Sheriff Courts (Scotland) Act 1907

Interim possession etc. pending appeal S

[F1 31.10.] (1) Notwithstanding an appeal, the sheriff or sheriff principal from whose decision an appeal has been taken shall have power—

(a) to regulate all matters relating to interim possession;

(b) to make any order for the preservation of any property to which the action relates or for its sale if perishable;

(c) to make provision for the preservation of evidence; or

(d) to make any interim order which a due regard to the interests of the parties may require.

(2) An order made under paragraph (1) may be reviewed—

(a) by the sheriff principal, on an appeal to him; or

(b) the Court of Session, on an appeal to it.

Textual Amendments

F1 Sch. 1 rule 31.6 renumbered as Sch. 1 rule 31.10 (1.11.1996) by S.I. 1996/2445, para. 3(43)(b)