
1 

(1) This Order may be cited as the Courts Reform (Scotland) Act 2014 (Commencement No. 2, Transitional and Saving Provisions) Order 2015.
(2) This article and article 2(1) come into force on 12th March 2015.
(3) The remaining provisions of this Order come into force on 1st April 2015.
(4) In this Order, “the Act” means the Courts Reform (Scotland) Act 2014.
2 

(1) The day appointed for the coming into force of section 23(5) of the Act (power of Court of Session to make rules about procedure at tribunal constituted under section 21) is 12th March 2015.
(2) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act 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 2015.
(3) 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.
3 

(1) Paragraphs (2) to (4) apply until the day on which section 16(12) of the Act (salaries and remuneration payable by SCTS) comes into force.
(2) Salaries under section 16(1) of the Act and remuneration under section 16(3) of the Act are to be paid by the Scottish Ministers.
(3) Remuneration under section 16(5), (9) and (11) of the Act is to be paid by the Scottish Courts and Tribunals Service.
(4) Sums required by the Scottish Ministers for the payment of a salary or remuneration under paragraph (2) are charged on the Scottish Consolidated Fund.
4 
Judicial conduct occurring before 1st April 2015 may be taken into account in any proceedings under section 21 of the Act (tribunal to consider fitness for office).
5 

(1) Section 51(1) of the Act (re-employment of former Appeal Sheriffs) has effect as if the reference in it to a qualifying former Appeal Sheriff included a reference to a qualifying former sheriff principal.
(2) For that purpose, a “qualifying former sheriff principal” is an individual who—
(a) prior to the commencement of section 49(1) of the Act—
(i) held office as a sheriff principal; and
(ii) ceased to hold that office other than by virtue of an order under section 12E of the Sheriff Courts (Scotland) Act 1971 (removal from office); and
(b) has not reached the age of 75.
6 
Despite the repeal of section 54 of the Sheriff Courts (Scotland) Act 1876 (courts to make acts of sederunt) by paragraph 3 of schedule 5 to the Act—
(a) any act of sederunt made under that section shall continue to have effect on or after 1st April 2015 as it had effect immediately before that date; and
(b) that section shall continue to have effect for the purpose of enabling the revocation of any act of sederunt made under it.
7 

(1) Despite the coming into force of paragraphs 4(f), 6(2), 26, 28 and 30(3) of schedule 5 to the Act (which repeal the enactments specified in paragraph (2)), any subordinate legislation made under an enactment specified in paragraph (2) continues to have effect.
(2) The enactments are—
(a) section 2 of the Court of Law Fees (Scotland) Act 1895 (power of Scottish Ministers to regulate court fees);
(b) section 6 of the Execution of Diligence (Scotland) Act 1926 (regulations, forms and fees);
(c) section 40 of the Sheriff Courts (Scotland) Act 1907 (Court of Session to regulate fees etc.);
(d) in the Sheriff Courts (Scotland) Act 1971—
(i) section 32 (power of Court of Session to regulate civil procedure in sheriff court);
(ii) section 32A (rules for lay representation); and
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) in the Court of Session Act 1988—
(i) section 5 (power to regulate procedure etc. by act of sederunt);
(ii) section 5A (rules for lay representation); and
(iii) section 6 (allocation of business etc. by act of sederunt).
(3) In paragraph (2), a reference to an enactment includes a reference to that enactment as extended, applied or modified by any other enactment.
PAUL WHEELHOUSE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
24th February 2015
SCHEDULE
Article 2


Column 1Provisions of the Act Column 2Subject Matter Column 3Purpose
Sections 1 and 2 Sheriffdoms, sheriff court districts and sheriff courts 
Sections 3 and 4 Sheriffs principal and sheriffs 
Section 5 Summary sheriffs For the purpose of making appointments
Sections 6 to 9 Judiciary of the sheriffdoms 
Section 10 Part-time summary sheriffs For the purpose of making appointments
Sections 11 to 15 Judiciary of the sheriffdoms 
Section 16(1) to (11) Remuneration 
Sections 17 to 22 Judiciary of the sheriffdoms 
Section 23 Further provision about tribunals constituted under section 21 For all remaining purposes
Sections 24 and 25 Tribunal report and removal from office 
Sections 27 to 37 Organisation of business 
Section 38 Jurisdiction and competence of sheriffs 
Section 39 Power to make act of sederunt for determining the value of an order etc. For the purpose of making provision by act of sederunt
Sections 40 to 43 Jurisdiction and competence of sheriffs 
Section 46 The Sheriff Appeal Court For the purpose of enabling appointments under sections 49 to 51, 53, 54, 59 and 60
Sections 49 to 53 Sheriff Appeal Court – appointments etc. 
Section 54 to 56 President and Vice President of the Sheriff Appeal Court etc. 
Section 57(3) to (5) Power to prescribe sittings of the Sheriff Appeal Court 
Sections 59 to 61 Clerk and Deputy Clerks of the Sheriff Appeal Court 
Section 62 Records of the Sheriff Appeal Court 
Section 72 Power to make provision by act of sederunt in relation to simple procedure For the purpose of making provision by act of sederunt
Section 75 Rule-making: matters to be taken into consideration 
Section 76 Rules relating to service of documents 
Section 81 Expenses in simple procedure cases For the purpose of enabling an order to be made
Section 86 Power to enable sheriff to make orders having effect outside sheriffdom For the purpose of enabling an order to be made by the Scottish Ministers
Section 87 Power of sheriff to order sheriff clerk to execute deed relating to heritage 
Section 88 Interim orders 
Section 90 Interim orders 
Section 91 Warrants for ejection 
Section 98 Power to make supplementary provision about lay representation for non-natural persons 
Section 102 Power to make orders in relation to vexatious behaviour For the purpose of enabling regulations to be made
Sections 103 to 107 Procedure and fees 
Section 115 Appeals: granting of leave or permission and assessment of grounds of appeal 
Section 119 Appeals from the Sheriff Appeal Court to the High Court For the purpose of enabling the making of an act of adjournal in reliance upon inserted section 194ZF(1)(c)(ii) of the Criminal Procedure (Scotland) Act 1995
Section 123 Appointment of Court of Session Judges etc. 
Section 125 Judges of the Court of Session - expenses 
Section 127 Establishing, relocating and disestablishing justice of the peace courts 
Section 130 The Scottish Courts and Tribunal Service For all remaining purposes
Section 131 Assistants to the Judicial Appointments Board for Scotland 
Section 132 Modification of enactments For the purpose of bringing into force the provisions of schedule 5 listed in column 1 below
Section 134(2) References to “sheriff” 
Schedule 2 Appeal Sheriffs: temporary provision For the purpose of enabling appointments to be made under paragraph 2(1) of schedule 2
Schedule 4 The Scottish Courts and Tribunals Service For all remaining purposes
The following provisions of schedule 5— Modifications of enactments 
Paragraphs 1 to 3 Sheriff courts 
Paragraph 4(a) Repeal of sections 4 to 7 of the Sheriff Courts (Scotland) Act 1907 For the purpose of repealing sections 4 to 6 of the Sheriff Courts (Scotland) Act 1907
Paragraph 4(b) and (c) Repeal of sections 10, 11 and 14 of the Sheriff Courts (Scotland) Act 1907 
Paragraph 4(f) Repeal of sections 39 and 40 of the Sheriff Courts (Scotland) Act 1907 For the purpose of repealing section 40 of the Sheriff Courts (Scotland) Act 1907
Paragraph 5 Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927 
Paragraph 6(1) and (2) Repeal of the Sheriff Courts (Scotland) Act 1971, other than sections 2(3) and 3(4) For the purpose of repealing the whole of the Sheriff Courts (Scotland) Act 1971, with the exception of—

(a) section 31 (privative jurisdiction);
(b) section 35 (summary causes);
(c) section 36(2) and (3) (procedure in summary causes);
(d) sections 36A and 36B (small claims);
(e) section 37 (remits);
(f) section 38 (appeal in summary causes);
(g) section 45 (interpretation).
Paragraph 7 Amendment of the Civil Jurisdiction and Judgments Act 1982 
Paragraph 9 Amendment of the Judiciary and Courts (Scotland) Act 2008 
Paragraph 10 Amendment of the Sheriff Courts and Legal Officers (Scotland) Act 1927 
Paragraph 11 Amendment of the Public Records (Scotland) Act 1937 
Paragraph 12(1) and (4) Amendment of the Administration of Justice (Scotland) Act 1972 
Paragraph 16 Amendment of the Judiciary and Courts (Scotland) Act 2008 
Paragraph 18 Amendment of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 
Paragraph 26 Repeal of section 2 of the Court of Law Fees (Scotland) Act 1895 
Paragraphs 28 to 31 Regulation of procedure and fees 
Paragraph 34 Amendment of the Promissory Oaths Act 1868 
Paragraphs 36 to 38 Judges of the Court of Session 
Paragraphs 42 to 45 Miscellaneous 


