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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

30Power to authorise a sheriff principal to act in another sheriffdom
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(1)Subsection (2) applies where, in relation to a sheriffdom (“sheriffdom A”)—

(a)a vacancy occurs in the office of sheriff principal,

(b)the Lord President of the Court of Session believes that the sheriff principal is unable to perform all or some of the functions of the office, or

(c)the sheriff principal rules that he or she is precluded from performing all or some of those functions.

(2)The Lord President may authorise the sheriff principal of another sheriffdom (“sheriffdom B”) to perform the functions of sheriff principal in sheriffdom A (in addition to sheriffdom B) until the Lord President decides otherwise.

(3)The authorisation may be made for the purpose of the performance of—

(a)all of the functions of the sheriff principal of sheriffdom A, or

(b)only those functions that that sheriff principal is unable to perform or is precluded from performing.

(4)The Lord President may make an authorisation in the circumstances specified in subsection (1)(a) only if the Lord President considers such an authorisation to be necessary or expedient in order to avoid a delay in the administration of justice in sheriffdom A.

(5)A sheriff principal authorised under this section to perform the functions of sheriff principal in another sheriffdom may exercise the jurisdiction and powers that attach to the office of sheriff principal in the other sheriffdom and does not need a commission for that purpose.

(6)References in this section to the sheriff principal of a sheriffdom include references to any temporary sheriff principal of the sheriffdom.

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