Part I S Constitution, Organisation and Administration

[F1 Functions of the sheriff principal in relation to sheriffs, etc. S

Textual Amendments

F1 Ss. 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)

16 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 [F2 carrying 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) [F3 provide 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 [F6 or by any part-time sheriffs], in addition to or in place of the sheriff [F7 or 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 [F9 for 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 [F11 Lord 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 [F13 subsections (2) and (2A)] above “sheriff” shall not include [F14 a part-time or] an honorary sheriff.]

Textual Amendments

F2 Words 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.

F3 Words 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.

F4 Word in s. 16(1)(a) repealed (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(11)(a)(i)

F5 Words in s. 16 (1)(a) inserted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(11)(a)(i)

F6 Words in s. 16(1)(b) inserted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(11)(a)(ii)

F7 Words in s. 16(1)(b) inserted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(11)(a)(iii)

F8 S. 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.

F9 Words 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.

F10 Words 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.

F11 Words in s. 16(2) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 56(2)(c), 76; S.S.I. 2010/39, art. 2(b), Sch.

F12 S. 16(2A) inserted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 56(3), 76; S.S.I. 2010/39, art. 2(b), Sch.

F13 Words in s. 16(3) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 56(4), 76; S.S.I. 2010/39, art. 2(b), Sch.

F14 Words in s. 16(3) inserted (9.8.2000) by 2000 asp 9, s. 12, Sch. para. 1(11)(b)