Sheriff Courts (Scotland) Act 1971

Changes over time for: Section 16

Version Superseded: 01/04/2015

Alternative versions:

Status:

Point in time view as at 11/11/2011. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the Sheriff Courts (Scotland) Act 1971, Section 16.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F116 Functions of sheriff principal with respect to duties and leave of absence of sheriffs.S

(1)The sheriff principal of each sheriffdom shall make such arrangements as appear to him necessary or expedient for the purpose of [F2carrying out the responsibility imposed by section 15(1) of this Act], and in particular, but without prejudice to the generality of the foregoing words, may—

(a)[F3provide for the division of business in the sheriff courts of that sheriffdom] between the sheriff principal F4. . .the sheriffs appointed for the sheriffdom [F5, and any part-time sheriffs], and for the distribution of the business (so far as allocated to the sheriffs) amongst those sheriffs;

(b)where any of those sheriffs is by reason of illness or otherwise unable to perform his duties as sheriff, or a vacancy occurs in the office of sheriff in the sheriffdom, or for any other reason it appears to the sheriff principal expedient so to do in order to avoid delay in the administration of justice in the sheriffdom, make special provision of a temporary nature for the disposal of any part of the said business either by the sheriff principal or by any of the sheriffs appointed for the sheriffdom [F6or by any part-time sheriffs], in addition to or in place of the sheriff [F7or part-time sheriff] principal’s or, as the case may be, that sheriff’s own duties;

so, however, that nothing done under this subsection shall enable a sheriff to dispose of business which he does not otherwise have power to dispose of.

[F8(1A)Subsection (1) is subject to section 2(2)(a) and (3) of the Judiciary and Courts (Scotland) Act 2008 (asp 6) (which make the Head of the Scottish Judiciary responsible for maintaining arrangements for securing the efficient disposal of business in the Scottish courts and require compliance with directions given in pursuance of that responsibility).]

(2)The sheriff principal of any sheriffdom may approve such leave of absence [F9for the purpose of holidays] for any sheriff appointed for that sheriffdom as appears to the sheriff principal to be proper, but the amount of leave so approved F10. . . shall not, unless the [F11Lord President of the Court of Session] for special reasons otherwise permits, exceed seven weeks in any year.

[F12(2A)The sheriff principal of any sheriffdom may approve such leave of absence for any other purpose for any sheriff appointed for that sheriffdom as appears to the sheriff principal to be proper.]

(3)In [F13subsections (2) and (2A)] above “sheriff” shall not include [F14a part-time or] an honorary sheriff.]

Textual Amendments

F1Ss. 12A-12F and cross-heading substituted (20.2.2010 for the insertion of s. 12C(5) and 1.4.2010 otherwise) for s. 12 by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 40, 76; S.S.I. 2010/39, art. 2, Sch. (with art. 3)

F2Words in s. 16(1) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 47(3)(a)(i), 76; S.S.I. 2010/39, art. 2(b), Sch.

F3Words in s. 16(1)(a) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 47(3)(a)(ii), 76; S.S.I. 2010/39, art. 2(b), Sch.

F4Word in s. 16(1)(a) repealed (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(11)(a)(i)

F5Words in s. 16 (1)(a) inserted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(11)(a)(i)

F6Words in s. 16(1)(b) inserted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(11)(a)(ii)

F7Words in s. 16(1)(b) inserted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(11)(a)(iii)

F8S. 16(1A) inserted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 47(3)(b), 76; S.S.I. 2010/39, art. 2(b), Sch.

F9Words in s. 16(2) inserted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 56(2)(a), 76; S.S.I. 2010/39, art. 2(b), Sch.

F10Words in s. 16(2) repealed (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 56(2)(b), 76; S.S.I. 2010/39, art. 2(b), Sch.