The Courts Reform (Scotland) Act 2014 (Commencement No. 6 and Transitional Provisions) Order 2016 No. 13 (C. 2)


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Statutory Instruments of the Scottish Parliament
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Scottish Statutory Instruments

2016 No. 13 (C. 2)

Court Of Session

Scottish Land Court

Sheriff Court

Justice Of The Peace Court

Scottish Courts And Tribunals Service

The Courts Reform (Scotland) Act 2014 (Commencement No. 6 and Transitional Provisions) Order 2016

Made

12th January 2016

Laid before the Scottish Parliament

14th January 2016

Coming into force

1st April 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 138(2) and (3) of the Courts Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 6 and Transitional Provisions) Order 2016 and comes into force on 1st April 2016.

Appointed day

2.-(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Courts Reform (Scotland) Act 2014 specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 1st April 2016.

(2) Where a purpose is specified in column 3 of the table in the Schedule, a provision specified in column 1 of that table comes into force only for that purpose.

Justice of the peace courts: summary criminal jurisdiction and powers where proceedings heard by a stipendiary magistrate

3.-(1) Paragraph (2) applies to proceedings in a JP court-

(a)heard to any extent by a stipendiary magistrate; and

(b)in which sentence has not been pronounced before 1st April 2016.

(2) A JP court when constituted by a summary sheriff has, in addition to the jurisdiction and powers the court has otherwise, the summary criminal jurisdiction and powers of a sheriff.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

12th January 2016

Article 2

SCHEDULEProvisions of the Act coming into force on 1st April 2016

Column 1

Provisions of the Act

Column 2

Subject Matter

Column 3

Purpose

Section 16(12) and (13)Payment of salaries of sheriffs principal, sheriffs and summary sheriffs
Section 124Payment of salaries of Court of Session judges
Section 126Scottish Land Court: remuneration and expenses
Section 128Abolition of the office of stipendiary magistrate
Section 129Summary sheriffs to sit in justice of the peace courts
Section 132Modifications of enactmentsFor the purpose of bringing into force the provisions of schedule 5 listed in column 1 below
The following provisions of schedule 5-Modifications of enactments
Paragraph 35Repeal of section 9(5) of the Administration of Justice Act 1973
Paragraph 39Amendment of the Criminal Procedure (Scotland) Act 1995
Paragraph 40Amendment of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007
Paragraph 41Amendment of the Judiciary and Courts (Scotland) Act 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Courts Reform (Scotland) Act 2014. The provisions specified in column 1 of the table in the Schedule to the Order come into force on 1st April 2016. The subject matter of these provisions is set out in column 2 of the table, and where provisions are brought into force only for a limited purpose, this purpose is given in column 3.

Article 3 of the Order makes transitional provision to deal with the abolition of stipendiary magistrates on 1st April 2016 part-way through criminal proceedings. At present, a JP court when constituted by a stipendiary magistrate has the summary criminal jurisdiction and powers of a sheriff under section 7(5) of the Criminal Procedure (Scotland) Act 1995. A JP court constituted by a summary sheriff will not have those powers and section 7(5) is repealed by paragraph 39 of schedule 5 to the Courts Reform (Scotland) Act 2014 which is commenced by this Order.

Article 3(2) ensures that a summary sheriff will have the same powers previously available under section 7(5) for a limited period, namely in existing cases that were heard to any extent by a stipendiary magistrate and where sentence has not been pronounced before 1st April 2016. This ensures that the summary sheriff has the full range of sentencing options that were available to the stipendiary magistrate that heard the case.

The Courts Reform (Scotland) Act 2014 received Royal Assent on 10th November 2014. Sections 133, 134(1) and (3) and 135 to 139 came into force the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.S.I. No.
Sections 1 to 41st April 20152015/77
Section 5 (partially)1st April 20152015/77
Section 5 (for all remaining purposes)22nd September 20152015/247
Sections 6 to 91st April 20152015/77
Section 10 (partially)1st April 20152015/77
Section 10 (for all remaining purposes)22nd September 20152015/247
Sections 11 to 151st April 20152015/77
Section 16(1) to (11)1st April 20152015/77
Sections 17 to 221st April 20152015/77
Section 23(5)12th March 20152015/77
Section 23 (for all remaining purposes)1st April 20152015/77
Sections 24 and 251st April 20152015/77
Sections 27 to 381st April 20152015/77
Section 39 (partially)1st April 20152015/77
Section 39 (for all remaining purposes)22nd September 20152015/247
Sections 40 to 431st April 20152015/77
Sections 44 and 4522nd September 20152015/247
Section 46 (partially)1st April 20152015/77
Section 46 (for all remaining purposes)22nd September 20152015/247
Sections 47 and 48 (partially)22nd September 20152015/247
Sections 47 and 48 (for all remaining purposes)1st January 20162015/378
Sections 49 to 561st April 20152015/77
Section 57(1) and (2)22nd September 20152015/247
Section 57(3) to (5)1st April 20152015/77
Section 5822nd September 20152015/247
Sections 59 to 621st April 20152015/77
Sections 63 to 7122nd September 20152015/247
Section 72 (partially)1st April 20152015/77
Sections 75 and 761st April 20152015/77
Section 7922nd September 20152015/247
Section 81 (partially)1st April 20152015/77
Section 86 (partially)1st April 20152015/77
Sections 87 and 881st April 20152015/77
Section 8922nd September 20152015/247
Sections 90 and 911st April 20152015/77
Sections 92 to 9422nd September 20152015/247
Section 981st April 20152015/77
Section 9922nd September 20152015/247
Section 102 (partially)1st April 20152015/77
Sections 103 to 1071st April 20152015/77
Section 10822nd September 20152015/247
Sections 109 to 1141st January 20162015/378
Section 1151st April 20152015/77
Section 1161st January 20162015/378
Sections 117 and 11822nd September 20152015/247
Section 119 (partially)1st April 20152015/77
Section 119 (for all remaining purposes)22nd September 20152015/247
Sections 120 to 12222nd September 20152015/247
Section 1231st April 20152015/77
Section 1251st April 20152015/77
Section 1271st April 20152015/77
Section 130 and paragraphs 1(1), (2), (6), (8) and (9) and 3(1) to (4) and (6) of schedule 4 (partially)2nd February 20152015/12
Section 130 and schedule 4 (for all remaining purposes)1st April 20152015/77
Section 1311st April 20152015/77
Section 132 (for the purpose of bringing into force certain provisions of schedule 5)1st April 20152015/77
Section 132 (for the purpose of bringing into force further provisions of schedule 5)22nd September 20152015/247
Section 132 (for the purpose of bringing into force further provisions of schedule 5)19th October 20152015/336
Section 132 (for the purpose of bringing into force further provisions of schedule 5)1st January 20162015/378
Section 134(2)1st April 20152015/77
Schedule 122nd September 20152015/247
Schedule 2 (partially)1st April 20152015/77
Schedule 2 (for all remaining purposes)22nd September 20152015/247
Paragraphs 1 to 9, 10(1) to (3), (6) and (7), 11 to 21, 23, 24 and 26 of schedule 322nd September 20152015/247
Schedule 4
The following provisions of schedule 5-
Paragraphs 1 to 31st April 20152015/77
Paragraph 4(a) (partially)1st April 20152015/77
Paragraph 4(a) (for all remaining purposes)22nd September 20152015/247
Paragraphs 4(b) and (c)1st April 20152015/77
Paragraph 4(e)1st January 20162015/378
Paragraph 4(f) (partially)1st April 20152015/77
Paragraph 51st April 20152015/77
Paragraph 6(1) and (2) (partially)1st April 20152015/77
Paragraph 6(1) and (2) (partially)22nd September 20152015/247
Paragraph 71st April 20152015/77
Paragraph 822nd September 20152015/247
Paragraphs 9 to 111st April 20152015/77
Paragraph 12(1) and (4)1st April 20152015/77
Paragraph 12(2) and (3)1st January 20162015/378
Paragraph 131st January 20162015/378
Paragraph 14(1) to (3)22nd September 20152015/247
Paragraph 14(4)1st January 20162015/378
Paragraph 1522nd September 20152015/247
Paragraph 161st April 20152015/77
Paragraph 1719th October 20152015/336
Paragraph 181st April 20152015/77
Paragraph 1922nd September 20152015/247
Paragraphs 24 and 2522nd September 20152015/247
Paragraph 261st April 20152015/77
Paragraphs 28 to 311st April 20152015/77
Paragraph 32(1), (2) and (4)22nd September 20152015/247
Paragraph 32(3)1st January 20162015/378
Paragraph 3322nd September 20152015/247
Paragraph 341st April 20152015/77
Paragraphs 36 to 381st April 20152015/77
Paragraphs 42 to 451st April 20152015/77

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URL: http://www.bailii.org/scot/legis/num_reg/2016/ssi_201613_en_1.html