- Latest available (Revised)
- Original (As enacted)
Court of Session Act 1988
You are here:
- 1988 c. 36
- SCHEDULE 1
- The Sheriff Courts (Scotland) Act 1907 (c.51)
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Court of Session Act 1988. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Commencement Orders yet to be applied to the Court of Session Act 1988:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/2 art. 2 Sch. commences (1999 c. 33)
- S.I. 2003/3140 art. 2 commences (2000 c. 23)
- S.I. 2005/275 art. 2 Sch. commences (2004 c. 35)
- S.I. 2007/3495 art. 2-5 8 commences (2006 c. 46)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.S.I. 2003/548 art. 2 commences (2003 asp 11)
- S.S.I. 2005/168 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2005/590 art. 2 commences (2004 asp 3)
- S.S.I. 2006/59 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2006/212 art. 2 commences (2006 asp 2)
- S.S.I. 2007/447 art. 3 commences (2004 asp 3)
- S.S.I. 2009/192 art. 2 Sch. commences (2008 asp 6)
- S.S.I. 2011/180 art. 3 4 5 6 7 commences (2010 asp 16)
The Sheriff Courts (Scotland) Act 1907 (c.51)S
2After section 38A there shall be inserted the following—S
“Consistorial Causes
38B Lord Advocate as party to action for divorce.
(1)The Lord Advocate may enter appearance as a party in any action for divorce, and he may lead such proof and maintain such pleas as he thinks fit, and the sheriff shall, whenever he considers it necessary for the proper disposal of any such action, direct that the action shall be brought to the notice of the Lord Advocate in order that he may determine whether he should enter appearance therein.
(2)No expenses shall be claimable by or against the Lord Advocate in any action in which he has entered appearance under this section.
38C Orders with respect to children.
(1)In any action for divorce or separation, the sheriff may make, with respect to any child of the marriage to which the action relates, such order (including an interim order) as he thinks fit relating to parental rights, and may vary or recall such order.
(2)In this section—
(a)“child” and “parental rights” have the same meaning as in section 8 of the Law Reform (Parent and Child)(Scotland) Act 1986;
(b)“child of the marriage” includes any child who—
(i)is the child of both parties to the marriage, or
(ii)is the child of one party to the marriage and has been accepted as a child of the family by the other party.”.
Options/Help
Print Options
Print The Whole Act
Print The Whole Schedule
Print This Cross Heading only
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.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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 enacted version 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