Court of Session Act 1988

1. Introductory Text

2. Part I Constitution and Administration of the Court

   1. 1. Number of judges of Court.

   2. 2. Composition of Court.

   3. 3. Exchequer causes.

   4. 4. Power of judges to act in cases relating to rates and taxes.

3. Part II General Powers of the Court in Relation to Procedure

   1. 5. Power to regulate procedure etc. by act of sederunt.

   2. 5A. Rules for lay representation

   3. 6. Allocation of business etc. by act of sederunt.

   4. 7. Fees on remit to accountants etc.

   5. 8. Rules Council.

4. Part III Ordinary Actions

   1. Proof

      1. 9. Allowing of proof by Lord Ordinary.

      2. 10. Evidence on commission in Outer House.

      3. 11. Jury actions.

   2. Trial by jury

      1. 12. Summoning of jury.

      2. 13. Selection of jury.

      3. 14. Application for view by jury.

      4. 15. Illness or death of juror during trial.

      5. 16. Trial to proceed despite objection to opinion and direction of judge.

      6. 17. Return of verdict.

   3. Judgment

      1. 18. Lord Ordinary’s judgment final in Outer House.

5. Part IV Other Causes

   1. Consistorial causes

      1. 19. Lord Advocate as party to action for nullity of marriage or divorce.

      2. 20. Other Causes

   2. Exchequer causes

      1. 21. Exchequer causes to have precedence.

      2. 22. Lord Advocate to sue and be sued on behalf of the Crown.

      3. 23. Lord Advocate may be heard last.

      4. 24. Appeal to Supreme Court.

   3. Petitions

      1. 25. Disposal of petitions initiated in Outer House.

   4. Summary trials

      1. 26. Summary trials.

   5. Special cases

      1. 27. Special cases.

   6. Applications to the supervisory jurisdiction of the Court

      1. 27A. Time limits

      2. 27B. Requirement for permission

      3. 27C. Oral hearings where permission refused, etc.

      4. 27D. Appeals following oral hearings

6. Part V Appeal and Review

   1. Reclaiming

      1. 28. Reclaiming.

   2. Review in jury actions

      1. 29. Application for new trial.

      2. 30. Restrictions on granting of application for new trial.

      3. 31. Verdict may be returned subject to opinion of Inner House on point reserved.

      4. 31A. Power to provide for single judge of Inner House to determine leave or permission and assess grounds of appeal

   3. Appeals and transmissions from sheriff

      1. 32. Appeals.

      2. 33. Transmissions from sheriff to Court on ground of contingency.

   4. Review by suspension

      1. 34. Suspension of decrees of Court granted in absence.

      2. 35. Suspension of sheriff court decree.

   5. Rehearing and additional proof in Inner House

      1. 36. Rehearing by larger court of causes pending in Inner House.

      2. 37. Additional proof ordered by Inner House.

      3. 38. Evidence on commission in Inner House.

   6. Judgment in Inner House

      1. 39. Inner House judgment final in Court of Session.

   7. Appeals to Supreme Court

      1. 40. Appeals to the Supreme Court

      2. 40A. Permission for appeal under section 40

      3. 41. Interim possession, execution and expenses.

      4. 42. Supreme Court may make order on payment of interest.

      5. 43. Interest and expenses where appeal dismissed for want of prosecution.

7. Part VI Miscellaneous Provisions

   1. 44. Selection of judges for trial of election petitions.

   2. 45. Restoration of possession and specific performance.

   3. 46. Specific relief may be granted in interdict proceedings.

   4. 47. Interim interdict and other interim orders.

   5. 47A. Power to grant warrant for ejection

   6. 48. Right of audience of solicitor before the court.

   7. 48A. Further provision as to rights of audience.

   8. 49. Subscription of bill for letters of inhibition.

   9. 50. Copy of interlocutor granting commission and diligence to be equivalent to formal extract.

8. Part VII Supplementary

   1. 51. Interpretation

   2. 52. Consequential amendments, repeals and savings.

   3. 53. Short title, commencement and extent.

9. SCHEDULES

   1. SCHEDULE 1

      Minor Amendments

      1. The Jury Trials (Scotland) Act 1815 (c.42)

         1. 1. In section 20 (common jury summons)— (a) for the words...

      2. The Sheriff Courts (Scotland) Act 1907 (c.51)

         1. 2. After section 38A there shall be inserted the following— Consistorial...

   2. SCHEDULE 2

      Repeals

      1. Part I Enactments Repealed

      2. Part II Repealed Enactments which are Re-enacted

      3. Part III Repealed Enactments which are not Re-enacted