
1 
This Order may be cited as the Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 and comes into force on 28th November 2016.
2 
In section 107(3) of the Courts Reform (Scotland) Act 2014 (power to provide for fees for SCTS, court clerks and other officers), after paragraph (c) in the definition of “relevant officer”, insert—“
(ca) the auditor of the Sheriff Appeal Court,”.
3 
Schedules 1 to 4 have effect.
4 

(1) The modifications in schedule 1, other than paragraph 8, do not apply to a small claim within the meaning of section 35(2) of the Sheriff Courts (Scotland) Act 1971.
(2) The modifications in schedule 3 do not apply to appeals heard—
(a) by the High Court of Justiciary, by virtue of article 6 or 7 of the Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015 (transitional provisions relating to certain criminal appeals); or
(b) by a sheriff principal or by the Court of Session, by virtue of article 3 or 4 of the Courts Reform (Scotland) Act 2014 (Commencement No. 5, Transitional and Saving Provisions) Order 2015 (transitional provisions relating to civil appeals).
ANNABELLE EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
22nd November 2016
SCHEDULE 1
Article 3
PART 1
1 
The following provisions of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 are repealed—
(a) section 17 (power of sheriff to order sheriff clerk to execute deeds relating to heritage);
(b) section 18 (small claims);
(c) section 20 (removal of prohibition of sheriffs principal and sheriffs accepting appointment to certain offices);
(d) in schedule 2 (amendment of enactments), paragraph 12; and
(e) in schedule 4 (repeals), the entry relating to section 6(1)(b) of the Sheriff Courts (Scotland) Act 1971.
2 

(1) The Debtors (Scotland) Act 1987 is amended as follows.
(2) In section 15A(3) (diligence on the dependence of action), for paragraph (b) substitute—“
(b) a simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014); and”.
(3) In section 103(1) (appeals), after “and section 38 of the Sheriff Courts (Scotland) Act 1971 (appeal in summary causes)” insert, “and section 82 of the Courts Reform (Scotland) Act 2014 (appeals from simple procedure cases)”.
3 

(1) The Debt Arrangement and Attachment (Scotland) Act 2002 is amended as follows.
(2) In section 9A(4) (interim attachment), in the definition of “action”, for paragraph (b) substitute—“
(b) a simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014); and”.
(3) Section 43 (power to provide for lay representation) is repealed.
PART 2
4 
The Small Claims (Scotland) Order 1988 is revoked.
5 
The Legal Aid (Scotland) Act 1986 Amendment Regulations 1988 are revoked.
6 
In the schedule of the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (functions transferred from the Lord Advocate to the Secretary of State), omit the entry relating to the Sheriff Courts (Scotland) Act 1971.
7 
The Small Claims (Scotland) Amendment Order 2007 is revoked.
8 

(1) In article 6 of the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 (transitory provision: summary cause proceedings)—
(a) omit paragraph (1); and
(b) in each of paragraphs (2) and (3), for “were” in each place where it occurs substitute “includes”.
(2) In the Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015—
(a) in article 10 (proceedings in an all-Scotland sheriff court: transfer to summary cause procedure)—
(i) omit paragraph (1);
(ii) in paragraph (2), for “were” substitute “include”; and
(iii) in paragraph (3), for “were” substitute “includes”;
(b) in article 11 (remit of cases other than summary causes to the Court of Session)—
(i) omit paragraph (1); and
(ii) in paragraph (2), for “were” substitute “include”; and
(c) in article 12 (summary sheriff to have competence in relation to summary causes)—
(i) omit paragraph (1); and
(ii) in paragraph (2), for “were” substitute “includes”.
SCHEDULE 2
Article 3
PART 1
1 
Section 19 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (vexatious litigants) is repealed.
2 
In section 256A(4)(c) of the Trade Union and Labour Relations (Consolidation) Act 1992 (vexatious litigants), at the end, insert “or a vexatious litigation order made under section 100 of the Courts Reform (Scotland) Act 2014”.
PART 2
3 
In rule 102 of the Employment Tribunals Rules of Procedure 2013 (vexatious litigants), after “Vexatious Actions (Scotland) Act 1898” insert “, section 100 of the Courts Reform (Scotland) Act 2014”.
SCHEDULE 3
Article 3
PART 1
1 

(1) The Legal Aid (Scotland) Act 1986 is amended as follows.
(2) In section 28D (availability of children’s legal aid: child)—
(a) in subsection (1), for “sheriff principal” substitute “Sheriff Appeal Court”; and
(b) in subsection (4) , for “sheriff principal” substitute “Sheriff Appeal Court”.
(3) In section 28E (availability of children’s legal aid: relevant person)—
(a) in subsection (1)(b), for “sheriff principal” substitute “Sheriff Appeal Court”; and
(b) in subsection (4), for “sheriff principal” substitute “Sheriff Appeal Court”.
(4) In section 28F(1) (availability of children’s legal aid: appeals relating to deemed relevant person)—
(a) in paragraph (d), for “sheriff principal” substitute “Sheriff Appeal Court”; and
(b) in paragraph (e)—
(i) for “sheriff principal” substitute “Sheriff Appeal Court”; and
(ii) for “sheriff principal’s” substitute “Sheriff Appeal Court’s”.
(5) In section 28LA (power of Scottish Ministers to provide for children’s legal aid to be available to other persons in relation to court proceedings)—
(a) in subsection (3)(d), for “sheriff principal” substitute “Sheriff Appeal Court”; and
(b) in subsection (5)(c), for “sheriff principal” substitute “Sheriff Appeal Court”.
2 
In section 30(5)(c) of the Proceeds of Crime (Scotland) Act 1995 (restraint orders in relation to forfeitable property), after “, as the case may be,” insert “the Sheriff Appeal Court or”.
3 
In section 92(13) of the Proceeds of Crime Act 2002 (making of confiscation order), after “High Court of Justiciary” insert “, the Sheriff Appeal Court”.
4 
In section 72(6) of the Antisocial Behaviour etc. (Scotland) Act 2004 (appeals against orders under section 71), for “sheriff principal” substitute “Sheriff Appeal Court”.
5 
In section 18(2) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (tobacco retailing banning orders etc.: notification to Scottish Ministers), for “sheriff principal” substitute “Clerk of the Sheriff Appeal Court”.
6 
In the schedule of the Public Records (Scotland) Act 2011 (authorities to which Part 1 applies), under the heading “Others”, after the entry relating to the Sheriff courts insert—“Sheriff Appeal Court”.
7 

(1) The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 is amended as follows.
(2) In section 4 (power to make forced marriage protection orders without application, etc.)—
(a) in subsection (2)—
(i) in paragraph (a), after “sheriff” insert “, the Sheriff Appeal Court”; and
(ii) in paragraph (b), after “sheriff” insert “, the Sheriff Appeal Court”; and
(b) in subsection (3), after “sheriff” insert “, the Sheriff Appeal Court”.
(3) In section 14 (interpretation of Part), in the definition of “court”, at the end insert “and in sections 1, 2, 4 and 5 includes the Sheriff Appeal Court”.
PART 2
8 
In regulation 2(b) of the Antisocial Behaviour Notice (Appeals against Order as to Rent Payable) (Scotland) Regulations 2005, for “sheriff principal” substitute “Sheriff Appeal Court”.
9 

(1) The Children’s Legal Assistance (Scotland) Regulations 2013 are amended as follows.
(2) In regulation 5(1) (children’s legal aid: individual), after “, sheriff principal or in” insert “the Sheriff Appeal Court or”.
(3) In regulation 6(2) (distinct proceedings)—
(a) in sub-paragraph (j) for “sheriff principal” substitute “Sheriff Appeal Court”;
(b) in sub-paragraph (k) for “sheriff principal” substitute “Sheriff Appeal Court”;
(c) in sub-paragraph (l) for “sheriff principal” substitute “Sheriff Appeal Court”;
(d) in sub-paragraph (m) for “sheriff principal” substitute “Sheriff Appeal Court”;
(e) in sub-paragraph (n) for “sheriff principal” substitute “Sheriff Appeal Court”;
(f) in sub-paragraph (o) for “sheriff principal” substitute “Sheriff Appeal Court”; and
(g) in sub-paragraph (q) for “sheriff principal” substitute “Sheriff Appeal Court”.
SCHEDULE 4
Article 3
PART 1
1 
In section 1(4) of the Scottish Land Court Act 1993 (the Land Court), the words “appointed under section 11” and “appointed under section 11A (appointment of part-time sheriffs) of the Sheriff Courts (Scotland) Act 1971” are repealed.
2 
Section 50 of the Local Government etc. (Scotland) Act 1994 (stipendiary magistrates) is repealed.
3 
In section 20(1)(e) of the Police and Fire Reform (Scotland) Act 2012 (constables: general duties), for “sheriff, justice of the peace or stipendiary magistrate” substitute “sheriff, summary sheriff or justice of the peace”.
PART 2
4 

(1) The Justices of the Peace (Scotland) Order 2007 is amended as follows.
(2) In article 5(3) (appointments to JPAC), after “sheriff” in the second and third places where it occurs insert “or summary sheriff”.
(3) In article 7 (appointments to JPAC – procedure)—
(a) in paragraph (1)(a), after “sheriff” insert “or summary sheriff”; and
(b) in paragraph (2), after “sheriff” insert “or summary sheriff”.