
1 

(1) This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Consequential Modifications) Order 2009.
(2) References to “the Act” mean the Judiciary and Courts (Scotland) Act 2008.
(3) Article 2 comes into force on the day that section 27 of the Act comes into force.
(4) Article 3(1) comes into force on the day that section 40 of and paragraph 2 of Schedule 5 to the Act come into force.
(5) Article 3(2) comes into force on the day that section 61 of the Act comes into force.
(6) Article 4 comes into force on 1st October 2009.
2 
In section 2 of the Promissory Oaths Act 1871 (persons before whom oaths to be taken) in the third paragraph (relating to Scotland) after the words “acts as justice” insert “or sheriff, or, for a part-time sheriff, in open court before any sheriff principal”.
3 

(1) In section 11B(4) of the Sheriff Courts (Scotland) Act 1971 (limitation, termination etc of appointment of part-time sheriffs), for “section 11C” substitute “section 12E”.
(2) In section 19 for the words from “The Secretary of State” to “Treasury” substitute “The Scottish Court Service may pay to any sheriff principal such allowances as it”.
4 
In Part 2 of Schedule 4 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (excepted offices and employments), after paragraph 27 insert—“
29. 
Members mentioned in section 35(4)(c) of the Judiciary and Courts (Scotland) Act 2008 of a tribunal constituted under section 35(1) of that Act to consider the fitness for judicial office of a person holding a judicial office mentioned in section 35(2) of that Act.
30. 
Members mentioned in section 12A(4)(d) of the Sheriff Court (Scotland) Act 1971 of a tribunal constituted under section 12A(1) of that Act to consider the fitness for shrieval office of a person holding a shrieval office mentioned in section 12A(2) of that Act.
31. 
Lay members of the Judicial Appointments Board for Scotland appointed by the Scottish Ministers under paragraph 2 of schedule 1 to the Judiciary and Courts (Scotland) Act 2008.
32. 
Non-judicial members of the Scottish Court Service mentioned in paragraph 2(3)(d) of schedule 3 to the Judiciary and Courts (Scotland) Act 2008.”.
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
28th September 2009