Office of Public Sector Information
Article 2
| Column 1 | Column 2 |
|---|---|
| (sheriff court district in which justice of the peace courts are established) | (location at which justice of the peace courts are to take place) |
| Edinburgh | Edinburgh |
| Linlithgow | Livingston |
| Haddington | Haddington |
| Peebles | Peebles |
| Selkirk | Selkirk |
| Jedburgh | Jedburgh |
| Duns | Duns |
Article 3
City of Edinburgh Council
Midlothian Council
West Lothian Council
East Lothian Council
Scottish Borders Council
Article 5
| Column 1 (local authority) | Column 2(heritable property) |
|---|---|
| East Lothian Council | Those subjects extending to approximately 68 square metres or thereby situated on the first floor of the County Buildings, Court Street, Haddington, EH41 3HN designated by the council as the District Court office before the making of this order (incorporating the public counter, waiting area, office licensing office and the JPs' room). |
Article 7
| Column 1 (provision of the 1975 Act) | Column 2 (subject matter) |
|---|---|
| Section 5(7) | Stipendiary magistrates |
| Column 1 | Column 2 |
|---|---|
| (provisions of the 1975 Act) | (subject matter) |
| Section 1A | Further provision as to the establishment and disestablishment of district courts |
| Section 5 (to the extent that it is not repealed by Part 1 of this Schedule) | Stipendiary magistrates |
| Section 7 | Clerk of district court |
| Section 8 | Court houses for district court |
| Section 17 (to the extent that it is not already repealed(7)) | Allowances |
| Section 18 (to the extent that it is not already repealed(8)) | Appointment and duties of clerk of the peace |
| Section 20 | Custody of records |
| Section 23 | District court and justice of the peace expenses and destination of fines |
(This note is not part of the Order)
This Order makes various provision in relation to the establishment of justice of the peace courts in the Sheriffdom of Lothian and Borders.
Article 2 and Schedule 1 to the Order specify the justice of the peace courts which are to be established in the various Sheriff Court Districts within the Sheriffdom of Lothian and Borders.
Article 3 and Schedule 2 to the Order make provision for the disestablishment of the district courts (established under the District Courts (Scotland) Act 1975) which sit within the Sheriffdom of Lothian and Borders. Those district courts are disestablished by reference to commission areas (areas of Councils) in which they were established.
Article 4 confirms that a scheme to be made by the Scottish Ministers (under section 65(2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007) will identify which staff of the district courts that scheme will apply to. The effect of that scheme will be that certain staff (being employees of the local authorities which administer the district courts) will transfer to the employment of the Scottish Administration.
Article 5(1) makes provision for the transfer of property, rights and liabilities to the Scottish Ministers of the heritable property identified in Schedule 3. Articles 5(2) to (4) make transitional and savings provision in relation to that transfer.
Article 6 makes incidental, consequential and transitional provision in relation to certain fixed penalties and conditional offers of penalties. These provisions will allow the clerks to the justice of the peace courts to deal with matters relating to these penalties and offers which were previously dealt with by the clerk to the, now disestablished, district courts.
Article 7 and Schedule 4 make provision in relation to the repeal of various sections of the District Courts (Scotland) Act 1975.
Section 17(3) and (4) of the 1975 Act were repealed by article 3(d) of the District Courts and Justices of the Peace (Scotland) Order 2007 (S.S.I. 2007/480). Back [7]
Paragraphs (b) and (d) of section 18(4) of the 1975 Act were repealed by article 3(e) of the District Courts and Justices of the Peace (Scotland) Order 2007. Paragraph (e) of section 18(4) was partially repealed by article 3(f) of the same Order. Back [8]
The Justice of the Peace Courts (Sheriffdom of Lothian and Borders) etc Order 2008