Search Legislation

Court of Session Act 1988

Changes to legislation:

There are outstanding changes not yet made by the editorial team to Court of Session Act 1988. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation


Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text

  2. Part I Constitution and Administration of the Court

    1. 1. Number of judges of Court.

    2. 2. Composition of Court.

    3. 3. Exchequer causes.

    4. 4. Power of judges to act in cases relating to rates and taxes.

  3. Part II General Powers of the Court in Relation to Procedure

    1. 5. Power to regulate procedure etc. by act of sederunt.

    2. 5A.Rules for lay representation

    3. 6. Allocation of business etc. by act of sederunt.

    4. 7. Fees on remit to accountants etc.

    5. 8. Rules Council.

  4. Part III Ordinary Actions

    1. Proof

      1. 9. Allowing of proof by Lord Ordinary.

      2. 10. Evidence on commission in Outer House.

      3. 11. Jury actions.

    2. Trial by jury

      1. 12. Summoning of jury.

      2. 13. Selection of jury.

      3. 14. Application for view by jury.

      4. 15. Illness or death of juror during trial.

      5. 16. Trial to proceed despite objection to opinion and direction of judge.

      6. 17. Return of verdict.

    3. Judgment

      1. 18. Lord Ordinary’s judgment final in Outer House.

  5. Part IV Other Causes

    1. Consistorial causes

      1. 19. Lord Advocate as party to action for nullity of marriage or divorce.

      2. 20. Orders with respect to children.

    2. Exchequer causes

      1. 21. Exchequer causes to have precedence.

      2. 22. Lord Advocate to sue and be sued on behalf of the Crown.

      3. 23. Lord Advocate may be heard last.

      4. 24. Appeal to Supreme Court.

    3. Petitions

      1. 25. Disposal of petitions initiated in Outer House.

    4. Summary trials

      1. 26. Summary trials.

    5. Special cases

      1. 27. Special cases.

  6. Part V Appeal and Review

    1. Reclaiming

      1. 28. Reclaiming.

    2. Review in jury actions

      1. 29. Application for new trial.

      2. 30. Restrictions on granting of application for new trial.

      3. 31. Verdict may be returned subject to opinion of Inner House on point reserved.

    3. Appeals and transmissions from sheriff

      1. 32. Appeals.

      2. 33. Transmissions from sheriff to Court on ground of contingency.

    4. Review by suspension

      1. 34. Suspension of decrees of Court granted in absence.

      2. 35. Suspension of sheriff court decree.

    5. Rehearing and additional proof in Inner House

      1. 36. Rehearing by larger court of causes pending in Inner House.

      2. 37. Additional proof ordered by Inner House.

      3. 38. Evidence on commission in Inner House.

    6. Judgment in Inner House

      1. 39. Inner House judgment final in Court of Session.

    7. Appeals to Supreme Court

      1. 40. Appealable interlocutors.

      2. 41. Interim possession, execution and expenses.

      3. 42.Supreme Court may make order on payment of interest.

      4. 43. Interest and expenses where appeal dismissed for want of prosecution.

  7. Part VI Miscellaneous Provisions

    1. 44. Selection of judges for trial of election petitions.

    2. 45. Restoration of possession and specific performance.

    3. 46. Specific relief may be granted in interdict proceedings.

    4. 47. Interim interdict and other interim orders.

    5. 48. Right of audience of solicitor before the court.

    6. 48A. Further provision as to rights of audience.

    7. 49. Subscription of bill for letters of inhibition.

    8. 50. Copy of interlocutor granting commission and diligence to be equivalent to formal extract.

  8. Part VII Supplementary

    1. 51. Interpretation

    2. 52. Consequential amendments, repeals and savings.

    3. 53. Short title, commencement and extent.


    1. SCHEDULE 1

      Minor Amendments

      1. The Jury Trials (Scotland) Act 1815 (c.42)

        1. 1.In section 20 (common jury summons)— (a) for the words...

      2. The Sheriff Courts (Scotland) Act 1907 (c.51)

        1. 2.After section 38A there shall be inserted the following— Consistorial...

    2. SCHEDULE 2


      1. Part I Enactments Repealed

      2. Part II Repealed Enactments which are Re-enacted

      3. Part III Repealed Enactments which are not Re-enacted

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources