PART 1SHERIFF COURTS

CHAPTER 3ORGANISATION OF BUSINESS

Judicial specialisation

35Designation of specialist judiciary

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.