
1 

(1) This Order may be cited as the Judiciary and Courts (Scotland) Act 2008 (Commencement No. 4, Transitional Provisions and Savings) Order 2010.
(2) In this Order—
(a) “the Act” means the Judiciary and Courts (Scotland) Act 2008;
(b) “the 1971 Act” means the Sheriff Courts (Scotland) Act 1971; and
(c) references to sections, chapters, parts, paragraphs and schedules are, unless otherwise stated, references to sections, chapters and parts of, and paragraphs of schedules and schedules to, the Act.
2 
The days appointed for the coming into force of the provisions of the Act are—
(a) 20th February 2010 for section 37(5) and section 40 insofar as it inserts section 12(C)(5) into the Sheriff Courts (Scotland) Act 1971; and
(b) 1st April 2010 for the provisions of the Act specified in the Schedule to this Order.
3 
Despite the coming into force of sections 35-40 and paragraphs 2(1) and (3) and 3 of schedule 5, any proceedings for removal from judicial or shrieval office which have been commenced before 1st April 2010 shall continue to be governed by the law in force immediately before that date.
4 
Judicial conduct occurring before 1st April 2010 may be taken into account in any proceedings under Chapters 4 and 5 of Part 2.
5 
Despite the coming into force of sections 41 and 42, subordinate legislation made by Scottish Ministers under sections 69(1) and 71(7) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 shall continue to have effect on or after 1st April 2010 as it had effect immediately before that date until such time as the Lord President of the Court of Session and the Court of Session respectively exercise their powers to make subordinate legislation under those sections and such subordinate legislation comes into force.
6 
Despite the coming into force of section 48, any direction given by Scottish Ministers under section 9 of the 1971 Act before 1st April 2010 shall continue to have effect until its expiry or until the Lord President gives a direction under section 2(3) covering that subject matter.
7 
Despite the coming into force of section 53 any authorisation or direction given by Scottish Ministers under section 10 of the 1971 Act before 1st April 2010 shall continue to have effect until its expiry or until revoked by the Lord President of the Court of Session.
8 
Despite the coming into force of section 55, any requirement imposed or direction given by Scottish Ministers respectively under subsections (2) and (3) of section 14 of the 1971 Act shall continue to have effect until revoked by the Lord President of the Court of Session.
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
9th February 2010
SCHEDULE
Article 2(b)


Column 1Provisions of the Act Column 2Subject matter
Section 2 in so far as not already in force Head of the Scottish Justiciary
 
Section 3 Delegation of functions
 
Sections 28 and 29 Judicial conduct
 
Sections 30 to 33 Judicial complaints reviewer
 
Section 34 Suspension
 
Sections 35 and 36 Removal from office
 
Section 37 in so far as not already in force 
 
Sections 38 and 39 
 
Section 40 in so far as not already in force 
 
Section 41 
 
Section 42 Training and appraisal of justices of the peace
 
Section 43 Meaning of “judicial office holder”
 
Sections 47 to 56 Sheriff courts
 
Sections 57 to 58 Justice of the peace courts
 
Section 60(2) in so far as not already in force, except in relation to paragraph 1 of schedule 3 The Scottish Court Service
 
Sections 61 to 64 Functions of the Scottish Court Service
 
Section 65 Provision of advice, etc to the Scottish Ministers
 
Section 67 Annual report
 
Sections 68 to 70 Ministerial powers
 
Section 73 in so far as not already in force Consequential repeal
 
Schedule 3, paragraphs 15, 16, 17 and 19 The Scottish Court Service
 
Schedule 4 Appointment etc of office holders: Consequential amendments
 
Schedule 5 in so far as not already in force Consequential amendments and repeals