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Revised Statute from The UK Statute Law Database

Sheriff Courts (Scotland) Act 1971 (c. 58)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Sheriff Courts (Scotland) Act 1971

1971 CHAPTER 58

Contents

Go to Preamble

  1. Part I

    Constitution, Organisation and Administration

    1. General duty of the Secretary of State

      1. 1. Secretary of State to be responsible for organisation and administration of sheriff courts

    2. Sheriffdoms

      1. 2. Power of Secretary of State to alter sheriffdoms

    3. Sheriff court districts and places where sheriff courts are to be held

      1. 3. Sheriff court districts and places where sheriff courts are to be held

    4. Sheriffs principal and sheriffs

      1. 4. Offices of sheriff principal and sheriff

      2. 5. Qualification for offices of sheriff principal and sheriff

      3. 5A.Retiring age for sheriff principal and sheriff

      4. 6. Disqualification of sheriffs principal and sheriffs

      5. 7. Jurisdiction of sheriff

      6. 8. Sheriff may be appointed to assist Secretary of State

    5. Functions of the Secretary of State in relation to sheriffs principal, sheriffs, etc

      1. 9. Power of Secretary of State to give administrative directions

      2. 10. Secretary of State may authorise sheriff principal or direct sheriff to act in another sheriffdom

      3. 11. Secretary of State may appoint temporary sheriffs principal and sheriffs

      4. 11A. Appointment of part-time sheriffs

      5. 11B. Limitation, termination etc. of appointment of part-time sheriffs

      6. 11C. Removal of part-time sheriffs from office

      7. 11D. Regulations and orders under sections 11A and 11C

      8. 12. Removal from office, and suspension, of sheriff principal or sheriff

      9. 13. Functions of Secretary of State with respect to residence and leave of absence of sheriffs principal

      10. 14. Functions of Secretary of State with respect to number, residence and place of duties of sheriffs

    6. Functions of the sheriff principal in relation to sheriffs, etc

      1. 15. General functions of sheriff principal

      2. 16. Functions of sheriff principal with respect to duties and leave of absence of sheriffs

      3. 17. Sheriff principal may fix sittings and business of sheriff courts in sheriffdom, and sessions for civil business

      4. 18. Secretary of State may exercise certain functions of sheriff principal in certain circumstances

    7. Miscellaneous

      1. 19. Travelling allowances for sheriffs principal

      2. 20. Extension of purposes for which Lord Advocate may give instructions to procurators fiscal

      3. 21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 22. Saving for existing functions

  2. Part II

    Court houses, buildings and offices

    1. 23. Transfer of court houses to Secretary of State

    2. 24. Provision and maintenance of court houses by Secretary of State

    3. 25. Use of public buildings for holding of courts

    4. 26. Use of court houses by third parties

    5. 27. Compensation for officers and servants

    6. 28. Repeal and amendment of local enactments

    7. 29. Determination of disputes

    8. 30. Interpretation of Part II

  3. Part III

    Civil jurisdiction, procedure and appeals

    1. 31. Upper limit to privative jurisdiction of sheriff court to be £250

    2. Regulation of procedure in civil proceedings

      1. 32. Power of Court of Session to regulate civil procedure in sheriff court

      2. 33. Sheriff Court Rules Council

      3. 34. Functions of Sheriff Court Rules Council

    3. Summary causes

      1. 35. Summary causes

      2. 36. Procedure in summary causes

      3. 36A. Further provisions as to small claims

      4. 36B. Expenses in small claims

      5. 37. Remits

      6. 38. Appeal in summary causes

    4. Miscellaneous and supplemental

      1. 39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 41. Power of Her Majesty to vary limit to privative jurisdiction of sheriff court, etc

      4. 42. Application of provisions regarding jurisdiction and summary causes

  4. Part IV

    Miscellaneous and General

    1. 43. Orders, etc

    2. 44. Expenses

    3. 45. Interpretation

    4. 46. Amendment and repeal of enactments

    5. 47. Short title, commencement and extent

  5. SCHEDULE 1

    Minor and Consequential Amendment of Enactments

  6. SCHEDULE 2

    Repeal of Enactments

An Act to amend the law with respect to sheriff courts in Scotland, and for purposes connected therewith.

[27th July 1971]

Annotations:

Extent Information

E1Act: (except s. 4) extends to Scotland only, see s. 47(3)

Commencement Information

I1Act not in force at Royal Assent, see s. 47(2); Act wholly in force at 1.9.1976, see S.I.s 1971/1582, 1973/276 and 1976/236

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