Courts Reform (Scotland) Act 2014
Courts Reform (Scotland) Act 2014 (2014 asp 18)
- Courts Reform (Scotland) Act 2014 (2014 asp 18)
- PART 1 SHERIFF COURTS
- CHAPTER 1 SHERIFFDOMS, SHERIFF COURT DISTRICTS AND SHERIFF COURTS
- 1 Sheriffdoms, sheriff court districts and sheriff courts
- 2 Power to alter sheriffdoms, sheriff court districts and sheriff courts
- CHAPTER 2 JUDICIARY OF THE SHERIFFDOMS
- Permanent and full-time judiciary
- 3 Sheriffs principal
- 4 Sheriffs
- 5 Summary sheriffs
- Temporary and part-time judiciary
- 6 Temporary sheriff principal
- 7 Temporary sheriff principal: further provision
- 8 Part-time sheriffs
- 9 Reappointment of part-time sheriffs
- 10 Part-time summary sheriffs
- 11 Reappointment of part-time summary sheriffs
- Re-employment of former holders of certain judicial offices
- 12 Re-employment of former judicial office holders
- 13 Re-employment of former judicial office holders: further provision
- Qualification and disqualification
- 14 Qualification for appointment
- 15 Disqualification from practice, etc.
- Remuneration and expenses
- 16 Remuneration
- 17 Expenses
- Leave of absence
- 18 Leave of absence
- Residence
- 19 Place of residence
- Cessation of appointment
- 20 Cessation of appointment of judicial officers
- Fitness for office
- 21 Tribunal to consider fitness for office
- 22 Tribunal investigations: suspension from office
- 23 Further provision about tribunals
- 24 Tribunal report
- 25 Removal from office
- Honorary sheriffs
- 26 Abolition of the office of honorary sheriff
- CHAPTER 3 ORGANISATION OF BUSINESS
- Sheriff principal's general responsibilities
- 27 Sheriff principal's responsibility for efficient disposal of business in sheriff courts
- 28 Sheriff principal's power to fix sittings of sheriff courts
- 29 Lord President's power to exercise functions under sections 27 and 28
- Deployment of judiciary
- 30 Power to authorise a sheriff principal to act in another sheriffdom
- 31 Power to direct a sheriff or summary sheriff to act in another sheriffdom
- 32 Power to re-allocate sheriffs principal, sheriffs and summary sheriffs between sheriffdoms
- 33 Allocation of sheriffs and summary sheriffs to sheriff court districts
- Judicial specialisation
- 34 Determination of categories of case for purposes of judicial specialisation
- 35 Designation of specialist judiciary
- 36 Allocation of business to specialist judiciary
- 37 Saving for existing powers to provide for judicial specialisation
- CHAPTER 4 COMPETENCE AND JURISDICTION
- Sheriffs: civil competence and jurisdiction
- 38 Jurisdiction and competence of sheriffs
- 39 Exclusive competence
- 40 Territorial jurisdiction
- 41 Power to confer all-Scotland jurisdiction for specified cases
- 42 All-Scotland jurisdiction: further provision
- 43 Jurisdiction over persons, etc.
- Summary sheriffs: civil and criminal competence and jurisdiction
- 44 Summary sheriff: civil competence and jurisdiction
- 45 Summary sheriff: criminal competence and jurisdiction
- PART 2 THE SHERIFF APPEAL COURT
- CHAPTER 1 ESTABLISHMENT AND ROLE
- 46 The Sheriff Appeal Court
- 47 Jurisdiction and competence
- 48 Status of decisions of the Sheriff Appeal Court in precedent
- CHAPTER 2 APPEAL SHERIFFS
- 49 Sheriffs principal to be Appeal Sheriffs
- 50 Appointment of sheriffs as Appeal Sheriffs
- 51 Re-employment of former Appeal Sheriffs
- 52 Expenses
- 53 Temporary provision
- CHAPTER 3 ORGANISATION OF BUSINESS
- President and Vice President
- 54 President and Vice President of the Sheriff Appeal Court
- 55 President and Vice President: incapacity and suspension
- Disposal of business
- 56 President's responsibility for efficient disposal of business
- Sittings
- 57 Sittings of the Sheriff Appeal Court
- 58 Rehearing of pending case by a larger Court
- CHAPTER 4 ADMINISTRATION
- Clerks
- 59 Clerk of the Sheriff Appeal Court
- 60 Deputy Clerks of the Sheriff Appeal Court
- 61 Clerk and Deputy Clerks: further provision
- Records
- 62 Records of the Sheriff Appeal Court
- PART 3 CIVIL PROCEDURE
- CHAPTER 1 SHERIFF COURT
- Civil jury trials
- 63 Civil jury trials in an all-Scotland sheriff court
- 64 Selection of the jury
- 65 Application to allow the jury to view property
- 66 Discharge or death of juror during trial
- 67 Trial to proceed despite objection to opinion and direction of the sheriff
- 68 Return of verdict
- 69 Application for new trial
- 70 Restrictions on granting a new trial
- 71 Verdict subject to opinion of the Sheriff Appeal Court
- Simple procedure
- 72 Simple procedure
- 73 Proceedings in an all-Scotland sheriff court
- 74 Proceedings for aliment of small amounts under simple procedure
- 75 Rule-making: matters to be taken into consideration
- 76 Service of documents
- 77 Evidence in simple procedure cases
- 78 Transfer of cases to simple procedure
- 79 Proceedings in an all-Scotland sheriff court: transfer to simple procedure
- 80 Transfer of cases from simple procedure
- 81 Expenses in simple procedure cases
- 82 Appeals from simple procedure cases
- 83 Transitional provision: summary causes
- Interdicts and other orders: effect outside sheriffdom
- 84 Interdicts having effect in more than one sheriffdom
- 85 Proceedings for breach of an extended interdict
- 86 Power to enable sheriff to make orders having effect outside sheriffdom
- Execution of deeds relating to heritage
- 87 Power of sheriff to order sheriff clerk to execute deed relating to heritage
- Interim orders
- 88 Interim orders
- CHAPTER 2 COURT OF SESSION
- 89 Judicial review
- 90 Interim orders
- 91 Warrants for ejection
- CHAPTER 3 REMIT OF CASES BETWEEN COURTS
- 92 Remit of cases to the Court of Session
- 93 Remit of cases from the Court of Session
- 94 Remit of cases to the Scottish Land Court
- CHAPTER 4 LAY REPRESENTATION FOR NON-NATURAL PERSONS
- 95 Key defined terms
- 96 Lay representation in simple procedure cases
- 97 Lay representation in other proceedings
- 98 Lay representation: supplementary provision
- CHAPTER 5 JURY SERVICE
- 99 Jury service
- CHAPTER 6 VEXATIOUS PROCEEDINGS
- 100 Vexatious litigation orders
- 101 Vexatious litigation orders: further provision
- 102 Power to make orders in relation to vexatious behaviour
- PART 4 PROCEDURE AND FEES
- Procedure
- 103 Power to regulate procedure etc. in the Court of Session
- 104 Power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court
- Fees of solicitors etc.
- 105 Power to regulate fees in the Court of Session
- 106 Power to regulate fees in the sheriff court and the Sheriff Appeal Court
- Court fees
- 107 Power to provide for fees for SCTS, court clerks and other officers
- Sanction for counsel
- 108 Sanction for counsel in the sheriff court and Sheriff Appeal Court
- PART 5 CIVIL APPEALS
- Appeals to the Sheriff Appeal Court
- 109 Abolition of appeal from a sheriff to the sheriff principal
- 110 Appeal from a sheriff to the Sheriff Appeal Court
- 111 Sheriff Appeal Court's powers of disposal in appeals
- 112 Remit of appeal from the Sheriff Appeal Court to the Court of Session
- Appeals to the Court of Session
- 113 Appeal from the Sheriff Appeal Court to the Court of Session
- 114 Appeal from the sheriff principal to the Court of Session
- 115 Appeals: granting of leave or permission and assessment of grounds of appeal
- Effect of appeal
- 116 Effect of appeal
- Appeals to the Supreme Court
- 117 Appeals to the Supreme Court
- PART 6 CRIMINAL APPEALS
- Appeals from summary criminal proceedings
- 118 Appeals to the Sheriff Appeal Court from summary criminal proceedings
- 119 Appeals from the Sheriff Appeal Court to the High Court
- 120 Power to refer points of law for the opinion of the High Court
- 121 References by the Scottish Criminal Cases Review Commission
- Bail appeals
- 122 Bail appeals
- PART 7 JUDGES OF THE COURT OF SESSION
- 123 Appointment of Court of Session judges, etc.
- 124 Payment of salaries and allowances of Court of Session judges
- 125 Expenses
- PART 8 SCOTTISH LAND COURT
- 126 Scottish Land Court: remuneration and expenses
- PART 9 JUSTICE OF THE PEACE COURTS
- 127 Establishing, relocating and disestablishing justice of the peace courts
- 128 Abolition of the office of stipendiary magistrate
- 129 Summary sheriffs to sit in justice of the peace courts
- PART 10 THE SCOTTISH COURTS AND TRIBUNALS SERVICE
- 130 The Scottish Courts and Tribunals Service
- PART 11 THE JUDICIAL APPOINTMENTS BOARD FOR SCOTLAND
- 131 Assistants to the Judicial Appointments Board for Scotland
- PART 12 GENERAL
- 132 Modifications of enactments
- 133 Subordinate legislation
- 134 References to “sheriff”
- 135 Definition of “family proceedings”
- 136 Interpretation
- 137 Ancillary provision
- 138 Commencement
- 139 Short title
- SCHEDULE 1 CIVIL PROCEEDINGS, ETC. IN RELATION TO WHICH SUMMARY SHERIFF HAS COMPETENCE
- Family proceedings
- Domestic abuse proceedings
- Adoption proceedings
- Children's hearings proceedings
- Proceedings relating to children under the age of criminal responsibility
- Forced marriage proceedings
- Warrants and interim orders
- Diligence proceedings
- Extension of time to pay debts
- Simple procedure
- SCHEDULE 2 APPEAL SHERIFFS: TEMPORARY PROVISION
- The transitional period
- Appointment of Senators of the College of Justice to act as Appeal Sheriffs
- Tenure
- Savings
- SCHEDULE 3 TRANSFER OF SUMMARY CRIMINAL APPEAL JURISDICTION TO THE SHERIFF APPEAL COURT
- SCHEDULE 4 THE SCOTTISH COURTS AND TRIBUNALS SERVICE
- PART 1 CONFERRAL OF ADDITIONAL FUNCTIONS ETC. IN RELATION TO TRIBUNALS
- Modification of the Judiciary and Courts (Scotland) Act 2008
- PART 2 TRANSITIONAL PROVISION
- Transfer of staff
- Existing tribunals
- PART 3 CONSEQUENTIAL REPEALS, ETC.
- Lands Tribunal Act 1949
- Mental Health (Care and Treatment) (Scotland) Act 2003
- Education (Additional Support for Learning) (Scotland) Act 2004
- Charities and Trustee Investment (Scotland) Act 2005
- Tribunals (Scotland) Act 2014
- Revenue Scotland and Tax Powers Act 2014
- SCHEDULE 5 MODIFICATIONS OF ENACTMENTS
- PART 1 SHERIFF COURTS
- Promissory Oaths Act 1868
- Promissory Oaths Act 1871
- Sheriff Courts (Scotland) Act 1876
- Sheriff Courts (Scotland) Act 1907
- Sheriff Courts and Legal Officers (Scotland) Act 1927
- Sheriff Courts (Scotland) Act 1971
- Civil Jurisdiction and Judgments Act 1982
- Judicial Pensions and Retirement Act 1993
- Judiciary and Courts (Scotland) Act 2008
- PART 2 SHERIFF APPEAL COURT
- Sheriff Courts and Legal Officers (Scotland) Act 1927
- Public Records (Scotland) Act 1937
- Administration of Justice (Scotland) Act 1972
- Civil Jurisdiction and Judgments Act 1982
- Legal Aid (Scotland) Act 1986
- Criminal Procedure (Scotland) Act 1995
- Judiciary and Courts (Scotland) Act 2008
- Criminal Justice and Licensing (Scotland) Act 2010
- Scottish Civil Justice Council and Criminal Legal Assistance Act 2013
- PART 3 CIVIL JURY TRIALS
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
- PART 4 SIMPLE PROCEDURE
- Heritable Securities (Scotland) Act 1894
- Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963
- Conveyancing and Feudal Reform (Scotland) Act 1970
- Legal Aid (Scotland) Act 1986
- PART 5 JUDICIAL REVIEW
- Tribunals (Scotland) Act 2014
- PART 6 REMIT OF CASES BETWEEN COURTS
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
- PART 7 REGULATION OF PROCEDURE AND FEES
- Courts of Law Fees (Scotland) Act 1895
- Vexatious Actions (Scotland) Act 1898
- Execution of Diligence (Scotland) Act 1926
- Administration of Justice (Scotland) Act 1972
- Court of Session Act 1988
- Scottish Civil Justice Council and Criminal Legal Assistance Act 2013
- PART 8 CIVIL APPEALS
- Court of Session Act 1988
- Constitutional Reform Act 2005
- PART 9 JUDGES OF THE COURT OF SESSION
- Promissory Oaths Act 1868
- Administration of Justice Act 1973
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
- Judiciary and Courts (Scotland) Act 2008
- PART 10 JUSTICE OF THE PEACE COURTS
- Criminal Procedure (Scotland) Act 1995
- Criminal Proceedings etc. (Reform) (Scotland) Act 2007
- Judiciary and Courts (Scotland) Act 2008
- PART 11 MISCELLANEOUS
- Judicial Offices (Salaries, &c.) Act 1952
- Court of Session Act 1988
- Criminal Procedure (Scotland) Act 1995
- Interpretation and Legislative Reform (Scotland) Act 2010
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