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Court of Session Act 1988

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Court of Session Act 1988, Part II is up to date with all changes known to be in force on or before 01 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part IIS Repealed Enactments which are Re-enacted

48 Geo. 3 c.151.The Court of Session Act 1808Section 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 1810In 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 1868Section 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.

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