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Court of Session Act 1988
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- 1988 c. 36
- Part V
- Review by suspension
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- S.I. 2003/2 art. 2 Sch. commences (1999 c. 33)
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- S.S.I. 2003/548 art. 2 commences (2003 asp 11)
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- S.S.I. 2005/590 art. 2 commences (2004 asp 3)
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- S.S.I. 2006/212 art. 2 commences (2006 asp 2)
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- S.S.I. 2011/180 art. 3 4 5 6 7 commences (2010 asp 16)
Review by suspensionS
34 Suspension of decrees of Court granted in absence.S
It shall be competent for any party to bring proceedings in manner prescribed for the suspension of any decree in absence granted in the Court.
35 Suspension of sheriff court decree.S
(1)It shall be competent in any proceedings for the suspension of a decree of a sheriff for that sheriff or the Court to regulate all matters relating to interim possession.
(2)The Court may in any such proceedings remit the cause to the sheriff with instructions; but no such remit shall be made, except in the case of the suspension of a decree in absence, without hearing counsel or receiving a written answer on the part of the respondent.
(3)The Court may in granting suspension find the petitioner entitled to his expenses both in the sheriff court and in the Court.
(4)In this section “sheriff” includes sheriff principal.
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