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Succession (Scotland) Act 1964
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- UK Public General Acts
- 1964 c. 41
- Part III
- Section 22
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22 Court of Session may regulate procedure in commissary proceedings.S
(1)The powers exercisable by the Court of Session by act of sederunt under section 18 of the M1Confirmation of Executors (Scotland) Act 1858, section 16 of the M2 Sheriff Courts and Legal Officers (Scotland) Act 1927 and section 34 of the M3Administration of Justice (Scotland) Act 1933 (which empower the court to regulateinter aliaprocedure in proceedings in the sheriff court and in proceedings for the confirmation of executors) shall include power to regulate the procedure to be followed, and to prescribe the form and content of any petition, writ or other document to be used, in connection with the confirmation of executors in cases where, by virtue of this Act, heritable property devolves upon the executor.
(2)Without prejudice to the generality of the powers conferred on the court by the said sections and by this section, the power conferred by the said section 34 to modify, amend or repeal by act of sederunt enactments relating to certain matters shall include power so to modify, amend or repeal any enactment relating to the procedure to be followed in proceedings for the confirmation of executors in such cases as aforesaid.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
[F2(4)Nothing in the foregoing provisions of this section shall affect the power conferred by section 8(14) of the Finance Act 1894 or otherwise on the Commissioners of Inland Revenue to prescribe the form of, or the particulars to be contained in, affidavits and other documents used for the purposes of Part I of that Act.]
Textual Amendments
F2Ss. 19, 22(4) repealed in relation to deaths occurring after 13.4.1975 and, so far as regards certain duties in relation to any death, by Finance Act 1975 (c. 7, SIF 99:3), ss. 52(2), 59, Sch. 13 Pt. I, note (with a saving in s. 52(3) in relation to repayment or allowance in respect of certain sums paid before 13.3.1975 on account)
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