The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000; the pursuer is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.
Her Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and Government of the United Kingdom on Scots law. The Office of the Advocate General for Scotland is a ministerial department of the United Kingdom government. The position is currently held by The Lord Keen of Elie QC, who is the first Conservative Advocate General.
Sexual Offences Act is a stock short title used for legislation in the United Kingdom and former British colonies and territories such as Antigua and Barbuda, Crown dependencies, Kenya, Lesotho, Republic of Ireland,Sierra Leone, South Africa and Trinidad and Tobago relating to sexual offences.
The Regency Acts are Acts of the Parliament of the United Kingdom passed at various times, to provide a regent in the event of the reigning monarch being incapacitated or a minor. Prior to 1937, Regency Acts were passed only when necessary to deal with a specific situation. In 1937, the Regency Act 1937 made general provision for a regent, and established the office of Counsellor of State, several of whom would act on the monarch's behalf when the monarch was temporarily absent from the realm. This Act forms the main law relating to regency in the United Kingdom today.
A Scottish statutory instrument is subordinate legislation made by the Scottish Ministers or a regulatory authority in exercise of powers delegated by an Act of the Scottish Parliament. SSIs are the main form of subordinate legislation in Scotland, being used by default to exercise powers delegated to the Scottish Ministers, the Lord Advocate, the High Court of Justiciary, the Court of Session, and the Queen-in-Council.
The Office of the Public Guardian (OPG) in Scotland is a public body based in Falkirk as part of the Scottish Courts and Tribunals Service, established in April 2001 following the passing of the Adults with Incapacity (Scotland) Act 2000.
The Mental Capacity Act 2005 is an Act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves.
The Office of the Accountant of Court is a public body which is a constituent part of the Supreme Courts of Scotland. The Accountant of Court is administered by the Scottish Courts and Tribunals Service.
In many countries, a statutory instrument is a form of delegated legislation.
Scots civil procedure governs the rules of civil procedure in Scotland. It deals with the jurisdiction of the country's civil courts, namely the Court of Session and sheriff courts.
An enduring power of attorney (EPA) under English law is a legal authorisation to act on someone else's behalf in legal and financial matters which can continue in force after the person granting it loses mental capacity, and so can be used to manage the affairs of people who have lost the ability to deal with their own affairs, without the need to apply to the Court of Protection.
The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 is an Act of the Scottish Parliament. The Protection of Children and Prevention of Sexual Offences bill was announced to the parliament by the First Minister of Scotland, Jack McConnell, in September 2004. It was passed on 2 June 2005, receiving Royal Assent on 12 July. The act introduced new offences related to child grooming, which had been addressed in England and Wales under the Sexual Offences Act 2003.
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.
The Protection from Abuse (Scotland) Act 2001 is an Act of the Scottish Parliament. It was passed on 4 October 2001, receiving Royal Assent on 6 November.
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.
An Act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.
