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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

136Interpretation

This section has no associated Explanatory Notes

(1)In this Act, unless the context requires otherwise—

  • “advocate” means a member of the Faculty of Advocates,

  • “all-Scotland sheriff court” is to be construed in accordance with section 42(7),

  • “civil proceedings” includes—

    (a)

    proceedings under the Children’s Hearings (Scotland) Act 2011, and

    (b)

    proceedings for contempt of court where the contempt—

    (i)

    arises in, or in connection with, civil proceedings, or

    (ii)

    relates to an order made in civil proceedings,

  • “decision”, in relation to a sheriff, judge or court, includes interlocutor, order or judgment,

  • “final judgment” means a decision which, by itself, or taken along with previous decisions, disposes of the subject matter of proceedings, even though judgment may not have been pronounced on every question raised or expenses found due may not have been modified, taxed or decerned for,

  • “sheriff clerk” includes sheriff clerk depute,

  • “solicitor” means a solicitor enrolled in the roll of solicitors kept under section 7 of the Solicitors (Scotland) Act 1980.

(2)In this Act, references to the judiciary of a sheriffdom are, in relation to a sheriffdom, references to the following—

(a)the sheriff principal of the sheriffdom,

(b)any other sheriff principal so far as authorised under section 30 to perform the functions of the sheriff principal of the sheriffdom,

(c)any temporary sheriff principal appointed for the sheriffdom,

(d)the sheriffs and summary sheriffs of the sheriffdom,

(e)any other sheriffs or summary sheriffs so far as directed under section 31 to perform the functions of sheriff or summary sheriff in the sheriffdom,

(f)any part-time sheriffs and part-time summary sheriffs for the time being sitting in the sheriffdom,

(g)any person appointed under section 12(1) to act as a sheriff or summary sheriff of the sheriffdom,

and references to a “member” of the judiciary of a sheriffdom are to be construed accordingly.

(3)In this Act, references to proceedings in the sheriff court are references to proceedings before any member of the judiciary of a sheriffdom.

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