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Part 3The courts

Sheriff courts

49Lord President’s default power

(1)The 1971 Act is amended as follows.

(2)After section 17 insert—

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..

(3)Section 18 (Scottish Ministers' default power) is repealed.