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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

35Designation of specialist judiciary
This section has no associated Explanatory Notes

(1)This section applies where the Lord President of the Court of Session has made a direction under section 34.

(2)The sheriff principal of a sheriffdom may—

(a)in relation to any category of case determined in the direction that may competently be dealt with by a sheriff, designate one or more sheriffs of the sheriffdom as specialists in that category of case,

(b)in relation to any category of case determined in the direction that may competently be dealt with by a summary sheriff, designate one or more summary sheriffs of the sheriffdom as specialists in that category of case.

(3)The sheriff principal may designate the same sheriff or summary sheriff in relation to more than one category of case determined in the direction.

(4)The sheriff principal of a sheriffdom may at any time withdraw a designation made (whether by that sheriff principal or another) under subsection (2) in relation to any sheriff, or summary sheriff, of the sheriffdom.

(5)The Lord President may—

(a)in relation to any category of case determined in the direction that may competently be dealt with by a part-time sheriff, designate one or more part-time sheriffs as specialists in that category,

(b)in relation to any category of case determined in the direction that may competently be dealt with by a part-time summary sheriff, designate one or more part-time summary sheriffs as specialists in that category.

(6)The Lord President may at any time withdraw a designation made under subsection (5).

(7)The designation of a sheriff, summary sheriff, part-time sheriff or part-time summary sheriff (a “designated judicial officer”) under this section does not affect—

(a)the designated judicial officer’s competence to deal with any category of case other than the one in relation to which the designation is made, or

(b)the competence of any other sheriff, summary sheriff, part-time sheriff or part-time summary sheriff to deal with the category of case in relation to which the designation is made.

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