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The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2015

Sections16
2015 No. 150

Court Of Session

Judicial Appointments And Discipline

Sheriff Court

The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2015

Made24th March 2015
Coming into force1st April 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 137 of the Courts Reform (Scotland) Act 20141 and all other powers enabling them to do so.

In accordance with section 133(2)(b) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

1 Citation and commencement

This Order may be cited as the Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2015 and comes into force on 1st April 2015.

2 Modification of enactments

The modifications in the schedule have effect.

SCHEDULE 

Modification of Enactments

Article 2

PART 1 Modification of primary legislation

1 Law Reform (Miscellaneous Provisions) (Scotland) Act 1966

In section 8(6) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 19662 (variation etc. of certain orders made by the Court of Session in respect of maintenance, custody etc.), in the definition of “sheriff”, for “paragraph (a), (b) or (j) of section 6 of the Sheriff Courts (Scotland) Act 1907” substitute “paragraphs (a), (b), (c) or (k) of section 43(2) of the Courts Reform (Scotland) Act 2014”.

2 Hovercraft Act 1968

In section 2(1) of the Hovercraft Act 19683 (admiralty jurisdiction etc.), for “section 4 of the Sheriff Courts (Scotland) Act 1907” substitute “sections 38(2)(j) and 40 of the Courts Reform (Scotland) Act 2014”.

3 Administration of Justice (Scotland) Act 1972

In section 1(3) of the Administration of Justice (Scotland) Act 19724 (powers of courts to order inspection of documents or other property, etc.), for “section 16 of the Administration of Justice (Scotland) Act 1933” substitute “section 103(1) of the Courts Reform (Scotland) Act 2014”.

4 Insolvency Act 1986

In section 414 of the Insolvency Act 19865 (fees orders (company insolvency proceedings)), subsection (9) is repealed.

5 Criminal Procedure (Scotland) Act 1995

In section 8(2) of the Criminal Procedure (Scotland) Act 19956 (sittings of sheriff and JP courts), for “section 17(1)(b) of the Sheriff Courts (Scotland) Act 1971” substitute “section 28(1) of the Courts Reform (Scotland) Act 2014”.

6 Access to Justice Act 1999

1 Section 68 of the Access to Justice Act 19997 (judges holding office in European or international courts) is amended as follows.
2 In subsection (3)(a), for “section 14 of the Sheriff Courts (Scotland) Act 1907” substitute “section 16 of the Courts Reform (Scotland) Act 2014”.
3 In subsection (4), for “section 11(1) of the Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal)” substitute “section 6 of the Courts Reform (Scotland) Act 2014 (temporary sheriff principal)”.

7 Antisocial Behaviour etc. (Scotland) Act 2004

In section 40 of the Antisocial Behaviour etc. (Scotland) Act 20048 (interpretation of part 4), in the definition of “court day” for the words from “section 17(1)(b)” to “(c.46))” substitute “section 28(1) of the Courts Reform (Scotland) Act 2014 (asp 18)”.

8 Inquiries Act 2005

1 Section 10 of the Inquiries Act 20059 (appointment of judge as panel member) is amended as follows.
2 In the first column of the table in subsection (1) (description of judge), for “or sheriff” substitute “, sheriff or summary sheriff”.
3 Subsection (2) is repealed.

9 Bankruptcy and Diligence etc. (Scotland) Act 2007

In section 114(4) of the Bankruptcy and Diligence etc. (Scotland) Act 200710 (audit of report of sale), for “section 2 of the Courts of Law Fees (Scotland) Act 1895 (c.14)” substitute “section 107(1) of the Courts Reform (Scotland) Act 2014 (asp 18)”.

PART 2 Modification of secondary legislation

10 The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

In part 2 of schedule 4 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 201311 (excepted professions, offices, employments and occupations), for paragraph 27 substitute—
.

Footnotes

  1. 1
    2014 asp 18.
  2. 2
    1966 c.19.
  3. 3
    1968 c.59.
  4. 4
    1972 c.59; section 1(3) is amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 12(4).
  5. 5
    1986 c.45.
  6. 6
    1995 c.46.
  7. 7
    1999 c.22.
  8. 8
    2004 asp 8.
  9. 9
    2005 c.12.
  10. 10
    2007 asp 3.
  11. 11
    S.S.I. 2013/50.