17ALord President’s power to exercise functions in sections 15 to 17

1

Subsection (2) applies where in any case the Lord President considers that the exercise by the sheriff principal of a sheriffdom of a function conferred by any of sections 15 to 17 of this Act—

a

is prejudicial to the efficient disposal of business in the sheriff courts of that sheriffdom,

b

is prejudicial to the efficient organisation or administration of those sheriff courts, or

c

is otherwise against the interests of the public.

2

The Lord President may in that case—

a

rescind the sheriff principal’s exercise of the function, and

b

exercise the function.

3

Subsection (2)(b) applies where in any case the Lord President considers that the failure of the sheriff principal of a sheriffdom to exercise a function conferred by any of sections 15 to 17 of this Act—

a

is prejudicial to the efficient disposal of business in the sheriff courts of that sheriffdom,

b

is prejudicial to the efficient organisation or administration of those sheriff courts, or

c

is otherwise against the interests of the public.

4

The exercise of a function by the Lord President by virtue of subsection (2)(b) is to be treated as if it were the exercise of the function by the sheriff principal.