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Sheriff Courts and Legal Officers (Scotland) Act 1927

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Part IIS Miscellaneous Provisions.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1S

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2S

16 Court of Session may prescribe forms, &c. S

The Court of Session may from time to time by Act of Sederunt prescribe any form of procedure in the sheriff’s ordinary or small debt court or in proceedings for the confirmation of executors, or any other form required in connection with any duty devolving on a sheriff clerk or the form of any register required to be kept by a sheriff clerk and the particulars to be entered therein, and, where any such form as aforesaid is prescribed by any Act of Parliament, the Court may, notwithstanding anything in such Act contained, in the exercise of the power hereinbefore conferred, alter or amend any such form or cancel the same and substitute another form therefor. The foregoing provisions shall not extend to forms of procedure under the Summary Jurisdiction (Scotland) Acts.

Modifications etc. (not altering text)

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3S

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4S

Textual Amendments

19 Calendar of confirmations.S

It shall be lawful for the Secretary of State by Order to direct that the calendar of confirmations and inventories prepared under section forty-five of the M1Sheriff Courts (Scotland) Act 1876, shall contain, in lieu of the particulars specified in the said section, such particulars as may be prescribed in the Order and that copies of such calendar shall be sent to such persons as may be prescribed in lieu of the persons specified in the said section, and to prescribe the particulars which shall be included in the lists or registers furnished by the sheriff clerk to the commissary clerk in pursuance of the said section.

Marginal Citations

20 Summary of complaints at instance of procurator fiscal.S

A complaint under the Summary Jurisdiction (Scotland) Acts at the instance of a person discharging the duties of procurator fiscal for any district, may, in the event of that person dying or ceasing to be entitled to discharge the duties of procurator fiscal for such district, be taken up and proceeded with by any other person entitled to discharge such duties.

21 Amendment of 7 Edw. 7. c.51. S

Rule 85 of the First Schedule to the Sheriff Courts (Scotland) Act, 1907, shall be amended by the substitution for the words “if the same shall not have been sooner appealed against” of the words “unless either an appeal has been taken or leave to appeal has been applied for,” and by the addition at the end of the Rule of the words “provided that an application for leave to appeal shall not preclude the issuing of extract unless leave is granted and an appeal is taken within seven days after leave is granted.”

Modifications etc. (not altering text)

C2The text of s. 21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

22—23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5S

24†Commencement, extent and short title.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(2)This Act shall extend to Scotland only, and may be cited as the Sheriff Courts and Legal Officers (Scotland) Act 1927.

Textual Amendments

Modifications etc. (not altering text)

C3Unreliable marginal note

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