Law

Court of Session Act 1988

United Kingdom · statute

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In force since 2024-07-16, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 65 provisions
  1. Title and introductory text
  2. 1 Number of judges of Court.
  3. 2 Composition of Court.
  4. 3 Exchequer causes.
  5. 4 Power of judges to act in cases relating to rates and taxes.
  6. 5 Power to regulate procedure etc. by act of sederunt.
  7. 5A Rules for lay representation
  8. 6 Allocation of business etc. by act of sederunt.
  9. 7 Fees on remit to accountants etc.
  10. 8 Rules Council.
  11. 9 Allowing of proof by Lord Ordinary.
  12. 10 Evidence on commission in Outer House.
  13. 11 Jury actions.
  14. 12 Summoning of jury.
  15. 13 Selection of jury.
  16. 14 Application for view by jury.
  17. 15 Illness or death of juror during trial.
  18. 16 Trial to proceed despite objection to opinion and direction of judge.
  19. 17 Return of verdict.
  20. 18 Lord Ordinary’s judgment final in Outer House.
  21. 19 Lord Advocate as party to action for nullity of marriage or divorce.
  22. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  23. 21 Exchequer causes to have precedence.
  24. 22 Lord Advocate to sue and be sued on behalf of the Crown.
  25. 23 Lord Advocate may be heard last.
  26. 24 Appeal to Supreme Court.
  27. 25 Disposal of petitions initiated in Outer House.
  28. 26 Summary trials.
  29. 27 Special cases.
  30. 27A Time limits
  31. 27B Requirement for permission
  32. 27C Oral hearings where permission refused, etc.
  33. 27D Appeals following oral hearings
  34. 28 Reclaiming.
  35. 29 Application for new trial.
  36. 30 Restrictions on granting of application for new trial.
  37. 31 Verdict may be returned subject to opinion of Inner House on point reserved.
  38. 31A Power to provide for single judge of Inner House to determine leave or permission and assess grounds of appeal
  39. 32 Appeals.
  40. 33 Transmissions from sheriff to Court on ground of contingency.
  41. 34 Suspension of decrees of Court granted in absence.
  42. 35 Suspension of sheriff court decree.
  43. 36 Rehearing by larger court of causes pending in Inner House.
  44. 37 Additional proof ordered by Inner House.
  45. 38 Evidence on commission in Inner House.
  46. 39 Inner House judgment final in Court of Session.
  47. 40 Appeals to the Supreme Court
  48. 40A Permission for appeal under section 40
  49. 41 Interim possession, execution and expenses.
  50. 42 Supreme Court may make order on payment of interest.
  51. 43 Interest and expenses where appeal dismissed for want of prosecution.
  52. 44 Selection of judges for trial of election petitions.
  53. 45 Restoration of possession and specific performance.
  54. 46 Specific relief may be granted in interdict proceedings.
  55. 47 Interim interdict and other interim orders.
  56. 47A Power to grant warrant for ejection
  57. 48 Right of audience of solicitor before the court.
  58. 48A Further provision as to rights of audience.
  59. 49 Subscription of bill for letters of inhibition.
  60. 50 Copy of interlocutor granting commission and diligence to be equivalent to formal extract.
  61. 51 Interpretation
  62. 52 Consequential amendments, repeals and savings.
  63. 53 Short title, commencement and extent.
  64. SCHEDULE 1 Minor Amendments
  65. SCHEDULE 2 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

65 provisions

34 Suspension of decrees of Court granted in absence.

It shall be competent for any party to bring proceedings in manner prescribed for the suspension of any decree in absence granted in the Court.

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35 Suspension of sheriff court decree.

(1) It shall be competent in any proceedings for the suspension of a decree of a sheriff for that sheriff or the Court to regulate all matters relating to interim possession. (2) The Court may in any such proceedings remit the cause to the sheriff with instructions; but no such remit shall be made, except in the case of the suspension of a decree in absence, without hearing counsel or receiving a written answer on the part of the respondent. (3) The Court may in granting suspension find the petitioner entitled to his expenses both in the sheriff court and in the Court. (4) In this section “sheriff” includes sheriff principal.

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36 Rehearing by larger court of causes pending in Inner House.

Where a division of the Inner House before whom a cause is pending— (a) considers the cause to be one of difficulty or importance; or (b) is equally divided in opinion on the cause (whether on a question of law or fact), it may appoint the cause to be reheard by such larger court as is necessary for the proper disposal of the cause.

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37 Additional proof ordered by Inner House.

Where proof has been ordered by the Inner House, the proof shall be taken before any one of the judges of the Inner House to whom the Inner House may think fit to remit the case, and the ruling of that judge upon the admissibility of evidence in the course of taking the proof shall be subject to review by the Inner House in the discussion of the report of the proof; and where the Inner House alters any finding of that judge rejecting evidence, it may, if it thinks fit, remit the case to have that evidence taken.

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38 Evidence on commission in Inner House.

In any cause coming before it, the Inner House may grant commission to take the depositions of havers and the evidence of witnesses as provided in section 10 of this Act with respect to an action.

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39 Inner House judgment final in Court of Session.

The judgment pronounced by the Inner House shall in all causes be final in the Court.

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40 Appeals to the Supreme Court

(1) An appeal may be taken to the Supreme Court against a decision of the Inner House mentioned in subsection (2), but only— (a) with the permission of the Inner House, or (b) if the Inner House has refused permission, with the permission of the Supreme Court. (2) The decisions are— (a) a decision constituting final judgment in any proceedings, (b) a decision in an exchequer cause, (c) a decision, on an application under section 29, to grant or refuse a new trial in any proceedings, (d) any other decision in any proceedings if— (i) there is a difference of opinion among the judges making the decision, or (ii) the decision is one sustaining a preliminary defence and dismissing the proceedings. (3) An appeal may be taken to the Supreme Court against any other decision of the Inner House in any proceedings, but only with the permission of the Inner House. (4) In an appeal against a decision mentioned in subsection (2)(c), the Supreme Court has the same powers as the Inner House had in relation to the application under section 29, including, in particular, the powers under sections 29(3) and 30(3). (5) No appeal may be taken to the Supreme Court against any decision of a Lord Ordinary. (6) But subsection (5) does not affect the operation of subsections (1) and (3) in relation to a decision of the Inner House in a review of a decision of a Lord Ordinary. (7) In an appeal to the Supreme Court under this section against a decision of the Inner House in any proceedings, all prior decisions in the proceedings (whether made at first instance or at any stage of appeal) are open to review by the Supreme Court. (8) This section is subject to— (a) sections 27(5) and 32(5), (b) any provision of any other enactment that restricts or excludes an appeal from the Court of Session to the Supreme Court. (9) This section does not affect any right of appeal from the Court of Session to the Supreme Court that arises apart from this section. (10) In this section— “final judgment”, in relation to any proceedings, means a decision which, by itself or taken along with prior decisions in the proceedings, disposes of the subject matter of the proceedings on its merits, even though judgment may not have been pronounced on every question raised or expenses found due may not have been modified, taxed or decerned for, “preliminary defence”, in relation to any proceedings, means a defence that does not relate to the merits of the proceedings.

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40A Permission for appeal under section 40

(1) An application to the Inner House for permission to take an appeal under section 40(1) or (3) must be made— (a) within the period of 28 days beginning with the date of the decision against which the appeal is to be taken, or (b) within such longer period as the Inner House considers equitable having regard to all the circumstances. (2) An application to the Supreme Court for permission to take an appeal under section 40(1) must be made— (a) within the period of 28 days beginning with the date on which the Inner House refuses permission for the appeal, or (b) within such longer period as the Supreme Court considers equitable having regard to all the circumstances. (3) The Inner House or the Supreme Court may grant permission for an appeal under section 40(1) or (3) only if the Inner House or, as the case may be, the Supreme Court considers that the appeal raises an arguable point of law of general public importance which ought to be considered by the Supreme Court at that time.

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41 Interim possession, execution and expenses.

(1) On an appeal to the Supreme Court under section 40 of this Act, a copy of the petition of appeal shall be laid by the respondent before the Inner House which may regulate all matters relating to interim possession, execution and expenses already incurred as it thinks fit, having regard to the interests of the parties to the cause as they may be affected by the upholding or reversal of the judgment against which the appeal has been taken. (2) It shall not be competent by appeal to the Supreme Court in respect of regulations made under subsection (1) above to stop the execution of those regulations; but when the Supreme Court hears the appeal under section 40 of this Act, it may make such order or give such judgment respecting any matter which has been done or taken place in pursuance or in consequence of the regulations as it thinks fit.

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42 Supreme Court may make order on payment of interest.

The Supreme Court in hearing an appeal under section 40 of this Act may make such order with regard to payment of interest, simple or compound, by any of the parties, as it thinks fit.

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43 Interest and expenses where appeal dismissed for want of prosecution.

Where an appeal to the Supreme Court under section 40 of this Act is dismissed for want of prosecution, the Inner House may, on an application made to it by any respondent in the appeal, order the appellant to pay to that respondent such interest, simple or compound, as it thinks fit, together with the expenses which have been incurred in consequence of the appeal.

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44 Selection of judges for trial of election petitions.

(1) The judges to be placed on the rota for the trial of parliamentary election petitions in Scotland under Part III of the Representation of the People Act 1983 in each year shall be selected, in such manner as the Lord President may direct, from the judges of the Court exclusive of any who are members of the House of Lords. (2) Notwithstanding the expiry of the year for which a judge has been placed on the rota, he may act as if that year had not expired for the purpose of continuing to deal with, giving judgment in, or dealing with any ancillary matter relating to, any case with which he may have been concerned during that year. (3) Any judge placed on the rota shall be eligible to be placed on the rota again in the succeeding or any subsequent year.

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45 Restoration of possession and specific performance.

The Court may, on application by summary petition— (a) order the restoration of possession of any real or personal property of the possession of which the petitioner may have been violently or fraudulently deprived; and (b) order the specific performance of any statutory duty, under such conditions and penalties (including fine and imprisonment, where consistent with the enactment concerned) in the event of the order not being implemented, as to the Court seem proper.

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46 Specific relief may be granted in interdict proceedings.

Where a respondent in any application or proceedings in the Court, whether before or after the institution of such proceedings or application, has done any act which the Court might have prohibited by interdict, the Court may ordain the respondent to perform any act which may be necessary for reinstating the petitioner in his possessory right, or for granting specific relief against the illegal act complained of.

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47 Interim interdict and other interim orders.

(1) In any cause containing a conclusion or a crave for interdict or liberation, the Division of the Inner House or the Lord Ordinary (as the case may be) may, on the motion of any party to the cause, grant interim interdict or liberation; and it shall be competent for the Division of the Inner House or the Lord Ordinary before whom any cause in which interim interdict has been granted is pending to deal with any breach of the interim interdict without the presentation of a petition and complaint. (2) In any cause in dependence before the Court, the Court may, on the motion of any party to the cause, make such order regarding the interim possession of any property to which the cause relates, or regarding the subject matter of the cause, as the Court may think fit. (2A) The power under subsection (2) to make an order includes, in particular, power to make an order ad factum praestandum (including an interim order). (3) Every interim act, warrant and decree granted during the dependence of a cause in the Court shall, unless the Court otherwise directs, be extractibleadinterim.

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47A Power to grant warrant for ejection

In any proceedings where the Court has competence to grant a decree of removing, it also has competence to grant a warrant for ejection.

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48 Right of audience of solicitor before the court.

(1) Any solicitor who has, by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980 a right of audience in relation to the Court of Session shall have the same right of audience in that court as is enjoyed by an advocate. (2) Any solicitor shall have a right of audience– (a) before the vacation judge; and (b) in such other circumstances as may be prescribed.

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48A Further provision as to rights of audience.

Any person who has complied with the terms of a scheme approved under section 26 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (consideration of applications made under section 25) shall have such rights of audience before the court as may be specified in an act of sederunt made under subsection (7)(a) of that section.

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49 Subscription of bill for letters of inhibition.

(1) Subject to subsection (2) below, the subscription by such of the clerks of session as may be prescribed of a bill craving warrant for the signeting of letters of inhibition shall be sufficient warrant for that purpose without the subscription of the bill by a Lord Ordinary. (2) Where in the case of any such bill a doubt or difficulty occurs to the clerk of session, he shall report the matter to a Lord Ordinary, and where a matter is so reported the subscription of the bill by the Lord Ordinary shall be necessary.

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50 Copy of interlocutor granting commission and diligence to be equivalent to formal extract.

A copy of an interlocutor, pronounced by a Lord Ordinary or the Inner House granting commission and diligence, which is certified by a clerk of court shall have the same force and effect as a formal extract of the interlocutor.

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51 Interpretation

In this Act unless the context otherwise requires— “action” means a cause initiated by a summons; “the Court” means the Court of Session and, in any provision conferring a power on the Court with regard to a cause before it, means, as the case may be, a Division of the Inner House, a Division sitting with an additional judge or judges or a Lord Ordinary; “enactment” includes an act of sederuntand an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; “the Inner House” means, in any provision conferring power on it, a Division thereof; “the Lord President” means the Lord President of the Court of Session; “prescribed” means prescribed by act of sederunt; “solicitor” has the same meaning as in section 65(1) of the Solicitors (Scotland) Act 1980.

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52 Consequential amendments, repeals and savings.

(1) The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act. (2) The enactments mentioned in Part I of Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule; and Parts II and III of that Schedule respectively show the extent to which the aforesaid enactments are re-enacted (with or without amendment) in this Act or are repealed without re-enactment as being no longer of practical utility or being spent or unnecessary. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In so far as any appointment, act of sederunt or regulations made under any enactment repealed and re-enacted by this Act, or any other thing done under any such enactment, could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by this section but shall have effect as if made or done under that corresponding provision. (5) Where any Act or any document refers, either expressly or by implication, to an enactment repealed and re-enacted by this Act, the reference shall, except where the context otherwise requires, be construed as a reference to the corresponding provision of this Act. (6) Nothing in this section shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (general savings and repeal and re-enactment).

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53 Short title, commencement and extent.

(1) This Act may be cited as the Court of Session Act 1988. (2) This Act shall come into force on the expiry of the period of 2 months beginning with the date on which it is passed. (3) This Act extends to Scotland only.

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SCHEDULE 1 Minor Amendments

Section 52(1). The Jury Trials (Scotland) Act 1815 (c.42) 1 In section 20 (common jury summons)— (a) for the words from the beginning to “sheriff principal” there shall be substituted the words “ immediately upon receipt of the authority or precept issued under section 12 of the Court of Session Act 1988, the sheriff principal ”; (b) for the words “to the clerk of the jury” there shall be substituted the words “ to a clerk of ”; (c) the words “by the clerk of the jury court” where they occur for the second time shall cease to have effect. The Sheriff Courts (Scotland) Act 1907 (c.51) 2 After section 38A there shall be inserted the following— Consistorial Causes Lord Advocate as party to action for divorce. 38B (1) The Lord Advocate may enter appearance as a party in any action for divorce, and he may lead such proof and maintain such pleas as he thinks fit, and the sheriff shall, whenever he considers it necessary for the proper disposal of any such action, direct that the action shall be brought to the notice of the Lord Advocate in order that he may determine whether he should enter appearance therein. (2) No expenses shall be claimable by or against the Lord Advocate in any action in which he has entered appearance under this section. Orders with respect to children. 38C (1) In any action for divorce or separation, the sheriff may make, with respect to any child of the marriage to which the action relates, such order (including an interim order) as he thinks fit relating to parental rights, and may vary or recall such order. (2) In this section— (a) “child” and “parental rights” have the same meaning as in section 8 of the Law Reform (Parent and Child)(Scotland) Act 1986; (b) “child of the marriage” includes any child who— (i) is the child of both parties to the marriage, or (ii) is the child of one party to the marriage and has been accepted as a child of the family by the other party. .

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SCHEDULE 2 Repeals

Section 52(2). Part I Enactments Repealed 1594 c.22. | The Declinature Act 1594. | The whole Act. 1672 c.6. | The Summons Execution Act 1672 | The whole Act. 1681 c.79. | The Declinature Act 1681. | The whole Act so far as relating to the Court of Session. 48 Geo. 3. c.151. | The Court of Session Act 1808. | The whole Act. 50 Geo.3. c.112. | The Court of Session Act 1810. | The whole Act. 53 Geo. 3. c.64. | The Court of Session Act 1813. | The whole Act. 55 Geo. 3. c.42 | The Jury Trials (Scotland) Act 1815. | Sections 1 to 19. In section 20 the words “by the clerk of the jury court” where they occur for the second time. Sections 21 to 41. 59 Geo. 3. c.35. | The Jury Trials (Scotland) Act 1819. | The whole Act. 59 Geo. 3. c.45. | The Court of Session Act 1819. | The whole Act. 1 & 2 Geo. 4. c.38. | The Court of Session Act 1821. | The whole Act except section 32. 6 Geo. 4. c.22. | The Jurors (Scotland) Act 1825. | Sections 17 and 19. 6 Geo. 4. c.120. | The Court of Session Act 1825. | Sections 1 to 52. In section 53 the words from the beginning to “sixty days; and” and the words “or sited”. Section 54. 11 Geo. 4 & 1 Wm. 4 c.69. | The Court of Session Act 1830. | Sections 1 to 3. Section 9. Section 11. Sections 15 and 16. Section 19. Section 29, so far as relating to the Court of Session, and the proviso. Section 35. Section 37. Section 40. 2 & 3 Wm. 4. c.5. | The Court of Session Act 1832. | The whole Act. 7 Wm. 4 & 1 Vict. c.14. | The Jury Trials (Scotland) Act 1837. | The whole Act. 1 & 2 Vict. c.86. | The Court of Session (No. 1) Act 1838. | The whole Act. 1 & 2 Vict. c.118. | The Court of Session (No. 2) Act 1838. | The whole Act except section 27. 2 & 3 Vict. c.36. | The Court of Session Act 1839. | Section 1. 13 & 14 Vict. c.36. | The Court of Session Act 1850. | The whole Act except section 16. 19 & 20 Vict. c.56. | The Exchequer Court (Scotland) Act 1856. | Sections 2 to 4. Section 13. In section 14 the words from “and such application” to “proper”. Sections 15 and 16. Sections 19 to 23. Sections 25 to 28. Section 44. Schedule G. 20 & 21 Vict. c.18. | The Bill Chamber Procedure Act 1857. | The whole Act. 20 & 21 Vict. c.56. | The Court of Session Act 1857. | The whole Act. 24 & 25 Vict. c.86. | The Conjugal Rights (Scotland) Amendment Act 1861. | The whole Act except sections 6 and 20. 29 & 30 Vict. c.112. | The Evidence (Scotland) Act 1866. | The whole Act. 31 & 32 Vict. c.100. | The Court of Session Act 1868. | Section 10. Sections 12 and 13. Section 14 in so far as it relates to summonses and petitions. Sections 15 to 44. In section 45 the words from “or at” to “such trial”). Section 46. In section 47 the words from “where the trial” to “town”. Sections 50 to 101. 31 & 32 Vict. c.125. | The Parliamentary Elections Act 1868 | The whole Act. 40 & 41 Vict. c.11. | The Jurisdiction in Rating Act 1877. | In section 3, in the definition of “judge” the words “As to Scotland, any judge of the High Court of Session; and”. 42 & 43 Vict. c.75. | The Parliamentary Elections and Corrupt Practices Act 1879. | The whole Act. 46 & 47 Vict. c.51. | The Corrupt and Illegal Practices Prevention Act 1883. | The whole Act. 52 & 53 Vict. c.54. | The Clerks of Session (Scotland) Regulation Act 1889. | Sections 6 and 7. Section 9. Section 12. 10 Edw. 7 & 1 Geo. 5. c.31. | The Jury Trials Amendment (Scotland) Act 1910. | The whole Act. 18 & 19 Geo. 5. c.34. | The Reorganisation of Offices (Scotland) Act 1928. | Sections 8 and 9. 23 & 24 Geo. 5. c.41. | The Administration of Justice (Scotland) Act 1933. | Sections 2 to 6. Sections 9 to 11. Sections 13 to 18. In section 24, subsection (5). Section 30. In section 40, the definition of “consistorial cause”. 12, 13 & 14 Geo. 6. c.10. | The Administration of Justice (Scotland) Act 1948. | The whole Act. 12 & 13 Geo. 6. c.27. | The Juries Act 1949. | Schedule 1 so far as relating to the Court of Session Act 1868. 1968 c.5. | The Administration of Justice Act 1968. | The whole Act so far as relating to Scotland. 1972 c.59. | The Administration of Justice (Scotland) Act 1972. | Section 2. 1977 c.38. | The Administration of Justice Act 1977. | Section 29(1). 1980 c.55. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980. | Section 1(6)(b). 1983 c.12. | The Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983. | In Schedule 1, paragraphs 5 and 8. 1985 c.6. | The Companies Act 1985. | In section 425(5) the words from “in pursuance” to “1933”. 1985 c.73. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. | In Schedule 2, paragraph 8. 1986 c.9. | The Law Reform (Parent and Child) (Scotland) Act 1986. | In Schedule 1, paragraph 2. 1986 c.45. | The Insolvency Act 1986. | In section 120(2) the words from “in pursuance” to the end. In section 162(2) the words from “in pursuance” to “1933”. 1986 c.55. | The Family Law Act 1986 | In Schedule 1, paragraph 1. Part II Repealed Enactments which are Re-enacted 48 Geo. 3 c.151. | The Court of Session Act 1808 | Section 15 except the words “to which such Lords Ordinary belong”. Section 17 except the words “or any four of the judges thereof”. Sections 18 to 20. 50 Geo. 3 c.112. | The Court of Session Act 1810 | In section 32 the words from “three judges” to “inner house”. 53 Geo. 3 c.64. | The Court of Session Act 1813. | In section 17 the words from “the endorsation” to the end. 55 Geo. 3 c.42. | The Jury Trials (Scotland) Act 1815. | Section 1. Section 5. In section 6, the proviso. In section 7 the words from “nothwithstanding” to “when necessary”. Section 8 except the words “or judges” and “or by the judge admiral respectively”. In section 21 the words from “in challenging” to the end. In section 29 the words from the beginning to “be allowed”. Section 33 except the words from “to be afterwards” to the end. 59 Geo. 3 c.45. | The Court of Session Act 1819. | Section 1 in so far as it enables the senior Lord Ordinary to fill a vacancy arising in the Inner House. 1 & 2 Geo. 4. c.38. | The Court of Session Act 1821. | Section 1 except the words “advocation and” and “either for the lord ordinary on the bills or”. 6 Geo. 4 c.120. | The Court of Session Act 1825. | Section 1. Section 5 so far as relating to appeal to the House of Lords. In section 17 the words from “every interlocutor” to the end. In section 21 the words from “the judgment” to the end. Section 23. Section 28 except the words from “all actions on account of any injury to moveables” to “seduction”, from “all actions on the responsibility” to “nuisance” and from “all actions on policies” to the end and except so far as relating to the jury court and Court of Admirality. In section 40 the words from the beginning to “in the interlocutor” and from “and further” to “of the case” but only in relation to proofs in sheriff courts. In section 46 the words from “and in the event” to the end. 1 & 2 Vict. c.86. | The Court of Session (No. 1) Act 1838. | In section 4 the words from “in all cases” to “interim possession”. In section 5 the words from the beginning to “Session”. 13 & 14 Vict. c.36. | The Court of Session Act 1850. | Section 25. Section 28 except the words “without the necessity of such special allowance”. Section 35. Section 42. 19 & 20 Vict. c.56. | The Exchequer Court (Scotland) Act 1856. | Sections 2 and 3. Section 20. Sections 22 and 23. Section 25. 20 & 21 Vict. c.56. | The Court of Session Act 1857. | Section 5 so far as relating to petitions. Section 6 so far as relating to petitions. 24 & 25 Vict. c.86. | The Conjugal Rights (Scotland) Amendment Act 1861. | Sections 8 and 9. In section 13, the proviso. 29 & 30 Vict. c.112. | The Evidence (Scotland) Act 1866. | Section 1 in so far as it authorises the taking of proof before the Lord Ordinary. Section 2. Section 3 except the words from “and where” to the end. Section 4. Section 6. 31 & 32 Vict. c.100. | The Court of Session Act 1868. | Section 36. Section 44 except the words from “and if” to the end. Section 59. Section 60 except the words from “the printed” to “or to direct that”. In section 61 the words from the beginning to “verdict”. Sections 62 and 63. Section 72 so far as relating to appeals from the sheriff, except the words “although such law is not pleaded on the record”. Section 74 so far as relating to transmission of sheriff court causes. Section 89. In section 91 the words from the beginning to “seem proper”. In section 92, the last sentence. Section 100(2). 31 & 32 Vict. c.125. | The Parliamentary Elections Act 1868 | Section 58. 40 & 41 Vict. c.11. | The Jurisdiction in Rating Act 1877. | In section 3, in the definition of “judge” the words “As to Scotland, any judge of the High Court of Session, and”. 42 & 43 Vict. c.75. | The Parliamentary Elections and Corrupt Practices Act 1879. | Section 2. 46 & 47 Vict. c.51. | The Corrupt and Illegal Practices Prevention Act 1883. | Section 42. 10 Edw. 7 & 1 Geo. 5 c.31. | The Jury Trials Amendment (Scotland) Act 1910. | Section 2. 23 & 24 Geo. 5 c.41. | The Administration of Justice (Scotland) Act 1933. | Section 2(1). Section 3(2). Section 4 so far as it relates to the regulation of the powers of the vacation judge by act of sederunt. In section 6, subsections (4) and (7). In section 10, subsections (1) and (6) to (8). In section 11, subsections (1) and (2). Section 14 so far as providing competence for reclaiming. Section 15 so far as relating to power to prescribe form of extract of decree. Sections 16 and 17. Section 18 except proviso (i) to subsection (3). Section 24(5). 12, 13 and 14. Geo. 6. c.10. | The Administration of Justice (Scotland) Act 1948. | Section 1 except the words from “when” to “thirteen”. Sections 2 and 3. 12 & 13 Geo. 6 c.27. | The Juries Act 1949. | Schedule 1 so far as relating to the Court of Session Act 1868. 1968 c. 5. | The Administration of Justice Act 1968. | Section 1 so far as relating to Scotland. 1972 c. 59. | The Administration of Justice (Scotland) Act 1972. | Section 2. 1977 c.38. | The Administration of Justice Act 1977. | Section 29(1). 1983 c.12. | The Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983. | In Schedule 1, paragraph 8. 1985 c.73. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. | In Schedule 2, paragraph 8. 1986 c.9. | The Law Reform (Parent and Child)(Scotland) Act 1986. | In Schedule 1, paragraph 2. Part III Repealed Enactments which are not Re-enacted 1594 c.22. | The Declinature Act 1594. | The whole Act. 1672 c.6. | The Summons Execution Act 1672. | The whole Act. 1681 c.79. | The Declinature Act 1681. | The whole Act so far as relating to the Court of Session. 48 Geo. 3 c.151. | The Court of Session Act 1808. | Section 1. Section 4. Section 6. Section 10. Section 13. In section 15 the words “to which such Lords Ordinary belong”. In section 17 the words “or any four of the judges thereof”. Section 21. 50 Geo. 3 c.112. | The Court of Session Act 1810. | Section 11. Section 13. Sections 18 to 25. Sections 28 to 30. Section 32 except the words from “three judges” to “inner house”. Sections 33 to 38. Section 48. Sections 51 and 52. The Schedules. 53 Geo. 3 c.64. | The Court of Session Act 1813. | Section 1. Section 7. Section 14. Section 17 except the words from “the endorsation” to the end. 55 Geo. 3 c.42. | The Jury Trials (Scotland) Act 1815. | Section 6 except the proviso. Section 7 except the words from “notwithstanding” to “when necessary”. In section 8 the words “or judges” and “or by the judge admiral respectively.” Section 9. Section 12. Sections 15 to 17. Section 19. In section 20 the words “by the clerk of the jury court” where they occur for the second time. In section 21 the words from the beginning to “Provided always that”. Section 22. Section 23. Section 28. In section 29 the words after “be allowed”. In section 33 the words from “to be afterwards” to the end. Section 39. Section 41. 59 Geo. 3 c.35. | The Jury Trials (Scotland) Act 1819. | Sections 7 to 9. Sections 13 and 14. Section 17. Section 19. Sections 26 and 27. Section 35. 59 Geo. 3 c.45. | The Court of Session Act 1819. | Section 1 except in so far as it enables the senior Lord Ordinary to fill a vacancy arising in the Inner House. Section 3. Section 6. 1 & 2 Geo. 4 c.38. | The Court of Session Act 1821. | In section 1 the words “advocation and” and “either for the Lord Ordinary on the bills or”. Section 3. Section 9. Sections 11 to 14. Section 18. Section 24. Sections 26 and 27. Sections 29 to 31. 6 Geo. 4 c.22. | The Jurors (Scotland) Act 1825. | Sections 17 and 19. 6 Geo. 4 c.120. | The Court of Session Act 1825. | Section 5 except so far as relating to appeal to the House of Lords. Sections 11 and 12. In section 17 the words from the beginning to “in part; and”. Section 20. In section 21 the words from the beginning to “expenses; and”. Section 22. Sections 24 to 26. In section 28 the words from “all actions on account of any injury to moveables” to “seduction”, from “all actions on the responsibility” to “nuisance” and from “all actions on policies” to the end and that section so far as relating to the jury court and the Court of Admiralty. Section 33. Section 35. Section 40 so far as relating to proofs in inferior courts other than sheriff courts and in that section the words from “Provided however” to “repealed” and from “but it is” to the end. Section 44. Section 45. In section 46 the words from the beginning to “other division”. Sections 47 and 48. Sections 51 and 52. In section 53 the words from the beginning to “sixty days; and” and the words “or cited”. Section 54. 11 Geo. 4 & 1 Will. 4 c.69. | The Court of Session Act 1830. | Sections 1 to 3. Section 9. Section 11. Sections 15 and 16. Section 19. Section 29, so far as relating to the Court of Session, and the proviso. Section 35. Section 37. Section 40. 2 & 3 Will. 4 c.5. | The Court of Session Act 1832. | The whole Act. 7 Will. 4 & 1 Vict. c.14. | The Jury Trials (Scotland) Act 1837. | The whole Act. 1 & 2 Vict. c.86. | The Court of Session (No. 1) Act 1838. | Section 4 except the words from “in all cases” to “interim possession”. In section 5 the words from “by lodging” to the end. Section 6. 1 & 2 Vict. c.118. | The Court of Session (No. 2) Act 1838. | Section 1. Section 4. Section 14. Section 17. Section 21. Section 24. Section 26. Sections 28 and 29. The Schedule. 2 & 3 Vict. c.36. | The Court of Session Act 1839. | Section 1. 13 & 14 Vict. c.36. | The Court of Session Act 1850. | Section 5. Sections 7 and 8. Sections 17 to 20. Sections 22 and 23. Sections 26 and 27. In section 28 the words “without the necessity of such special allowance”. Section 29. Section 32. Section 36. Sections 39 to 41. Sections 44 to 53. Schedule (B). 19 & 20 Vict. c.56. | The Exchequer Court (Scotland) Act 1856. | Section 4. Section 13. In section 14 the words from “and such application” to “proper”. Sections 15 and 16. Section 19. Sections 26 to 28. Section 44. Schedule G. 20 & 21 Vict. c.18. | The Bill Chamber Procedure Act 1857. | The whole Act. 20 & 21 Vict. c.56. | The Court of Session Act 1857. | Section 5 so far as relating to applications and reports. Section 6 so far as relating to applications and reports. Section 8. 24 & 25 Vict. c.86. | The Conjugal Rights (Scotland) Amendment Act 1861. | Section 10. Section 13 except the proviso. Section 19. 29 & 30 Vict. c.112. | The Evidence (Scotland) Act 1866. | Section 1 except in so far as it authorises the taking of proof before the Lord Ordinary. In section 3 the words from “and where” to the end. 31 & 32 Vict. c.100. | The Court of Session Act 1868. | Section 10. Sections 12 and 13. Section 14 in so far as it relates to summonses and petitions. Sections 15 to 17. Sections 20 to 22. Sections 25 and 26. Sections 28 to 30. Section 32. Sections 34 and 35. Sections 37 and 38. Sections 40 and 41. Section 43. In section 44 the words from “and if” to the end. In section 45 the words from “or at” to “such trial)”. Section 46. In section 47 the words from “where the trial” to “town” Section 50. Sections 52 and 53. Sections 56 to 58. In section 60 the words from “the printed” to “or to direct that”. In section 61 the words from “but this” to the end. Sections 65 to 71. In section 72 the words “although such law is not pleaded on the record” and that section except so far as relating to appeals from the sheriff. Section 73. Section 74 except so far as relating to transmission of sheriff court causes. Sections 76 to 88. Section 90. In section 91 the words from “and such petitions” to the end. Section 92 except the last sentence. Section 93. Sections 95 to 99. Section 100(1). Section 101. 31 & 32 Vict. c.125. | The Parliamentary Elections Act 1868. | Section 1. 42 & 43 Vict. c.75. | The Parliamentary Elections and Corrupt Practices Act 1879. | Section 1. 46 & 47 Vict. c.51. | The Corrupt and Illegal Practices Prevention Act 1883. | Section 65. 52 & 53 Vict. c.54. | The Clerks of Session (Scotland) Regulation Act 1889. | Sections 6 and 7. Section 9. Section 12. 10 Edw. 7 & 1 Geo. 5 c.31. | The Jury Trials Amendment (Scotland) Act 1910. | Sections 3 and 4. 18 & 19 Geo. 5. c.34. | The Reorganisation of Offices (Scotland) Act 1928. | Sections 8 and 9. 23 & 24 Geo. 5. c.41. | The Administration of Justice (Scotland) Act 1933. | Section 2(2). Section 3(1). Section 4 except so far as it relates to the regulation of the powers of the vacation judge by act of sederunt. Section 5. In section 6, subsections (1) to (3) and (5) and (6). Section 9. In section 10, subsections (2) to (5). Section 11(3). Section 13. Section 14 so far as relating to procedure. Section 15 except so far as relating to power to prescribe form of extract of decree. In section 18(3), proviso (i). Section 30. In section 40, the definition of “consistorial cause”. 12, 13 & 14 Geo. 6. c.10. | The Administration of Justice (Scotland) Act 1948. | In section 1 the words from “when” to “thirteen” Section 5. 1968 c.5. | The Administration of Justice Act 1968. | Section 2. 1980 c.55. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980. | Section 1(6)(b). 1983 c.12. | The Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983. | In Schedule 1, paragraph 5. 1985 c.6. | The Companies Act 1985. | In section 425(5) the words from “in pursuance” to “1933”. 1986 c.45. | The Insolvency Act 1986. | In section 120(2) the words from “in pursuance” to the end. In section 162(2) the words from “in pursuance” to “1933”. 1986 c.55. | The Family Law Act 1986. | In Schedule 1, paragraph 1.

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