b)provision amending, repealing or revoking any enactment (including any provision of this Act) relating to matters with respect                        to which an act of sederunt may be made,                  

(c)different provision for different purposes.                  

(4)This section is without prejudice to—                  

(a)any enactment that enables the Court to make rules (by act of sederunt or otherwise) regulating the practice and procedure                        to be followed in proceedings to which this section applies, or                  

(b)the inherent powers of the Court.                  

Commencement Information

I69S. 103 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 104Power to regulate procedure etc. in the sheriff court and the Sheriff Appeal CourtS

(1)The Court of Session may by act of sederunt make provision for or about—                  

(a)the procedure and practice to be followed in civil proceedings in the sheriff court or in the Sheriff Appeal Court,                  

(b)any matter incidental or ancillary to such proceedings.                  

(2)Without limiting that generality, the power in subsection (1) includes power to make provision for or about—                  

(a)execution or diligence following on such proceedings,                  

(b)avoiding the need for, or mitigating the length and complexity of, such proceedings, including—                  

(i)encouraging settlement of disputes and the use of alternative dispute resolution procedures,                  

(ii)action to be taken before such proceedings are brought by persons who will be party to the proceedings,                  

(c)other aspects of the conduct and management of such proceedings, including the use of technology,                  

(d)simplifying the language used in connection with such proceedings or matters incidental or ancillary to them,                  

(e)the form of any document to be used in connection with such proceedings, matters incidental or ancillary to them or matters                        specified in this subsection,                  

(f)appeals against a decision of a sheriff or the Sheriff Appeal Court,                  

(g)applications that may be made to a sheriff or the Sheriff Appeal Court,                  

(h)time limits in relation to proceedings mentioned in subsection (1), matters incidental or ancillary to them or matters specified                        in this subsection,                  

(i)the steps that a sheriff or the Sheriff Appeal Court may take where there has been an abuse of process by a party to such                        proceedings,                  

(j)expenses that may be awarded to parties to such proceedings,                  

(k)other payments such parties may be required to make in respect of their conduct relating to such proceedings,                  

(l)the payment, investment or application of any sum of money awarded in such proceedings to or in respect of a person under                        a legal disability,                  

(m)the representation of parties to such proceedings, and others, including representation by persons who—                  

(i)are neither solicitors nor advocates, or                  

(ii)do not have the right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous                        Provisions) (Scotland) Act 1990,                  

(n)the functions and rights of persons appointed by a sheriff or the Sheriff Appeal Court in connection with such proceedings,                  

(o)witnesses and evidence, including modifying the rules of evidence as they apply to such proceedings,                  

(p)the quorum for sittings of the Sheriff Appeal Court,                  

(q)determining which Appeal Sheriff is to preside at such sittings where the Court is constituted by more than one Appeal Sheriff,                  

(r)such other matters as the Court of Session thinks necessary or appropriate for the purposes of carrying out or giving effect                        to the provisions of any enactment (including this Act) relating to such proceedings or matters incidental or ancillary to                        them.                  

(3)Nothing in an act of sederunt under subsection (1) is to derogate from the provisions of sections 72 to 82 (simple procedure).                  

(4)An act of sederunt under subsection (1) may make—                  

(a)incidental, supplemental, consequential, transitional, transitory or saving provision,                  

(b)provision amending, repealing or revoking any enactment (including any provision of this Act) relating to matters with respect                        to which an act of sederunt under subsection (1) may be made,                  

(c)different provision for different purposes.                  

(5)Before making an act of sederunt under subsection (1) with respect to any matter, the Court of Session must—                  

(a)consult the Scottish Civil Justice Council, and                  

(b)take into consideration any views expressed by the Council with respect to that matter.                  

(6)Subsection (5) does not apply in relation to an act of sederunt that embodies, with or without modifications, draft rules                        submitted by the Scottish Civil Justice Council to the Court of Session.                  

(7)This section is without prejudice to—                  

(a)any enactment that enables the Court of Session to make rules (by act of sederunt or otherwise) regulating the practice and                        procedure to be followed in proceedings to which this section applies, or                  

(b)the inherent powers of a sheriff or the Sheriff Appeal Court.                  

Commencement Information

I70S. 104 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### Fees of solicitors etc.S

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

(1)The Court of Session may, in relation to any proceedings in the Court (including any execution or diligence following such                        proceedings), by act of sederunt make provision for or about the fees of—                  

(a)solicitors,                  

(b)messengers-at-arms,                  

(c)persons acting under the Execution of Diligence (Scotland) Act 1926,                  

(d)witnesses,                  

(e)shorthand writers,                  

(f)such other persons, or persons of such descriptions, as the Scottish Ministers may by order specify.                  

(2)An act of sederunt under subsection (1) may not make any provision for or about the fees that the Scottish Ministers may regulate                        under or by virtue of section 33 of the Legal Aid (Scotland) Act 1986 (fees and outlays of solicitors and counsel).                  

(3)An act of sederunt under subsection (1) and an order under subsection (1)(f) may make—                  

(a)incidental, supplemental, consequential, transitional, transitory or saving provision,                  

(b)different provision for different purposes.                  

(4)Before making an order under subsection (1)(f), the Scottish Ministers must consult the Lord President of the Court of Session.                  

(5)An act of sederunt under subsection (1) is subject to the negative procedure.                  

Commencement Information

I71S. 105 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

(1)The Court of Session may, in relation to civil proceedings in the sheriff court or the Sheriff Appeal Court (including any                        execution or diligence following such proceedings), by act of sederunt make provision for or about the fees of—                  

(a)solicitors,                  

(b)sheriff officers,                  

(c)persons acting under the Execution of Diligence (Scotland) Act 1926,                  

(d)witnesses,                  

(e)shorthand writers,                  

(f)such other persons, or persons of such descriptions, as the Scottish Ministers may by order specify.                  

(2)An act of sederunt under subsection (1) may not make any provision for or about the fees that the Scottish Ministers may regulate                        under or by virtue of section 33 of the Legal Aid (Scotland) Act 1986 (fees and outlays of solicitors and counsel).                  

(3)An act of sederunt under subsection (1) may make—                  

(a)incidental, supplemental, consequential, transitional, transitory or saving provision,                  

(b)different provision for different purposes.                  

(4)Before making an order under subsection (1)(f), the Scottish Ministers must consult the Lord President of the Court of Session.                  

(5)An act of sederunt under subsection (1) is subject to the negative procedure.                  

Commencement Information

I72S. 106 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### Court feesS

#### 107Power to provide for fees for SCTS, court clerks and other officersS

(1)The Scottish Ministers may by order make provision for the charging of fees in respect of the carrying out of the functions                        of the Scottish Courts and Tribunals Service (“the SCTS”) or a relevant officer in connection with—                  

(a)proceedings in the Scottish Courts, or                  

(b)any other matter dealt with by a relevant officer.                  

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

(a)in particular include provision—                  

(i)specifying, or for determining, the amount of fees,                  

(ii)specifying, or for determining, the persons or types of person who are to pay the fees,                  

(iii)specifying the times when, places where and persons to whom the fees are to be paid,                  

(iv)for exemptions from the requirement to pay fees,                  

(v)for the remission of fees,                  

(vi)for modification of fees,                  

(b)make different provision for different purposes or circumstances including, in particular, different provision for—                  

(i)different Scottish Courts,                  

(ii)different relevant officers,                  

(iii)different proceedings or types of proceedings.                  

(3)In this section—                  
          -  “relevant officer” means—                          (a)
a clerk, deputy clerk or assistant clerk of any of the Scottish Courts,
(b)
the Accountant of Court,
(c)
the Auditor of the Court of Session,
(d)
the auditor of a sheriff court,
(e)
any other officer who is a member of the staff of the SCTS,
 
          -  “Scottish Courts” means—                          (a)
the Court of Session,
(b)
the High Court of Justiciary,
(c)
the court for hearing appeals under section 57(1)(b) of the Representation of the People Act 1983,
(d)
the election court in Scotland constituted under section 123 of that Act,
(e)
the Scottish Land Court,
(f)
the Lands Valuation Appeal Court,
(g)
the Sheriff Appeal Court,
(h)
sheriff courts,
(i)
justice of the peace courts.
 

(4)The Scottish Ministers may by order modify (either or both of) the definitions of “relevant officer” and “Scottish Courts”                        in subsection (3).                  

Commencement Information

I73S. 107 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### Sanction for counselS

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

(1)This section applies in civil proceedings in the sheriff court or the Sheriff Appeal Court where the court is deciding, for                        the purposes of any relevant expenses rule, whether to sanction the employment of counsel by a party for the purposes of the                        proceedings.                  

(2)The court must sanction the employment of counsel if the court considers, in all the circumstances of the case, that it is                        reasonable to do so.                  

(3)In considering that matter, the court must have regard to—                  

(a)whether the proceedings are such as to merit the employment of counsel, having particular regard to—                  

(i)the difficulty or complexity, or likely difficulty or complexity, of the proceedings,                  

(ii)the importance or value of any claim in the proceedings, and                  

(b)the desirability of ensuring that no party gains an unfair advantage by virtue of the employment of counsel.                  

(4)The court may have regard to such other matters as it considers appropriate.                  

(5)References in this section to proceedings include references to any part or aspect of the proceedings.                  

(6)In this section—                  
          -  “counsel” means—                          (a)
an advocate,
(b)
a solicitor having a right of audience in the Court of Session under section 25A of the Solicitors (Scotland) Act 1980,
 
          -  “court”, in relation to proceedings in the sheriff court, means the sheriff,                         
          -  “relevant expenses rule” means, in relation to any proceedings mentioned in subsection (1), any provision of an act of sederunt requiring, or having                           the effect of requiring, that the employment of counsel by a party for the purposes of the proceedings be sanctioned by the                           court before the fees of counsel are allowable as expenses that may be awarded to the party.                         

(7)This section is subject to an act of sederunt under section 104(1) or 106(1).                  

## **PART 5**SCIVIL APPEALS

### Appeals to the Sheriff Appeal CourtS

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

(1)No appeal may be taken to the sheriff principal against any decision of a sheriff in civil proceedings.                  

(2)Subsection (3) applies to any provision of any pre-commencement enactment that—                  

(a)provides for an appeal to the sheriff principal from any decision of a sheriff in civil proceedings, or                  

(b)restricts or excludes any such appeal.                  

(3)The provision has effect as if for the reference to the sheriff principal there were substituted a reference to the Sheriff                        Appeal Court.                  

(4)In subsection (2), “pre-commencement enactment” means an enactment passed or made before this section comes into force.                  

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

(1)An appeal may be taken to the Sheriff Appeal Court, without the need for permission, against—                  

(a)a decision of a sheriff constituting final judgment in civil proceedings, or                  

(b)any decision of a sheriff in civil proceedings—                  

(i)granting, refusing or recalling an interdict, whether interim or final,                  

(ii)granting interim decree for payment of money other than a decree for expenses,                  

(iii)making an order ad factum praestandum,                  

(iv)sisting an action,                  

(v)allowing, refusing or limiting the mode of proof, or                  

(vi)refusing a reponing note.                  

(2)An appeal may be taken to the Sheriff Appeal Court against any other decision of a sheriff in civil proceedings if the sheriff,                        on the sheriff's own initiative or on the application of any party to the proceedings, grants permission for the appeal.                  

(3)In an appeal to the Sheriff Appeal Court, the Court may allow further proof.                  

(4)This section does not affect any other right of appeal to the Sheriff Appeal Court under any other enactment.                  

(5)This section does not affect any right of appeal against any decision of a sheriff to the Court of Session under any other                        enactment.                  

(6)This section is subject to any provision of this or any other enactment that restricts or excludes a right of appeal from                        a sheriff to the Sheriff Appeal Court.                  

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

(1)In determining an appeal under section 110, the Court has power to—                  

(a)grant such disposal as the Court sees fit, including by (in whole or in part)—                  

(i)adhering to the decision that is subject to the appeal,                  

(ii)recalling the decision,                  

(iii)varying the decision,                  

(iv)remitting the case back to the sheriff,                  

(v)dismissing the appeal,                  

(b)make such incidental or interim orders as may be necessary, and                  

(c)determine any incidental or other issue that needs to be determined for the purpose of doing justice in the appeal.                  

(2)Subsection (1)—                  

(a)does not affect the generality of section 47(3), but                  

(b)is subject to any other provision of this Act or any other enactment that restricts or excludes any power of the Court in                        determining or disposing of an appeal.                  

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

(1)This section applies in relation to an appeal to the Sheriff Appeal Court against a decision of a sheriff in civil proceedings.                  

(2)The Sheriff Appeal Court may—                  

(a)on the application of a party to the appeal, and                  

(b)if satisfied that the appeal raises a complex or novel point of law,                  

remit the appeal to the Court of Session.

(3)Where an appeal is remitted to the Court of Session under subsection (2), the Court of Session may deal with and dispose of                        the appeal as if it had originally been made direct to that Court.                  

### Appeals to the Court of SessionS

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

(1)An appeal may be taken to the Court of Session against a decision of the Sheriff Appeal Court constituting final judgment                        in civil proceedings, but only—                  

(a)with the permission of the Sheriff Appeal Court, or                  

(b)if that Court has refused permission, with the permission of the Court of Session.                  

(2)The Sheriff Appeal Court or the Court of Session may grant permission under subsection (1) only if the Court considers that—                  

(a)the appeal would raise an important point of principle or practice, or                  

(b)there is some other compelling reason for the Court of Session to hear the appeal.                  

(3)This section does not affect any other right of appeal against any decision of the Sheriff Appeal Court to the Court of Session                        under any other enactment.                  

(4)This section is subject to any provision of any other enactment that restricts or excludes a right of appeal from the Sheriff                        Appeal Court to the Court of Session.                  

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

(1)An appeal may be taken to the Court of Session against a decision of a sheriff principal constituting a final judgment in                        relevant civil proceedings.                  

(2)This section does not affect any other right of appeal against any decision of a sheriff principal to the Court of Session                        under any other enactment.                  

(3)This section is subject to any provision of any other enactment that restricts or excludes any right of appeal from a sheriff                        principal to the Court of Session.                  

(4)In subsection (1), “relevant civil proceedings” means civil proceedings (other than an appeal) under an enactment that provides for the proceedings to be brought before                        a sheriff principal rather than a sheriff.                  

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

In the Court of Session Act 1988, after section 31 insert—

##### “31APower to provide for single judge of Inner House to determine leave or permission and assess grounds of appeal

(1)The Court may by act of sederunt provide for any applications to the Court for leave or permission to appeal to the Inner                           House to be determined by a single judge of the Inner House.                  

(2)The Court may by act of sederunt provide for—                  

(a)any appeal proceedings to be considered initially (and, where required, after leave or permission to appeal has been granted)                           by a single judge of the Inner House, and                  

(b)for the single judge to decide, by reference to whether the grounds of appeal or any of them are arguable—                  

(i)whether the appeal proceedings should be allowed to proceed in the Inner House, and                  

(ii)if so, on which grounds.                  

(3)An act of sederunt under subsection (1) or (2)—                  

(a)must include provision—                  

(i)about the procedure to be followed in the proceedings before the single judge, including provision for the parties to be heard                           before the judge makes a decision,                  

(ii)for review, on the application of any party to the proceedings, of the decision of the single judge by a Division of the Inner                           House,                  

(iii)about the grounds on which the decision may be so reviewed,                  

(iv)about the procedure to be followed in such a review,                  

(v)about the matters that may be considered in such a review and the powers available to the Division on disposing of the review,                           and                  

(b)may make different provision in relation to different types of—                  

(i)applications for leave or permission,                  

(ii)appeal proceedings.                  

(4)Subject to any provision made in an act of sederunt by virtue of subsection (3)(a)(ii) to (v), the decision of any single                           judge under an act of sederunt under subsection (1) or (2) is final.                  

(5)Subsection (6) applies in appeal proceedings in which—                  

(a)a single judge has granted leave or permission for the appeal by virtue of subsection (1), and                  

(b)the judge's decision is subject to review by a Division of the Inner House by virtue of subsection (3)(a)(ii).                  

(6)Where this subsection applies, the reference in subsection (2)(a) to leave or permission to appeal having been granted is                           a reference to its having been confirmed following review by the Division of the Inner House.                  

(7)In subsection (2)(a), “appeal proceedings” means proceedings on—                  

(a)a reclaiming application under section 28 (reclaiming against decisions of a Lord Ordinary),                  

(b)an application under section 29 (application for a new trial),                  

(c)an application under section 31 (application to overturn jury verdict),                  

(d)an appeal from the Sheriff Appeal Court under section 113 of the Courts Reform (Scotland) Act 2014,                  

(e)an appeal from a sheriff principal under section 114 of that Act,                  

(f)any other appeal taken to the Court (whether under an enactment or otherwise).”.                  

Commencement Information

I74S. 115 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### Effect of appealS

#### 116Effect of appealS

(1)This section applies to—                  

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

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

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

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

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

(a)a warrant to take inventories,                  

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

(c)a warrant for interim preservation,                  

(d)an interim interdict.                  

### Appeals to the Supreme CourtS

#### 117Appeals to the Supreme CourtS

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

##### “40Appeals to the Supreme Court

(1)An appeal may be taken to the Supreme Court against a decision of the Inner House mentioned in subsection (2), but only—                  

(a)with the permission of the Inner House, or                  

(b)if the Inner House has refused permission, with the permission of the Supreme Court.                  

(2)The decisions are—                  

(a)a decision constituting final judgment in any proceedings,                  

(b)a decision in an exchequer cause,                  

(c)a decision, on an application under section 29, to grant or refuse a new trial in any proceedings,                  

(d)any other decision in any proceedings if—                  

(i)there is a difference of opinion among the judges making the decision, or                  

(ii)the decision is one sustaining a preliminary defence and dismissing the proceedings.                  

(3)An appeal may be taken to the Supreme Court against any other decision of the Inner House in any proceedings, but only with                           the permission of the Inner House.                  

(4)In an appeal against a decision mentioned in subsection (2)(c), the Supreme Court has the same powers as the Inner House had                           in relation to the application under section 29, including, in particular, the powers under sections 29(3) and 30(3).                  

(5)No appeal may be taken to the Supreme Court against any decision of a Lord Ordinary.                  

(6)But subsection (5) does not affect the operation of subsections (1) and (3) in relation to a decision of the Inner House in                           a review of a decision of a Lord Ordinary.                  

(7)In an appeal to the Supreme Court under this section against a decision of the Inner House in any proceedings, all prior decisions                           in the proceedings (whether made at first instance or at any stage of appeal) are open to review by the Supreme Court.                  

(8)This section is subject to—                  

(a)sections 27(5) and 32(5),                  

(b)any provision of any other enactment that restricts or excludes an appeal from the Court of Session to the Supreme Court.                  

(9)This section does not affect any right of appeal from the Court of Session to the Supreme Court that arises apart from this                           section.                  

(10)In this section—                  
          -  “final judgment”, in relation to any proceedings, means a decision which, by itself or taken along with prior decisions in the proceedings,                              disposes of the subject matter of the proceedings on its merits, even though judgment may not have been pronounced on every                              question raised or expenses found due may not have been modified, taxed or decerned for,                         
          -  “preliminary defence”, in relation to any proceedings, means a defence that does not relate to the merits of the proceedings.                         

##### 40APermission for appeal under section 40

(1)An application to the Inner House for permission to take an appeal under section 40(1) or (3) must be made—                  

(a)within the period of 28 days beginning with the date of the decision against which the appeal is to be taken, or                  

(b)within such longer period as the Inner House considers equitable having regard to all the circumstances.                  

(2)An application to the Supreme Court for permission to take an appeal under section 40(1) must be made—                  

(a)within the period of 28 days beginning with the date on which the Inner House refuses permission for the appeal, or                  

(b)within such longer period as the Supreme Court considers equitable having regard to all the circumstances.                  

(3)The Inner House or the Supreme Court may grant permission for an appeal under section 40(1) or (3) only if the Inner House                           or, as the case may be, the Supreme Court considers that the appeal raises an arguable point of law of general public importance                           which ought to be considered by the Supreme Court at that time.”.                  

## **PART 6**SCRIMINAL APPEALS

### Appeals from summary criminal proceedingsS

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

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

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

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

#### 119Appeals from the Sheriff Appeal Court to the High CourtS

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

##### **“PART 10ZA**SAPPEALS FROM SHERIFF APPEAL COURT

###### 194ZBAppeal from the Sheriff Appeal Court

(1)An appeal on a point of law may be taken to the High Court against any decision of the Sheriff Appeal Court in criminal proceedings,                           but only with the permission of the High Court.                  

(2)An appeal under subsection (1) may be taken by any party to the appeal in the Sheriff Appeal Court.                  

(3)The High Court may give permission for an appeal under subsection (1) only if the Court considers that—                  

(a)the appeal would raise an important point of principle or practice, or                  

(b)there is some other compelling reason for the Court to hear the appeal.                  

(4)An application for permission for an appeal under subsection (1) must be made before the end of the period of 14 days beginning                           with the day on which the decision of the Sheriff Appeal Court that would be the subject of the appeal was made.                  

(5)The High Court may extend the period of 14 days mentioned in subsection (4) if satisfied that doing so is justified by exceptional                           circumstances.                  

###### 194ZCAppeals: applications and procedure

(1)An appeal under section 194ZB(1) is to be made by way of note of appeal.                  

(2)A note of appeal must specify the point of law on which the appeal is being made.                  

(3)For the purposes of considering and deciding an appeal under section 194ZB(1)—                  

(a)three of the judges of the High Court are to constitute a quorum of the Court,                  

(b)decisions are to be taken by a majority vote of the members of the Court sitting (including the presiding judge),                  

(c)each judge sitting may pronounce a separate opinion.                  

###### 194ZDApplication for permission for appeal: determination by single judge

(1)An application to the High Court for permission for an appeal under section 194ZB(1) is to be determined by a single judge                           of the High Court.                  

(2)If the judge gives permission for the appeal, the judge may make comments in writing in relation to the appeal.                  

(3)If the judge refuses permission for the appeal—                  

(a)the judge must give reasons in writing for the refusal, and                  

(b)where the appellant is on bail and the sentence imposed on the appellant on conviction is one of imprisonment, the judge must                           grant a warrant to apprehend and imprison the appellant.                  

(4)A warrant under subsection (3)(b) does not take effect until the expiry of the period of 14 days mentioned in section 194ZE(1)                           (or, where that period is extended under section 194ZE(2) before the period being extended expires, until the expiry of the                           period as so extended) without an application for permission having been lodged by the appellant under section 194ZE(1).                  

###### 194ZEFurther application for permission where single judge refuses permission

(1)Where the judge refuses permission for the appeal under section 194ZD, the appellant may, within the period of 14 days beginning                           with the day on which intimation of the decision is given under section 194ZF(2), apply again to the High Court for permission                           for the appeal.                  

(2)The High Court may extend the period of 14 days mentioned in subsection (1), or that period as extended under this subsection,                           whether or not the period to be extended has expired.                  

(3)The High Court may extend a period under subsection (2) only if satisfied that doing so is justified by exceptional circumstances.                  

(4)Three of the judges of the High Court are to constitute a quorum for the purposes of considering an application under subsection                           (1).                  

(5)If the High Court gives permission for the appeal, the Court may make comments in writing in relation to the appeal.                  

(6)If the High Court refuses permission for the appeal—                  

(a)the Court must give reasons in writing for the refusal, and                  

(b)where the appellant is on bail and the sentence imposed on the appellant on conviction is one of imprisonment, the Court must                           grant a warrant to apprehend and imprison the appellant.                  

###### 194ZFApplications for permission: further provision

(1)An application for permission for an appeal under section 194ZB(1) is to be considered and determined (whether under section                           194ZD or 194ZE)—                  

(a)in chambers without the parties being present,                  

(b)by reference to section 194ZB(3), and                  

(c)on the basis of consideration of—                  

(i)the note of appeal under section 194ZC(1), and                  

(ii)such other document or information (if any) as may be specified by act of adjournal.                  

(2)The Clerk of Justiciary must, as soon as possible, intimate to the appellant or the appellant's solicitor and to the Crown                           Agent—                  

(a)a decision under section 194ZD or 194ZE determining the application for permission for an appeal, and                  

(b)in the case of a refusal of permission for the appeal, the reasons for the decision.                  

###### 194ZGRestriction of grounds of appeal

(1)Comments in writing made under section 194ZD(2) or 194ZE(5) may specify the arguable grounds of appeal (whether or not they                           were stated in the note of appeal) on the basis of which permission for the appeal was given.                  

(2)Where the arguable grounds of appeal are specified under subsection (1), the appellant may not, except with the permission                           of the High Court on cause shown, found any aspect of the appeal on a ground of appeal stated in the application for permission                           but not specified under subsection (1).                  

(3)An application by the appellant for permission under subsection (2) must—                  

(a)be made before the end of the period of 14 days beginning with the date of intimation under section 194ZF(2), and                  

(b)be intimated by the appellant to the Crown Agent before the end of that period.                  

(4)The High Court may extend the period of 14 days mentioned in subsection (3) if satisfied that doing so is justified by exceptional                           circumstances.                  

(5)The appellant may not, except with the permission of the High Court on cause shown, found any aspect of the appeal on a matter                           not stated in the note of appeal (or in a duly made amendment or addition to the note of appeal).                  

(6)Subsection (5) does not apply in relation to a matter specified as an arguable ground of appeal under subsection (1).                  

###### 194ZHDisposal of appeals

(1)In disposing of an appeal under section 194ZB(1), the High Court may—                  

(a)remit the case back to the Sheriff Appeal Court with its opinion and any direction as to further procedure in, or disposal                           of, the case, or                  

(b)exercise any power that the Sheriff Appeal Court could have exercised in relation to disposal of the appeal proceedings before                           that Court.                  

(2)So far as necessary for the purposes or in consequence of the exercise of a power by the High Court by virtue of subsection                           (1)(b)—                  

(a)references in Part X to the Sheriff Appeal Court are to be read as including references to the High Court, and                  

(b)references in Part X to a verdict of or sentence passed by the inferior court are to be read as incuding references to a verdict                           of or sentence passed by the Sheriff Appeal Court in disposing of the appeal before it.                  

(3)Subsections (1)(b) and (2) do not affect any power in relation to the consideration or disposal of appeals that the High Court                           has apart from those subsections.                  

###### 194ZIProcedure where appellant in custody

(1)Section 177 (procedure where appellant in custody) applies in the case where a party making an appeal (other than an excepted                           appeal) under section 194ZB(1) is in custody as it applies in the case where an appellant making an application under section                           176 is in custody.                  

(2)In subsection (1), “excepted appeal” means an appeal against a decision of the Sheriff Appeal Court in—                  

(a)an appeal under section 32, or                  

(b)an appeal under section 177(3).                  

###### 194ZJAbandonment of appeal

An appellant in an appeal under section 194ZB(1) may at any time abandon the appeal by minute to that effect—                  

(a)signed by the appellant or the appellant's solicitor,                  

(b)lodged with the Clerk of Justiciary, and                  

(c)intimated to the respondent or the respondent's solicitor.                  

###### 194ZKFinality of proceedings

(1)Every interlocutor and sentence (including disposal or order) pronounced by the High Court in disposing of an appeal relating                           to summary proceedings is final and conclusive and not subject to review by any court whatsoever.                  

(2)Subsection (1) is subject to—                  

(a)Part XA and section 288AA, and                  

(b)paragraph 13(a) of Schedule 6 to the Scotland Act 1998.                  

(3)It is incompetent to stay or suspend any execution or diligence issuing from the High Court under this Part, except for the                           purposes of an appeal under—                  

(a)section 288AA, or                  

(b)paragraph 13(a) of Schedule 6 to the Scotland Act 1998.                  

###### 194ZLComputation of time

If any period of time specified in this Part expires on a Saturday, Sunday or court holiday prescribed for the relevant court,                        the period is extended to expire on the next day which is not a Saturday, Sunday or such a court holiday.”.                  

Commencement Information

I75S. 119 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

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

##### “175APower to refer points of law for the opinion of the High Court

(1)In an appeal under this Part, the Sheriff Appeal Court may refer a point of law to the High Court for its opinion if it considers                           that the point is a complex or novel one.                  

(2)The Sheriff Appeal Court may make a reference under subsection (1)—                  

(a)on the application of a party to the appeal proceedings, or                  

(b)on its own initiative.                  

(3)On giving its opinion on a reference under subsection (1), the High Court may also give a direction as to further procedure                           in, or disposal of, the appeal.”.                  

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

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

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

(3)After subsection (3), insert—                  

“(3A)For the purposes of an appeal under Part X of this Act in a case referred to the High Court under subsection (1)—                  

(a)the High Court may exercise in the case all the powers and jurisdiction that the Sheriff Appeal Court would, had the case                           been an appeal to that Court, have had in relation to the case by virtue of section 118 of the Courts Reform (Scotland) Act                           2014, and                  

(b)accordingly, Part X of this Act has effect in relation to the case subject to the following modifications—                  

(i)references to the Sheriff Appeal Court are to be read as references to the High Court,                  

(ii)references to an Appeal Sheriff are to be read as references to a judge of the High Court,                  

(iii)references to the Clerk of the Sheriff Appeal Court are to be read as reference to the Clerk of Justiciary.”.                  

### Bail appealsS

#### 122Bail appealsS

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

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

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

“(3CA)The clerk of the court from which the appeal is to be taken (unless that clerk is the Clerk of Justiciary) must—                  

(a)send the notice of appeal without delay to the clerk of the appropriate Appeal Court, and                  

(b)before the end of the day after the day of receipt of the notice of appeal, send the judge's report (if provided by then)                           to the clerk of the appropriate Appeal Court.”.                  

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

(5)In subsection (3H)—                  

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

(b)for “(3E)” substitute “ (3CA) ”.                  

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

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

(8)After subsection (10), insert—                  

“(11)In this section—                  
          -  “appropriate Appeal Court” means—                          (a)
in the case of an appeal under this section against a bail decision of the High Court or a judge of the High Court, that Court,                                 
(b)
in the case of an appeal under this section against a bail decision of the Sheriff Appeal Court, the High Court,                                 
(c)
in the case of an appeal under this section against a bail decision of a sheriff (whether in solemn or summary proceedings)                                       or a JP court, the Sheriff Appeal Court,                                 
 
          -  “judge of the appropriate Appeal Court” means—                          (a)
in a case where the High Court is the appropriate Appeal Court, judge of that Court,                                 
(b)
in a case where the Sheriff Appeal Court is the appropriate Appeal Court, Appeal Sheriff,                                 
 
          -  “the clerk of the appropriate Appeal Court” means—                          (a)
in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary,                                 
(b)
in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.                                 
 

(12)In a case where the Sheriff Appeal Court is the appropriate Appeal Court, the references in subsections (3G)(b) and (10) to                           the Crown Agent are to be read as references to the prosecutor.”.                  

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

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

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

#### “Other Court of Session judgesS

##### 20AQualification of certain individuals for appointment as Court of Session judge

(1)An individual is qualified for appointment as a judge of the Court of Session if the individual—                  

(a)immediately before the appointment—                  

(i)held the office of sheriff principal or sheriff, and                  

(ii)had held office as either sheriff principal or sheriff throughout the period of 5 years immediately preceding the appointment,                           or                  

(b)at the time of appointment—                  

(i)is a solicitor having a right of audience in the Court of Session or the High Court of Justiciary under section 25A of the                           Solicitors (Scotland) Act 1980 (rights of audience), and                  

(ii)has been such a solicitor throughout the period of 5 years immediately preceding the appointment.                  

(2)Subsection (1) does not affect an individual's qualification for appointment as a judge of the Court of Session by virtue                           of article xix of the Union with England Act 1707.                  

##### 20BTemporary judges

(1)The Scottish Ministers may appoint an individual to act as a judge of the Court of Session; and an individual so appointed                           is to be known as a “temporary judge”.                  

(2)An individual appointed under subsection (1) may also, by virtue of the appointment, act as a judge of the High Court of Justiciary.                  

(3)The Scottish Ministers may appoint an individual under subsection (1) only if—                  

(a)the individual is qualified for appointment as a judge of the Court of Session, and                  

(b)the Scottish Ministers have consulted the Lord President before making the appointment.                  

(4)Subject to section 20C, an appointment as a temporary judge lasts for 5 years.                  

(5)Subject to subsection (6), an individual appointed under subsection (1) is, while acting as a judge of the Court of Session                           or the High Court of Justiciary, to be treated for all purposes as a judge of that Court and may exercise the jurisdiction                           and powers that attach to that office.                  

(6)Such an individual is not to be treated as a judge of the Court of Session for the purposes of any enactment or rule of law                           relating to—                  

(a)the appointment, tenure of office, retirement, removal or disqualification of judges of that Court (including, without limiting                           that generality, any enactment or rule of law relating to the number of judges who may be appointed),                  

(b)the remuneration, allowances or pensions of such a judge.                  

(7)The appointment of an individual under subsection (1) does not affect—                  

(a)any appointment of the individual as a sheriff principal or sheriff, or                  

(b)the individual's continuing with any business or professional occupation not inconsistent with the individual acting as a                           judge.                  

##### 20CReappointment of temporary judges

(1)A temporary judge whose appointment comes to an end by virtue of the expiry of the 5 year period mentioned in section 20B(4)                           is to be reappointed unless—                  

(a)the temporary judge declines reappointment,                  

(b)the Lord President has made a recommendation to the Scottish Ministers against the reappointment, or                  

(c)the temporary judge has sat for fewer than 50 days in total in that 5 year period.                  

(2)Section 20B (apart from subsection (3)) applies to a reappointment under subsection (1) as it applies to an appointment.                  

(3)A temporary judge whose appointment comes to an end by resignation under section 20D may be reappointed.                  

(4)Section 20B applies to a reappointment under subsection (3) as it applies to an appointment.                  

##### 20DCessation of appointment of temporary judges

(1)A temporary judge may resign at any time by giving notice to that effect to the Scottish Ministers.                  

(2)An individual's appointment as a temporary judge ends—                  

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

(b)when the individual retires from office, or                  

(c)if the individual is removed from office as such under section 39 (temporary judges: removal from office).                  

##### 20ERe-employment of former Court of Session and Supreme Court judges

(1)The Lord President may appoint a qualifying former judge to act as a judge of the Court of Session.                  

(2)An individual appointed under subsection (1) may also, by virtue of the appointment, act as a judge of the High Court of Justiciary.                  

(3)An individual so appointed may act as a judge only during such periods or on such occasions as the Lord President may determine.                  

(4)The Lord President may make an appointment under subsection (1) only if it appears to the Lord President to be expedient as                           a temporary measure in order to facilitate the disposal of business in the Court of Session or the High Court of Justiciary.                  

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

(a)has ceased to hold the office of—                  

(i)judge of the Court of Session other than by virtue of section 95(6) of the Scotland Act 1998, or                  

(ii)Justice of the Supreme Court or President or Deputy President of that Court and who, at the time of being appointed to the                           office in question, was eligible for appointment as a judge in the Court of Session, and                  

(b)has not reached the age of 75.                  

##### 20FRe-employment of former judges: further provision

(1)Subject to subsection (2), an individual's appointment under section 20E(1) lasts until recalled by the Lord President.                  

(2)An individual's appointment under section 20E(1) ceases when the individual reaches the age of 75.                  

(3)Despite the ending of an individual's appointment under section 20E(1)—                  

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

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

(4)Subject to subsection (5), an individual appointed under section 20E(1) is, while acting as a judge of the Court of Session                           or the High Court of Justiciary, to be treated for all purposes as a judge of that Court and may exercise the jurisdiction                           and powers that attach to that office.                  

(5)Such an individual is not to be treated as a judge of the Court of Session for the purposes of any enactment or rule of law                           relating to—                  

(a)the appointment, tenure of office, retirement, removal or disqualification of judges of that Court (including, without limiting                           that generality, any enactment or rule of law relating to the number of judges who may be appointed),                  

(b)the oaths to be taken by such judges,                  

(c)the remuneration, allowances or pensions of such a judge.                  

##### 20GRemuneration and expenses of temporary and former judges

(1)The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to an individual appointed under section 20B(1) or 20E(1)                           such remuneration as the Scottish Ministers may determine.                  

(2)The Scottish Ministers may determine different amounts of remuneration for—                  

(a)different individuals so appointed, or                  

(b)different descriptions of individuals so appointed.                  

(3)The SCTS may pay to an individual appointed under section 20B(1) or 20E(1) such sums as it may determine in respect of expenses                           reasonably incurred by the individual in the performance of, or in connection with, the individual's duties.                  

(4)The SCTS may—                  

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

(b)determine different circumstances for different individuals.”.                  

Commencement Information

I76S. 123 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

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

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

### 125ExpensesS

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

(2)The Scottish Courts and Tribunals Service may—                  

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

(b)determine different circumstances for—                  

(i)different Senators,                  

(ii)different descriptions of Senators,                  

(iii)the different duties of Senators.                  

Commencement Information

I77S. 125 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

## **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

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

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

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

“(7)The Scottish Courts and Tribunals Service may, with the agreement of the Lord President, submit a proposal to the Scottish                           Ministers for the making of an order under subsection (2) or (6).                  

(7A)Before submitting a proposal to the Scottish Ministers, the Scottish Courts and Tribunals Service must consult such persons                           as it considers appropriate.                  

(7B)If, following submission of a proposal, the Scottish Ministers decide to make an order, they must have regard to the proposal                           in deciding what provision to make in the order.                  

(7C)The Scottish Ministers may make an order under subsection (2) or (6) only with the consent of—                  

(a)the Lord President, and                  

(b)the Scottish Courts and Tribunals Service.”.                  

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

Commencement Information

I78S. 127 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### 128Abolition of the office of stipendiary magistrateS

(1)The office of stipendiary magistrate is abolished.                  

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

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

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

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

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

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

(8)A person appointed—                  

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

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

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

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

## **PART 10**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

I79S. 130 in force at 2.2.2015 for specified purposes by S.S.I. 2015/12, **art. 2**

I80S. 130 in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

## **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) ”.                  

Commencement Information

I81S. 131 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

## **PART 12**SGENERAL

### 132Modifications of enactmentsS

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

Commencement Information

I82S. 132 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### 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

I83S. 134 partly in force; s. 134(1)(3) in force at 11.11.2014, see s. 138(1)

I84S. 134(2) in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### 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)

### The transitional periodS

1SIn this schedule, “the transitional period” means the period of 3 years beginning with the day on which section 46 comes into force.

Commencement Information

I85Sch. 2 para. 1 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### Appointment of Senators of the College of Justice to act as Appeal SheriffsS

2(1)The Lord President of the Court of Session may appoint persons holding the office of Senator of the College of Justice to                        act as Appeal Sheriffs for the transitional period.S

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

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

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

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

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

(a)sections 50 and 51,

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

Commencement Information

I86Sch. 2 para. 2 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### TenureS

3(1)A person's appointment under paragraph 2(1) ceases—S

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

(b)on the expiry of the transitional period.

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

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

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

Commencement Information

I87Sch. 2 para. 3 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### SavingsS

4SDespite the ending by virtue of paragraph 3(1)(b) of a person's appointment under paragraph 2(1)—

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

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

Commencement Information

I88Sch. 2 para. 4 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

## 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

I89Sch. 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**

I90Sch. 4 para. 1(1)(2)(6)(8)(9) in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

I91Sch. 4 para. 1(3)-(5)(7)(10)-(12) in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### **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.

Commencement Information

I92Sch. 4 para. 2 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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

I93Sch. 4 para. 3(1)-(4)(6) in force at 2.2.2015 for specified purposes by S.S.I. 2015/12, **art. 2**

I94Sch. 4 para. 3(1)-(4)(6) in force at 1.4.2015 in so far as not already in force by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

I95Sch. 4 para. 3(5) in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

#### Lands Tribunal Act 1949S

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

Commencement Information

I96Sch. 4 para. 4 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.

Commencement Information

I97Sch. 4 para. 5 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.

Commencement Information

I98Sch. 4 para. 6 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

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

Commencement Information

I99Sch. 4 para. 7 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### Tribunals (Scotland) Act 2014S

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

Commencement Information

I100Sch. 4 para. 8 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.

Commencement Information

I101Sch. 4 para. 9 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

## 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 ”.

Commencement Information

I102Sch. 5 para. 1 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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, ”.

Commencement Information

I103Sch. 5 para. 2 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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).

Commencement Information

I104Sch. 5 para. 3 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.** (with art. 6)

#### Sheriff Courts (Scotland) Act 1907S

4SThe following provisions of the Sheriff Courts (Scotland) Act 1907 are repealed—

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

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

(c)section 14 (salaries of sheriffs and sheriffs-substitute),

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

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

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

(g)section 50 (summary applications),

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

Commencement Information

I105Sch. 5 para. 4(a) in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

I106Sch. 5 para. 4(b)(c) in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

I107Sch. 5 para. 4(f) in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.** (with art. 7)

#### 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.”.                  

Commencement Information

I108Sch. 5 para. 5 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### Sheriff Courts (Scotland) Act 1971S

6(1)The Sheriff Courts (Scotland) Act 1971 is amended in accordance with this paragraph.S

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

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

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

Commencement Information

I109Sch. 5 para. 6(1)(2) in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), **Sch.** (with art. 7)

#### 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.

Commencement Information

I110Sch. 5 para. 7 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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 ”.

Commencement Information

I111Sch. 5 para. 9 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### **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.”.                  

Commencement Information

I112Sch. 5 para. 10 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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

(1)The records of the Sheriff Appeal Court are to be transmitted to the Keeper at such times, and subject to such conditions                           as may be prescribed—                  

(a)in relation to records relating to criminal proceedings, by act of adjournal,                  

(b)in relation to other records, by act of sederunt.                  

(2)An act of adjournal or act of sederunt under subsection (1) may—                  

(a)fix different times and conditions of transmission for different descriptions or records,                  

(b)make provision for—                  

(i)re-transmission of records to the High Court of Justiciary, the Court of Session or the Sheriff Appeal Court when such re-transmission                           is necessary for the purposes of proceedings in any of the Courts, and                  

(ii)the return to the Keeper of any records so re-transmitted as soon as they have ceased to be required for such a purpose.                  

(3)Before making an act of adjournal or act of sederunt under subsection (1), the High Court of Justiciary or, as the case may                           be, the Court of Session must consult the Keeper.”.                  

(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;”.                  

Commencement Information

I113Sch. 5 para. 11 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

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

12(1)Section 1 of the Administration of Justice (Scotland) Act 1972 (powers of courts to order inspection of documents or other                        property etc.) is amended in accordance with this paragraph.S

(2)In subsection (1), after “Session” insert “ , of the Sheriff Appeal Court ”.

(3)In subsection (1A), after “Session” insert “ , of the Sheriff Appeal Court ”.

(4)In subsection (3), after “sheriff court” insert “ and the Sheriff Appeal Court ”.

Commencement Information

I114Sch. 5 para. 12(1)(4) in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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,”.                  

Commencement Information

I115Sch. 5 para. 16 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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

(1)Where the Sheriff Appeal Court pronounces an opinion under section 189(7) of the 1995 Act, the Court may require the Council                           to—                  

(a)prepare, for the approval of the High Court of Justiciary, sentencing guidelines on any matter, or                  

(b)review any sentencing guidelines published by the Council on any matter.                  

(2)On making a requirement under subsection (1), the Sheriff Appeal Court must state its reasons for doing so.                  

(3)The Council must comply with a requirement made under subsection (1) and, in doing so, must have regard to the Sheriff Appeal                           Court's reasons for making the requirement.”.                  

(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”.                  

Commencement Information

I116Sch. 5 para. 18 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### **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

(1)This section applies where the Court of Session remits a petition for judicial review under section 57(2).                  

(2)It is for the Upper Tribunal to determine—                  

(a)whether the petition has been made timeously, and                  

(b)whether to grant permission for the petition to proceed under section 27B of the Court of Session Act 1988 (“the 1988 Act”) (requirement for permission).                  

(3)Accordingly—                  

(a)the Upper Tribunal has the same powers in relation to the petition as the Court of Session would have had in relation to it                           under sections 27A to 27C of the 1988 Act,                  

(b)sections 27C and 27D of that Act apply in relation to a decision of the Upper Tribunal under section 27B(1) of that Act as                           they apply in relation to such a decision of the Court of Session.                  

(4)The references in section 27C(3) and (4) of the 1988 Act (oral hearings where permission refused) to a different Lord Ordinary                           from the one who refused or granted permission are to be read as references to different members of the Tribunal from those                           of whom it was composed when it refused or granted permission.”.                  

### **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.

Commencement Information

I117Sch. 5 para. 26 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.** (with art. 7)

#### 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.

Commencement Information

I118Sch. 5 para. 28 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.** (with art. 7)

#### 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 ”.

Commencement Information

I119Sch. 5 para. 29 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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 ”.

Commencement Information

I120Sch. 5 para. 30 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.** (with art. 7)

#### 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.”.                  

Commencement Information

I121Sch. 5 para. 31 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### **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 ”.

Commencement Information

I122Sch. 5 para. 34 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.

Commencement Information

I123Sch. 5 para. 36 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.

Commencement Information

I124Sch. 5 para. 37 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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) ”.

Commencement Information

I125Sch. 5 para. 38 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

### **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.

Commencement Information

I126Sch. 5 para. 42 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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 ”.

Commencement Information

I127Sch. 5 para. 43 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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.

Commencement Information

I128Sch. 5 para. 44 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**

#### 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,”.                  

Commencement Information

I129Sch. 5 para. 45 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), **Sch.**