SCHEDULE
(introduced by section 12)
MINOR AND CONSEQUENTIAL AMENDMENTS
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Sheriff Courts (Scotland) Act 1971 (c.58)
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| 1 (1) |
In section 5 (qualification for offices of sheriff
principal and sheriff) of the Sheriff Courts (Scotland) Act
1971, in subsection (2)-
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(a) for "section 11(3)" there is substituted
"sections 11(3) and 11A"; and
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(b) for "temporary" where it second occurs
there is substituted "part-time".
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| (2)
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In section 5A (retiring age for
sheriff principal and sheriff) of that Act, after subsection
(2) there is inserted-
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"(3) Without prejudice to sections 11(4A)
and (4B) and 11B(3) of this Act, in this section, "sheriff
principal" does not include a temporary sheriff principal
and "sheriff" does not include a part-time sheriff.".
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| (3)
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In section 6 (disqualification
of sheriffs principal and sheriffs) of that Act, in subsection
(5), for "temporary" where it second occurs there is substituted
"part-time".
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| (4) |
Section 7 (jurisdiction of sheriff)
of that Act is renumbered as subsection (1) of that section
and after that subsection there is inserted-
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"(2) Without prejudice to section 11A(4)
of this Act, in this section, "sheriff" does not include
a part-time sheriff.".
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| (5) |
Section 9 (power of Scottish Ministers
to give administrative directions) of that Act is renumbered
as subsection (1) of that section and after that subsection
there is inserted-
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| (6) |
In section 10 (Scottish Ministers
may authorise sheriff principal or direct sheriff to act in
another sheriffdom) of that Act, in subsection (5), after
"honorary" there is inserted "or a part-time".
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| (7) |
In section 11 (appointment of temporary
sheriffs principal and sheriffs) of that Act-
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(a) in subsection (3)-
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(i) the words "or a temporary sheriff";
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(ii) in paragraph (a), the words "in the
case of an appointment as a temporary sheriff principal";
and
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(iii) paragraph (b);
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(b) in subsection (4), the words "or of
a temporary sheriff";
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(c) in subsection (4A), the words "or
temporary sheriff";
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(d) in subsection (5), the words "or a
temporary sheriff";
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(e) in subsection (6)-
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(i) the words ", or a temporary
sheriff for,"; and
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(ii) the words "or, as the case
may be, sheriff"; and
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(f) in subsection (8), the words "or a
temporary sheriff",
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are repealed.
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| (8) |
In section 12 (removal from office,
and suspension, of sheriff principal or sheriff) of that Act,
in subsection (7), for "temporary" where it second occurs
there is substituted "part-time".
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| (9) |
In section 14 (functions of Scottish
Ministers with respect to number, residence and place of duties
of sheriffs) of that Act, in subsection (5), for the words
from "sheriff" where it second occurs to "sheriff" where it
third occurs there is substituted "or a part-time".
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| (10) |
In section 15 (general functions
of sheriff principal) of that Act, in subsection (2), after
"sheriffdom," where it second occurs there is inserted "any
part-time sheriff".
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| (11) |
In section 16 (functions of sheriff
principal with respect to duties and leave of absence of sheriffs)
of that Act-
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(a) in subsection (1)-
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(i) in paragraph (a), the word "and"
where it first occurs is repealed and, after "sheriffdom",
there is inserted ", and any part-time sheriffs";
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(ii) in paragraph (b), after "sheriffdom"
where it third occurs there is inserted "or by
any part-time sheriffs"; and
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(iii) after "sheriff" where it last
occurs there is inserted "or part-time sheriff";
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(b) in subsection (3), after "include"
there is inserted "a part-time or". |
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| (12) |
In section 45 (interpretation)
of that Act, in subsection (1)(b), for "temporary" in both
places where it occurs there is substituted "part-time".
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District Courts (Scotland) Act 1975 (c.20)
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| 2 (1) |
In section 9 (appointment and removal of justices)
of the District Courts (Scotland) Act 1975-
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(a) in subsection (2), the words from
"and", where thirdly occurring, onward are repealed;
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(b) in subsection (6), for the words from
"an" onward, there is substituted "if it were an instrument
made under subsection (7) below removing the justice
from office";
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(c) in subsection (7), for the words from
"under" where it second occurs to "is" where it second
occurs there is substituted "in the name of Her Majesty
under the hand of the Scottish Ministers, if they are";
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(d) in subsection (9), after paragraph
(b), there is inserted-
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"(bb) a record of orders under section
9A(1) of this Act which have come into operation;";
and
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(e) in subsection (10)-
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(i) for "above" there is substituted
", (2C) or (7) above or section 11(7) of this
Act"; and
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(ii) for "who have been transferred
to" there is substituted "whose names have been
entered in".
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| 2 (2) |
In section 11 (ex officio justices) of that
Act-
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(a) after subsection (2), there is inserted-
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"(2A) The name of a person appointed as
an ex officio justice under subsection (2) above shall
be entered in the supplemental list."; and
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(b) in subsection (7)-
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(i) there is inserted at the beginning
"Subject to section 12 of this Act,"; and
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(ii) for the words "in like manner"
to the end there is substituted "by an instrument
in the name of Her Majesty under the hand of the
Scottish Ministers.".
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| 2 (3) |
In section 15 (supplemental list) of that Act-
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(a) subsections (2) and (7) are repealed;
and
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(b) after subsection (8) there is inserted-
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"(8A) A justice whose name is, under this
section, entered in the supplemental list is a signing
justice within the meaning of section 9(12) of this
Act.".
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| 2 (4) |
In section 16 (justices' committees) of that
Act, after subsection (2) there is inserted-
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- "(2A) For the purposes of subsection
(2) above, "justices" includes signing justices who
are or have become such by operation of section 12 of
this Act.".
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Education (Scotland) Act 1980 (c.44)
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| 3 (1) |
In section 36 (power of education authority
in relation to irregular attendance of child at a public school)
of the Education (Scotland) Act 1980-
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(a) in subsection (1)-
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(i) after "may" where it second
occurs there is inserted -
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"(a)"; and
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(ii) for "or may" there is substituted
"in the court of summary jurisdiction in which
proceedings may be taken for the offence, not
being the district court; or
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(b) report the circumstances to
the procurator fiscal or";
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| 3 (2) |
In section 43 (prosecutions and penalties) of
that Act, in subsection (2) after "section" there is inserted
", other than in the district court,".
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Law Reform (Miscellaneous Provisions) (Scotland)
Act 1990 (c.40)
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| 4 |
In Schedule 4 (judicial appointments) to the
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990,
in paragraph 2-
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(a) the words "or sheriff" are repealed;
and
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(b) after "sheriffs)" there is inserted
"or on a part-time sheriff appointed under section 11A
(appointment of part-time sheriffs)".
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Judicial Pensions and Retirement Act 1993 (c.8)
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| 5 (1) |
In section 27 (completion of proceedings after
retirement) of the Judicial Pensions and Retirement Act 1993,
in subsection (3), after paragraph (f) there is inserted-
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"(ff) a part-time sheriff;".
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| 5 (2) |
In Schedule 5 (retirement provisions: the relevant
offices) to that Act, the words "or temporary sheriff" are
repealed.
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Scottish Land Court Act 1993
(c.45)
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| 6 |
In section 1 (the Land Court) of the Scottish
Land Court Act 1993, in subsection (4)-
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(a) the words "or sheriff" are repealed;
and
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(b) after "11" there is inserted "or on
a part-time sheriff appointed under section 11A (appointment
of part-time sheriffs)".
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Criminal Procedure (Scotland) Act 1995 (c.46)
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| 7 (1)
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In section 23 (bail applications) of the Criminal
Procedure (Scotland) Act 1995-
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(a) in subsection (1)-
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(i) the words "which is by law bailable"
are repealed; and
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(ii) after "any" where it second
occurs there is inserted "(other than the first)";
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(b) in subsection (5) the words "except
murder or treason" are repealed; and
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(c) for subsection (6) there is substituted-
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"(6) Any person charged on complaint with
an offence shall, on any (other than the first) occasion
on which he is brought before a judge having jurisdiction
to try the offence, be entitled to apply to the judge
for bail and the prosecutor shall be entitled to be
heard against any such application.".
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| (2)
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In section 32 (bail appeal) of that Act-
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(a) in subsections (1), (2), (5), (7)
and (10), for the words "applicant" and "applicant's",
wherever they occur, there are substituted respectively
"accused" and "accused's";
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(b) in subsection (2), the words "an application
for" are repealed; and
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(c) in subsection (7), for the words "the
application" there is substituted "bail".
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| (3)
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In section 33 (bail: no fees exigible) of that
Act-
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(a) for "his" there is substituted "a
decision on bail under section 22A above, an"; and
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(b) after "such" there is inserted " a
decision or".
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| (4) |
In section 186 (appeals against sentence only)
of that Act, in subsection (5)(b), for "temporary" there is
substituted "part-time".
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| (5) |
In section 194 (appeals against sentence only)
of that Act, in subsection (2)(b), for "temporary" there is
substituted "part-time".
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