Scottish State Institutions

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Contents

Scottish Commission for Constitutional Development and Harmonization

A. Purpose of the institution
1. To oversee the proper functioning of the Constitution and the CSL.
2. To assure that all studies, research, and information which is employed by all Scottish institutions to inform policy is empirically based, provably accurate, and methodologically valid.
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Citizenship, Immigration and Naturalization, Languages, and Culture

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department for Peace, Human and Civil Rights, and Conflict Resolution

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department for Citizen Participation and Community Empowerment

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Digital Citizenship, Freedom of Information, and Privacy Auditors

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Electoral Auditor

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Methodological Integrity, Accuracy, Transparency, and Ethical Standards Auditor

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

The Scottish Presidency

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

The Scottish Parliament

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Civil Justice System

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution

Civil courts

Court of Session

The Court of Session is the supreme civil court. It is both a court of first instance and a court of appeal, and sits exclusively in Parliament House, Edinburgh Parliament House in Edinburgh. The court of first instance is known as the Outer House, the court of appeal the Inner House.

Sheriff Appeal Court

The Sheriff Appeal Court is a national court with a jurisdiction over civil appeals from the Sheriff Courts, and replaces appeals previously made to the Sheriff Principal.

The Sheriff Appeal Court is a national court with jurisdiction over appeals summary criminal proceedings, and bail decision in solemn procedure, from the Sheriff Courts and Justice of the Peace Courts.

The Sheriff Appeal Court had its jurisdiction extended on 1 January 2016, by Scottish Ministers through provisions of the Court Reform (Scotland) Act 2014 to extend civil appeals to the Sheriff Appeal Court.

Sheriff Personal Injury Court

The Sheriff Personal Injury Court is a specialist all-Scotland court with exclusive jurisdiction to hear cases, with or without a jury trial, that relate to personal injury. The Personal Injury Court has concurrent jurisdiction with local sheriff courts, over Cause of action claims relating to personal injury where the case is for a work-related accident claim in excess of 1,000 GBP, or where the total amount claimed is in excess of 5,000 GBP. The choice of local sheriff court or the Personal Injury Court is left to the plaintiff. However, where a sheriff believes the case is so complex as to require the specialist expertise of the personal injury sheriffs they can remit the case to the Sheriff Personal Injury Court.

In Scotland, all monetary claims for amounts not in excess of 100,000 GBP are the exclusive jurisdiction of the sheriff courts, with the Court of Session having concurrent jurisdiction for amounts of more than 100,000 GBP.

The Personal Injury Court was established by the Courts Reform (Scotland) Act 2014 and the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015.

Sheriff Court

The Sheriff Court is the other civil court; this sits locally. The Court of Session and Sheriff Courts have a Concurrent jurisdiction for all cases with a monetary value in excess of £100,000, with the choice of court being given in the first place to the plaintiff, the majority of difficult or high-value cases in Scotland are brought in the Court of Session.

Any final decision of a Sheriff may be appealed. There is a right of appeal in civil cases to the Sheriff Appeal Court, and, with permission, to the Inner House of the Court of Session.


D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Criminal Justice System

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution

Scottish Criminal Courts

High Court of Justiciary

The High Court of Justiciary is the supreme criminal court.

The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in the former Sheriff Court buildings in the Lawnmarket in Edinburgh, in dedicated premises at the Saltmarket in Glasgow, and also sits from time to time in various other places in Scotland. As a court of appeal, it sits only in Edinburgh.

Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two Senators of the College of Justice judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.

There is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the Supreme Court of the United Kingdom, the highest court. Appeals under the Human Rights Act 1998 and devolution appeals under the Scotland Act 1998 are heard by the Supreme Court of the United Kingdom (previously these were head by the Judicial Committee of the Privy Council).

Sheriff Appeal Court

The Sheriff Appeal Court shall be a national court with jurisdiction over appeals from summary offence criminal proceedings in the Sheriff Courts and Justice of the Peace Courts, and from bail decision in solemn procedure at the sheriff court.

The Sheriff Appeal Court shall deal with appeals against conviction and sentence in summary offence summary proceedings before the deal with criminal appeals.

The Bench generally shall be comprised of three Appeal Sheriffs when considering appeals against conviction, and two appeal sheriffs when considering appeals against a sentence. A single Appeal Sheriff hears appeals against bail decisions made by a sheriff or justices of the peace.

The criminal Court is based at the courthouse at Lawnmarket, Edinburgh, and will initially sit for two consecutive days each fortnight. Substantive criminal appeals will be heard on Tuesdays and appeals against sentence on Wednesdays.

Sheriff courts

The sheriff courts are the main criminal courts; they sit locally in sheriff courts throughout Scotland organised in the six sheriffdoms. The procedure followed may either be solemn procedure, where the Sheriff sits with a trial by jury of fifteen; or summary offence/summary procedure, where the sheriff sits alone in a bench trial. From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment or a 10,000 GBP fine, and in solemn cases 5 years imprisonment or an unlimited fine.

A higher sentence in solemn cases may be imposed upon remittance of the case to the High Court of Justiciary.

Justice of the Peace Courts

The Justice of the Peace Court is a criminal court which sits locally under summary procedure, where the Justice sits alone or in some areas as a bench of three. Justices are lay magistrates who as advised by a legally qualified clerk, known as the legal adviser. The court handles a variety of minor common law crimes such as breach of the peace, theft and assault, as well as statutory offences such as vandalism, road traffic offences and other public order offences. The maximum penalty which can be imposed at this level is 60 days' imprisonment or a fine up to £2,500.


D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Specialist Jurisdiction Courts

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution

Children's Hearings

The specialist system of Children's Hearings handles the majority of cases involving allegations of criminal conduct involving persons under 16 in Scotland. These tribunals have wide-ranging powers to issue supervision orders for the person referred to them by the Scottish Children's Reporter Administration. Serious crimes, at the direction of the Procurator Fiscal, are still dealt with in the usual criminal courts.


Lands Valuation Appeal Court

The Lands Valuation Appeal Court is a Scottish civil court, composed of 3 Court of Session judges, and established under Section 7 of the Valuation of Lands (Scotland) Amendment Act 1879. It hears cases where the decision of a local Valuation Appeal Committee is disputed. The Senator of the College of Justice who make up the Lands Valuation Appeal Court was specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has both Colin Sutherland, Lord Carloway Lord President of the Court of Session and Leeona Dorrian, Lady Dorrian Lord Justice Clerk as members with a further four Senators specified.

Scottish Land Court

The Scottish Land Court has jurisdiction over disputes involving agricultural tenancies and crofting rights.

D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of State

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Defence, Security, and Intelligence

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Financial Auditor

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Social Security, Housing, and Social Benefits

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Employment and Business Development

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Foundation for the Arts and Sciences

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Environment and Land Management Auditor

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Technology, Industry and Infrastructure

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of the Family and Society

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Education

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Health, Medicine, and Social Care

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Agriculture and Fisheries

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Transport and Public Services

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions

Scottish Department of Commerce, Insurance and Civil Liability, and Licensing

A. Purpose of the institution
B. Relevant constitutional requirements for the institution
C. Physical and digital structure of the institution
D. Personnel structure of the institution
E. Competences and functions of the institution
F. Methods for application of competences and functions
G. Metrics for measuring performance of competences and functions
H. Methods for continuous improvement of competences and functions