Court of Session Act 1821 (repealed)

32 Office of auditor of the Court of Session to be made permanent. During temporary indisposition, &c. a person to be appointed to discharge the duties of auditor. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 The office of auditor of accounts shall hereafter be and remain a permanent office in the Court of Session, and the person at present filling the said office shall continue to hold the same ad vitam aut culpam, with power nevertheless to his Majesty to appoint another auditor of accounts, so that there may be an auditor of accounts for each division, whenever it shall be certified to his Majesty, by the lord president of the Court of Session and the lord justice clerk, that in the opinion of the court the due dispatch of the business of the said office shall require that there shall be two such auditors, every such auditor being a fit and proper person, who shall have practised for not less than three years as a writer to the signet or as a member of the incorporation of solicitors before the supreme courts in Scotland; and every person filling the said office shall, in virtue of his appointment, be a member of the College of Justice, and shall hold the same ad vitam aut culpam; and upon every vacancy in the said office by death, resignation, or otherwise, it shall be lawful to his Majesty to nominate and appoint a fit and proper person, of the description aforesaid, to supply such vacancy; and no person holding the said office shall under pain of deprivation of office practise either directly or indirectly as an agent before the said Court of Session: Provided always, that in the event that two auditors of account shall be appointed, it shall and may be lawful for the Court of Session, and such Court is hereby empowered, by an Act or Acts of sederunt, to regulate the manner in which the business of the said office shall be performed by the said two auditors, and the manner in which the fees granted by the said recited Act shall be divided between them anything in the said recited Act to the contrary notwithstanding: Provided further, that a copy of every such Act of sederunt shall be transmitted by the president of the Court of Session to his Majesty’s secretary of state for the home department, who shall cause a copy thereof to be laid before each House of Parliament at or immediately after the commencement of the then next session; and upon the expiration of three calendar months after the first day of such session, but not sooner, such Act of sederunt shall become in force in the same manner as if the regulations prescribed therein had been made by the authority of Parliament: provided nevertheless, that in case the auditor shall be unable to discharge the duties of the said office by reason of temporary indisposition or absence, it shall and may be lawful for the said court to appoint a fit and proper person, though continuing to practise as an agent before that court, to discharge the duties of such auditor during the period of such temporary indisposition or absence.

Textual Amendments

F1 Recital omitted under authority of Statute Law Revision Act 1890 (c. 33)

Modifications etc. (not altering text)

C1 Right of appointing Auditor of the Court of Session now vested in Secretary of State and exercisable on nomination by Lord Advocate: Administration of Justice (Scotland) Act 1933 (c. 41), s. 25

C2 Functions of Secretary of State for home department now exercisable by Secretary of State: Secretary for Scotland Act 1887 (c. 52), s. 2(1) and Secretaries of State Act 1926 (c. 18), s. 1(1)