Part VII Supplementary

51 Interpretation

In this Act unless the context otherwise requires—

  • “action” means a cause initiated by a summons;

  • “the Court” means the Court of Session and, in any provision conferring a power on the Court with regard to a cause before it, means, as the case may be, a Division of the Inner House, a Division sitting with an additional judge or judges or a Lord Ordinary;

  • “enactment” includes an act of sederuntF1and an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

  • “the Inner House” means, in any provision conferring power on it, a Division thereof;

  • “the Lord President” means the Lord President of the Court of Session;

  • “prescribed” means prescribed by act of sederunt;

  • “solicitor” has the same meaning as in section 65(1) of the M1Solicitors (Scotland) Act 1980.

52 Consequential amendments, repeals and savings.

1

The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.

2

The enactments mentioned in Part I of Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule; and Parts II and III of that Schedule respectively show the extent to which the aforesaid enactments are re-enacted (with or without amendment) in this Act or are repealed without re-enactment as being no longer of practical utility or being spent or unnecessary.

F23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In so far as any appointment, act of sederunt or regulations made under any enactment repealed and re-enacted by this Act, or any other thing done under any such enactment, could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by this section but shall have effect as if made or done under that corresponding provision.

5

Where any Act or any document refers, either expressly or by implication, to an enactment repealed and re-enacted by this Act, the reference shall, except where the context otherwise requires, be construed as a reference to the corresponding provision of this Act.

6

Nothing in this section shall be taken as prejudicing the operation of sections 16 and 17 of the M2Interpretation Act 1978 (general savings and repeal and re-enactment).

53 Short title, commencement and extent.

1

This Act may be cited as the Court of Session Act 1988.

2

This Act shall come into force on the expiry of the period of 2 months beginning with the date on which it is passed.

3

This Act extends to Scotland only.