Back to the Scottish Parliament Business Bulletin No. 132/2008: Friday 19 September 2008
Archive Home

Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

Annual reports

Contents An A B C D E F G H I J

Section G – Bills

New amendments to Bills lodged on 17 September 2008

Judiciary and Courts (Scotland) Bill – Stage 3

Schedule 3

Pauline McNeill

1 In schedule 3, page 46, line 30, after <sheriff,> insert—

<( ) one person holding the office of part-time sheriff,>

New amendments to Bills lodged on 18 September 2008

Judiciary and Courts (Scotland) Bill

Section 38

Kenny MacAskill

2 In section 38, page 23, line 17, at end insert—

<( ) Article 10 of that Order applies to such an instrument subject to the following modifications—

(a) the reference to the period of 21 days in paragraph (2) is to be read as a reference to 40 days, and

(b) paragraph (3) does not apply.>

Section 39

Kenny MacAskill

3 In section 39, page 24, line 23, at end insert—

<(j) such other judicial offices (whether full-time, part-time or temporary) as the Scottish Ministers may by order specify.

( ) Before making an order under subsection (2)(j), the Scottish Ministers must consult the Lord President.>

Section 47

Kenny MacAskill

4 In section 47, page 27, line 16, leave out subsection (2)

Kenny MacAskill

5 In section 47, page 27, leave out line 19

Kenny MacAskill

6 In section 47, page 27, line 24, leave out from <which> to end of line 29 and insert <may be made only with the consent of—

(a) the Lord President of the Court of Session, and

(b) where the order includes provision such as is mentioned in subsection (2)(a) or (aa) above, the Scottish Court Service.

(2B) Before consenting to the making of such an order, the Scottish Court Service must consult such persons as it considers appropriate.".>

Section 48

Kenny MacAskill

7 In section 48, page 27, line 39, leave out subsection (2)

Kenny MacAskill

8 In section 48, page 28, leave out lines 2 and 3 and insert—

<"(2A) An order under subsection (2) above may be made only with the consent of—

(a) the Lord President of the Court of Session, and

(b) the Scottish Court Service.

(2B) Before consenting to the making of such an order, the Scottish Court Service must consult such persons as it considers appropriate.".>

Kenny MacAskill

9 In section 48, page 28, line 4, leave out subsection (4)

Section 54

Kenny MacAskill

10 In section 54, page 30, leave out lines 6 and 7 and insert—

<( ) subsection (1) is repealed,>

Kenny MacAskill

11 In section 54, page 30, leave out line 8

Kenny MacAskill

12 In section 54, page 30, line 9, after <President> insert <of the Court of Session>

Kenny MacAskill

13 In section 54, page 30, line 11, leave out <each of subsections (5) to (7)> and insert <subsection (5)>

Kenny MacAskill

14 In section 54, page 30, line 12, at end insert—

<( ) for subsection (7) substitute—

"(7) The Scottish Ministers may make an order under subsection (2) or (6) only with the consent of—

(a) the Lord President, and

(b) the Scottish Court Service.

(7A) Before consenting to the making of such an order—

(a) the Lord President must consult the sheriff principal for the sheriffdom in which the JP court is, or is to be, located, and

(b) the Scottish Court Service must consult such persons as it considers appropriate.".>

Kenny MacAskill

15 In section 54, page 30, leave out lines 14 and 15 and insert—

<( ) after subsection (2) insert—

"(2A) The Scottish Ministers may make an order under subsection (2) only on the recommendation of the Lord President of the Court of Session.", and>

Schedule 5

Kenny MacAskill

16 In schedule 5, page 55, line 13, leave out from <and> to end of line 14

Kenny MacAskill

17 In schedule 5, page 55, line 15, at end insert—

<( ) in section 59(8) (establishing JP courts), paragraph (a) and the word "and" which immediately follows it,>

Contents An A B C D E F G H I J