Introductory Text
Part I Constitution and Administration of the Court
1. Number of judges of Court.
2. Composition of Court.
3. Exchequer causes.
4. Power of judges to act in cases relating to rates and taxes.
Part II General Powers of the Court in Relation to Procedure
5. Power to regulate procedure etc. by act of sederunt.
5A.Rules for lay representation
6. Allocation of business etc. by act of sederunt.
7. Fees on remit to accountants etc.
8. Rules Council.
Part III Ordinary Actions
Proof
9. Allowing of proof by Lord Ordinary.
10. Evidence on commission in Outer House.
11. Jury actions.
Trial by jury
12. Summoning of jury.
13. Selection of jury.
14. Application for view by jury.
15. Illness or death of juror during trial.
16. Trial to proceed despite objection to opinion and direction of judge.
17. Return of verdict.
Judgment
18. Lord Ordinary’s judgment final in Outer House.
Part IV Other Causes
Consistorial causes
19. Lord Advocate as party to action for nullity of marriage or divorce.
20. Other Causes
Exchequer causes
21. Exchequer causes to have precedence.
22. Lord Advocate to sue and be sued on behalf of the Crown.
23. Lord Advocate may be heard last.
24. Appeal to Supreme Court.
Petitions
25. Disposal of petitions initiated in Outer House.
Summary trials
26. Summary trials.
Special cases
27. Special cases.
Applications to the supervisory jurisdiction of the Court
27A.Time limits
27B.Requirement for permission
27C. Oral hearings where permission refused, etc.
27D.Appeals following oral hearings
Part V Appeal and Review
Reclaiming
28. Reclaiming.
Review in jury actions
29. Application for new trial.
30. Restrictions on granting of application for new trial.
31. Verdict may be returned subject to opinion of Inner House on point reserved.
31A.Power to provide for single judge of Inner House to determine leave or permission and assess grounds of appeal
Appeals and transmissions from sheriff
32. Appeals.
33. Transmissions from sheriff to Court on ground of contingency.
Review by suspension
34. Suspension of decrees of Court granted in absence.
35. Suspension of sheriff court decree.
Rehearing and additional proof in Inner House
36. Rehearing by larger court of causes pending in Inner House.
37. Additional proof ordered by Inner House.
38. Evidence on commission in Inner House.
Judgment in Inner House
39. Inner House judgment final in Court of Session.
Appeals to Supreme Court
40.Appeals to the Supreme Court
40A.Permission for appeal under section 40
41. Interim possession, execution and expenses.
42.Supreme Court may make order on payment of interest.
43. Interest and expenses where appeal dismissed for want of prosecution.
Part VI Miscellaneous Provisions
44. Selection of judges for trial of election petitions.
45. Restoration of possession and specific performance.
46. Specific relief may be granted in interdict proceedings.
47. Interim interdict and other interim orders.
47A.Power to grant warrant for ejection
48. Right of audience of solicitor before the court.
48A. Further provision as to rights of audience.
49. Subscription of bill for letters of inhibition.
50. Copy of interlocutor granting commission and diligence to be equivalent to formal extract.
Part VII Supplementary
51. Interpretation
52. Consequential amendments, repeals and savings.
53. Short title, commencement and extent.
SCHEDULES
SCHEDULE 1
Minor Amendments
The Jury Trials (Scotland) Act 1815 (c.42)
1.In section 20 (common jury summons)— (a) for the words...
The Sheriff Courts (Scotland) Act 1907 (c.51)
2.After section 38A there shall be inserted the following— Consistorial...
SCHEDULE 2
Repeals
Part I Enactments Repealed
Part II Repealed Enactments which are Re-enacted
Part III Repealed Enactments which are not Re-enacted