Constitutional Reform Act 2005

Court of Session Act 1988 (c. 36)

49 (1) The Court of Session Act 1988 is amended as follows.

(2) In section 24 (appeals in exchequer cases), in the sidenote and in subsection (1), for “House of Lords” substitute “Supreme Court”.

(3) In section 27(5) (special cases), for “House of Lords” substitute “Supreme Court”.

(4) In section 32(5) (appeals from sheriff on matters of law only), for “House of Lords” substitute “Supreme Court”.

(5) In the heading before section 40, for “House of Lords” substitute “Supreme Court”.

(6) In section 40 (appealable interlocutors)—

(a) in subsection (1), for “House of Lords” in each place substitute “Supreme Court”;

(b) in subsection (2)—

(i) for “the Court” in each place substitute “the Inner House”; and

(ii) for “House of Lords” in each place substitute “Supreme Court”; and

(c) in each of subsections (3) and (4), for “House of Lords” substitute “Supreme Court”.

(7) In section 41 (interim possession, execution and expenses), in subsections (1) and (2), for “House of Lords” in each place substitute “Supreme Court”.

(8) In section 42 (order on payment of interest) and in its sidenote, for “House of Lords” substitute “Supreme Court”.

(9) In section 43 (interest and expenses where appeal dismissed for want of prosecution), for “House of Lords” substitute “Supreme Court”.

(10) In section 52(3) (appeals relating to estate duty), for “House of Lords” substitute “Supreme Court”.