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Judiciary and Courts (Scotland) Act 2008

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Judiciary and Courts (Scotland) Act 2008[a]
Act of the Scottish Parliament
coat of arms
Scottish Parliament
Long titleAn Act of the Scottish Parliament to make provision about the judiciary and the courts; to establish the Scottish Court Service; and for connected purposes.
Citation2008 asp 6
Introduced byKenny MacAskill
Territorial extent Scotland
Dates
Royal assent29 October 2008
Repealedvarious[b]
Other legislation
Amends
Amended by
Status: Amended
History of passage through the Parliament
Text of statute as originally enacted
Revised text of statute as amended
Text of the Judiciary and Courts (Scotland) Act 2008 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Judiciary and Courts (Scotland) Act 2008 (asp 6) is an act of the Scottish Parliament passed in October 2008 to reform the courts of Scotland, to give statutory force to judicial independence, and to establish the Lord President of the Court of Session as Head of the Judiciary of Scotland.

Provisions

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Scottish Court Service

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The act established the Scottish Court Service, bringing together all the courts from the appeal court to the lowest district court.[1]

Head of the judiciary

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The responsibility for the administration of the court service was transferred to the Lord President by the act.[2][3] The act enshrined the Lord President as the head of the judiciary.[4]

Judicial independence

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Judicial independence is enshrined by section 1 of the act, which stipulates specific duties to uphold judicial independence on[5]: Section 1 

All of those specified are barred from using any form of special access to influence the judgments or decisions made by the judiciary of Scotland.[6]

Notes

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  1. ↑ Section 76(2).
  2. ↑ Section 76(1).

References

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  1. ↑ Knox, John (26 September 2008). "Doom and gloom in the auld toun". BBC News. Retrieved 19 July 2026.
  2. ↑ Rodger, Alan (18 August 2008). "Where have we come from, where to next?". Law Society of Scotland. Retrieved 18 July 2026.
  3. ↑ Hough, Richard (17 November 2008). "New course for the courts". Law Society of Scotland. Retrieved 18 July 2026.
  4. ↑ "MSPs pass law to reform judiciary". BBC News. 25 September 2008. Retrieved 18 July 2026.
  5. ↑ Scottish Parliament. Judiciary and Courts (Scotland) Act 2008 as amended (see also enacted form), from legislation.gov.uk.
  6. ↑ "Judicial Independence - Judiciary of Scotland". www.scotland-judiciary.org.uk. Retrieved 12 April 2018.
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