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Sheriff Courts (Scotland) Act 1971

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This is the original version (as it was originally enacted).

10Secretary of State may authorise sheriff principal or direct sheriff to act in another sheriffdom

(1)Where—

(a)the sheriff principal of any sheriffdom is by reason of illness or otherwise unable to perform his duties as sheriff principal, or

(b)a vacancy occurs in the office of sheriff principal of any sheriffdom, the Secretary of State may, if it appears to him expedient so to do in order to avoid delay in the administration of justice in that sheriffdom, authorise the sheriff principal of any other sheriffdom to perform the duties of sheriff principal in the first-mentioned sheriffdom (in addition to his own duties) until the Secretary of State otherwise decides.

(2)Where as regards any sheriffdom—

(a)a sheriff is by reason of illness or otherwise unable to perform his duties as sheriff, or

(b)a vacancy occurs in the office of sheriff, or

(c)for any other reason it appears to the Secretary of State expedient so to do in order to avoid delay in the administration of justice in that sheriffdom,

the Secretary of State may direct a sheriff appointed for any other sheriffdom to perform, in accordance with the terms of the direction, the duties of sheriff in the first-mentioned sheriffdom (in addition to or in place of his own duties) until otherwise directed by the Secretary of State, and any sheriff to whom a direction is given under this subsection shall give effect to that direction.

(3)A sheriff principal authorised, or a sheriff directed, under this section to perform duties in any sheriffdom shall for that purpose, without the necessity of his receiving a commission in that behalf, have and be entitled to exercise the jurisdiction and powers attaching to the office of sheriff principal or, as the case may be, sheriff in that sheriffdom.

(4)The Secretary of State may, with the approval of the Treasury, pay to a sheriff principal or a sheriff, in respect of any duties performed by that sheriff principal or sheriff (in addition to his own duties) in pursuance of an authority or direction under this section, such remuneration and allowances as may appear to the Secretary of State to be reasonable in all the circumstances.

(5)In .this section " sheriff " does not include an honorary sheriff.

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