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Sheriff Courts (Scotland) Act 1971
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Version Superseded: 01/04/2010
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10 Secretary of State may authorise sheriff principal or direct sheriff to act in another sheriffdom.S
[F1(1)Where a vacancy occurs in the office of sheriff principal of any sheriffdom the [F2Scottish Ministers] may, if it appears to [F2them] expedient so to do in order to avoid delay in the administration of justice in that sheriffdom, authorise the sheriff principal of any other sheriffdom to perform the duties of sheriff principal in the first-mentioned sheriffdom (in addition to his own duties) until the [F2Scottish Ministers] otherwise [F3decide].
(1A)Where the sheriff principal of any sheriffdom is unable to perform, or rules that he is precluded from performing, all of, or some part of, his duties as sheriff principal the [F4Scottish Ministers] may authorise the sheriff principal of any other sheriffdom to perform the duties of sheriff principal, or as the case may be that part of those duties, in the first-mentioned sheriffdom (in addition to his own duties) until the [F4Scottish Ministers] otherwise [F3decide].]
(2)Where as regards any sheriffdom—
(a)a sheriff is by reason of illness or otherwise unable to perform his duties as sheriff, or
(b)a vacancy occurs in the office of sheriff, or
(c)for any other reason it appears to the [F5Scottish Ministers]expedient so to do in order to avoid delay in the administration of justice in that sheriffdom,
the [F5Scottish Ministers] may direct a sheriff appointed for any other sheriffdom to perform, in accordance with the terms of the direction, the duties of sheriff in the first-mentioned sheriffdom (in addition to or in place of his own duties) until otherwise directed by the [F5Scottish Ministers], and any sheriff to whom a direction is given under this subsection shall give effect to that direction.
(3)A sheriff principal authorised, or a sheriff directed, under this section to perform duties in any sheriffdom shall for that purpose, without the necessity of his receiving a commission in that behalf, have and be entitled to exercise the jurisdiction and powers attaching to the office of sheriff principal or, as the case may be, sheriff in that sheriffdom.
(4)[F6The Scottish Ministers may], pay to a sheriff principal or a sheriff, in respect of any duties performed by that sheriff principal or sheriff (in addition to his own duties) in pursuance of an authority or direction under this section, such remuneration and allowances as may appear to the Secretary of State [F7,with the consent of the Treasury,] to be reasonable in all the circumstances.
(5)In this section “sheriff” does not include an honorary [F8or a part-time] sheriff.
Textual Amendments
F1S. 10(1)(1A) substituted for subsection (1) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3), s. 10(a)
F2Words in s. 10(1) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 50(3)(a)(b)
F3Word in s. 10(1)(1A) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 50(3)(c)
F4Words in s. 10(1A) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 50(3)(a)
F5Words in s. 10(2) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 50(3)(a)
F6Words in s. 10(4) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 50(3)(d)(i)
F7Words in s. 10(4) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 50(3)(d)(ii)
F8Words in s. 10(5) inserted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(6)
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