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The Public Services Reform (Scotland) Act 2010 (Commencement No. 3) Order 2011
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Scottish Statutory Instruments
2011 No. 30 (C. 5)
Court Of Session
Public Services Reform
Sheriff Court
The Public Services Reform (Scotland) Act 2010 (Commencement No. 3) Order 2011
Made
20th January 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by section 134(7) of the Public Services Reform (Scotland) Act 2010(1).
Citation
1. This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 3) Order 2011.
Interpretation
2. In this Order—
“the Act” means the Public Services Reform (Scotland) Act 2010; and
“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007(2).
Appointed days – regulation of officers of court
3.—(1) 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 Schedule 1 (the subject matter of which is specified in column 2 of that table) is 31st January 2011.
(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 Schedule 2 (the subject matter of which is specified in column 2 of that table) is 1st April 2011.
(3) Where a purpose is specified in column 3 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
20th January 2011
Article 3(1)
SCHEDULE 1Provisions coming into force on 31st January 2011
Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purpose) |
|---|---|---|
| Section 13 | Regulation of officers of court | The purpose of amendments and repeals listed in this Schedule |
| In schedule 4— | ||
| paragraph 1 | The purpose of amendments to the Debtors (Scotland) Act 1987 listed in this Schedule | |
| paragraph 2 | Amendment of power in section 75 of Debtors (Scotland) Act 1987 to make rules of court for the regulation, organisation and training, conduct and procedure of officers of court | |
| paragraph 3 | Amendment of section 76 of the Debtors (Scotland) Act 1987 (Advisory Council on Messengers-at-Arms and Sheriff Officers) | |
| paragraph 8 | Electronic admissions in writing | |
| paragraph 9 | The purpose of amendments to the 2007 Act listed in this Schedule | |
| paragraph 10 | Amendment of the title to Part 3 of the 2007 Act | |
| paragraph 11 | Amendment of section 51 of the 2007 Act to require annual report by the Advisory Council | |
paragraph 12 | Amendment of section 53 of the 2007 Act (published information not to enable identification) | |
| paragraph 13 | Amendment of section 61 of the 2007 Act (regulation of officers of court) | |
paragraph 15 | Amendment of section 63 of the 2007 Act (officer’s of court professional association) | |
paragraph 20 | Amendment of section 66 of the 2007 Act (inspection of officers) | |
| paragraph 21 | Amendment of references to “judicial officer” in section 75 of the 2007 Act | |
| paragraph 22 | Amendment of section 77 of the 2007 Act (effect of code of practice) | |
| paragraph 23 | Repeal of words in section 78 of the 2007 Act | |
| paragraphs 24 to 31 | Amendment of references to “judicial officers” in section 75 of the 2007 Act to “officers of court” | |
| paragraph 32 | Minor correction | |
| paragraph 33 | Repeals |
Article 3(2)
SCHEDULE 2Provisions coming into force on 1st April 2011
Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purpose) |
|---|---|---|
| Section 13 | Regulation of officers of court | The purpose of the amendments listed in this Schedule |
| In schedule 4— | ||
| paragraph 1 | The purpose of amendments to the Debtors (Scotland) Act 1987 listed in this Schedule | |
| paragraphs 4 to 7 | Amendment of sections 79 to 82 of the Debtors (Scotland) Act 1987 (misconduct, court’s powers and appeals) | |
| paragraph 9 | The purpose of amendments to the 2007 Act listed in this Schedule | |
| paragraph 14 | Amendment of section 62 of the 2007 Act (duty to notify of bankruptcy etc.) | |
| paragraph 16 | Insertion of section 63A of the 2007 Act (code of practice) | |
| paragraph 17 | Amendment of section 64 of the 2007 Act (duty of professional association to forward complaints) | |
| paragraph 18 | Amendment of section 65 of the 2007 Act (information from professional association) | |
| paragraph 19 | Insertion of section 65A of the 2007 Act (annual fee for officers of court) |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force section 13 of, and schedule 4 to, the Public Services Reform (Scotland) Act 2010 (“the Act”) on the regulation of officers of court. Those provisions amend the Debtors (Scotland) Act 1987 (c.18) and the Bankruptcy and Diligence etc. (Scotland) Act 2007 to abolish the Scottish Civil Enforcement Commission and make other changes to the supervisory and regulatory structures for messengers-at-arms and sheriff officers.
The provisions are brought into force on 31st January 2011 and on 1st April 2011.
Sections 103, 109, 132, 133 and 134 of the Act came into force on Royal Assent.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Act were brought into force by commencement order made before the date of this Order:—
| Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
| Sections 1 to 12 except section 3 | 1st August 2010 | 2010/221 |
| Sections 14 to 30 | 1st August 2010 | 2010/221 |
| Sections 31 to 35 | 1st October 2010 | 2010/321 |
| Sections 36 to 43 | 1st July 2010 | 2010/221 |
| Section 44 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Sections 44 to 102 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Sections 104 to 106 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Section 107 | 1st August 2010 | 2010/221 |
| Section 108 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Section 108 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Section 110(1) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Section 110 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Section 111 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Section 111 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Sections 112 to 114 | 1st October 2010 | 2010/321 |
| Sections 115 to 117 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Section 118 | 1st October 2010 | 2010/321 |
| Section 119 | 1st August 2010 | 2010/221 |
| Sections 120 to 128 except section 125 | 1st August 2010 | 2010/221 |
| Section 125 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Section 129 | 1st August 2010 | 2010/221 |
| Schedule 1 | 1st August 2010 | 2010/221 |
| Schedules 5 to 7 | 1st August 2010 | 2010/221 |
| Schedule 8 | 1st October 2010 | 2010/321 |
| Schedules 9 and 10 | 1st July 2010 | 2010/221 |
| Schedule 11 (partially) for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Schedules 11 and 12 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedule 13 | 1st October 2010 | 2010/321 |
| Schedule 14 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedule 15 | 1st August 2010 | 2010/221 |
| Schedule 16 for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Schedules 16 to 17 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedule 18 for the purpose of making appointments | 1st August 2010 | 2010/221 |
| Schedule 18 (partially) for the purpose of making subordinate legislation | 1st October 2010 | 2010/321 |
| Schedules 19 and 20 | 1st October 2010 | 2010/321 |
(1)
(2)
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