PART 1SHERIFF COURTS

CHAPTER 3ORGANISATION OF BUSINESS

Sheriff principal's general responsibilities

I129Lord President's power to exercise functions under sections 27 and 28

1

Subsection (2) applies where in any case the Lord President of the Court of Session considers that the exercise by the sheriff principal of a sheriffdom of a function under section 27 or 28—

a

is prejudicial to the efficient disposal of business in the sheriff courts of the sheriffdom,

b

is prejudicial to the efficient organisation or administration of those courts, or

c

is otherwise against the interest 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

Subsections (1) and (2) apply in relation to a failure to exercise a function mentioned in subsection (1) as they apply to the exercise of such a function, but as if paragraph (a) of subsection (2) were omitted.

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.