Local Government (Scotland) Act 1947

375 Provisions regarding applications to court.

(1) Where any application to the sheriff under this Act is dealt with in the first instance by a sheriff substitute, it shall be competent to appeal to the sheriff against the decision of the sheriff substitute within fourteen days after the date thereof, but subject thereto the decision of the sheriff or sheriff substitute shall, except where otherwise specifically provided, be final.

(2) Where the area of a local authority is situated within more than one sheriffdom, any application to the sheriff under this Act shall be presented to the sheriffs (excluding sheriff substitutes) of the sheriffdoms in which the area of the authority is situated, and in any such application the senior sheriff shall preside at any hearing and the senior sheriff clerk shall act as clerk of court.

(3) Where any application is presented to two or more sheriffs under this Act and the sheriffs are unable to reach an unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs to make.

(4) Any deliverance of the Court of Session or of any sheriff under this Act shall be recorded in the sheriff court books of the county in which the area of the local authority to which it applies is situated, and where an application is made to two or more sheriffs under this Act, the senior sheriff clerk shall, after recording any order in the sheriff court books of his county, transmit a certified copy thereof to the sheriff clerk of any other county concerned, and such certified copy shall be sufficient warrant to the sheriff clerk of any other county to record the order in the sheriff court books of his county.