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SCHEDULE 4 Appointment etc. of office holders: consequential amendments

(introduced by section 63(4))

The Administration of Justice (Scotland) Act 1933 (c. 41)

1 (1) The Administration of Justice (Scotland) Act 1933 is amended as follows.

(2) In section 23(1) (appointment of clerks in the Court of Justiciary), for “Scottish Ministers and shall be exercised after consultation with the Lord Justice General” substitute “Scottish Court Service”.

(3) In section 24 (appointment of officers of the Court of Session)—

(a) in subsection (1)—

(i) for “Scottish Ministers shall, after consultation with the Lord President,”, substitute “Scottish Court Service shall”, and

(ii) for “they” substitute “it”, and

(b) in subsection (7)—

(i) for “Scottish Ministers”, in both places those words appear, substitute “Scottish Court Service”, and

(ii) for “them”, substitute “it”.

(4) For section 25 substitute—

“25 Appointment of Principal Clerk of Justiciary etc.

(1) The right of appointing to the offices of Principal Clerk of Justiciary and Accountant of Court shall be vested in the Scottish Court Service.

(2) The right of appointing to the office of Auditor of the Court of Session shall be vested in the Scottish Ministers.”.

(5) In section 27 (remuneration of officers of High Court of Justiciary and Court of Session)—

(a) after subsection (1) insert—

“(1A) The remuneration of the persons appointed to any office in pursuance of the powers vested in the Scottish Court Service by this Part of this Act, shall be of such amounts as the Scottish Court Service may determine.”, and

(b) in subsection (2)—

(i) the words “(other than the office of Auditor of the Court of Session)” are repealed, and

(ii) for “Scottish Ministers” substitute “Scottish Court Service”.

The Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)

2 (1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.

(2) In section 1 (appointment of sheriff clerk and procurator fiscal)—

(a) in subsection (1)—

(i) for “one of His Majesty’s Principal Secretaries of State” substitute “the Scottish Court Service”,

(ii) for “Secretary of State” substitute “Scottish Court Service”, and

(iii) for “him” substitute “it”, and

(b) in subsection (4), for “Secretary of State”, in both places those words appear, substitute “Scottish Court Service”.

(3) In section 2 (appointment of sheriff clerk and procurator fiscal deputes), for “Secretary of State” substitute “Scottish Court Service”.

(4) In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), for “Secretary of State”, in both places those words appear, substitute “Scottish Court Service”.

(5) In section 4 (vacancy in office of sheriff clerk, procurator fiscal or deputes), for “Secretary of State” substitute “Scottish Court Service”.

(6) In section 5 (whole-time clerks)—

(a) in subsection (1), for “Secretary of State” substitute “Scottish Court Service”, and

(b) in subsection (2)—

(i) for “Scottish Ministers” substitute “Scottish Court Service”, and

(ii) for “they consider” substitute “it considers”.

(7) In section 8 (power to issue instructions, etc.)—

(a) in subsection (1), for “Secretary of State” substitute “Scottish Court Service”, and

(b) in subsection (2)—

(i) for “Secretary of State” substitute “Scottish Ministers”, and

(ii) for “him” substitute “the Scottish Court Service”.

(8) In section 9 (deputation by sheriff clerk or procurator fiscal), for “Secretary of State” substitute “Scottish Court Service”.

SCHEDULE 5 Consequential amendments and repeals

(introduced by section 73)

The Courts of Law Fees (Scotland) Act 1895 (c. 14)

1 In the Courts of Law Fees (Scotland) Act 1895, in section 2(1)(a), the words from “the expenses” to “Scottish Ministers” are repealed.

The Sheriff Courts (Scotland) Act 1971 (c. 58)

2 (1) The 1971 Act is amended as follows.

(2) Section 11A(2) is repealed.

(3) Section 11C is repealed.

(4) In section 11D (regulations and orders under sections 11A and 11C)—

(a) in subsection (1), for the words “Regulations under section 11A or section 11C and orders” substitute “Orders”, and

(b) in subsection (2), the words “regulations or” are repealed.

(5) Part 2 (court houses, buildings and offices) is repealed.

(6) In section 33 (Sheriff Court Rules Council), in subsection (4), the words from “and” to the end are repealed.

The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 (S.I. 1999/1017)

3 The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 is revoked.

The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)

4 The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 is repealed.

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

5 (1) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.

(2) In section 81 (orders)—

(a) in subsection (1), after “Ministers” insert “or the Lord President of the Court of Session”, and

(b) in subsection (2)(a), after “consider” insert “or (as the case may be) the Lord President considers”.

(3) The following provisions are repealed—

(a) in section 59(8) (establishing JP courts), paragraph (a) and the word “and” which immediately follows it,

(b) section 60 (provision for justice of the peace courts), and

(c) section 63(6) (staffing of justice of the peace courts)