Court of Session Act 1988

Court of Session Act 1988[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to consolidate, with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to the constitution, administration and procedure of the Court of Session and procedure on appeal therefrom to the House of Lords; and to repeal, in accordance with recommendations of the Scottish Law Commission, certain enactments relating to the aforesaid matters which are no longer of practical utility.
Citation1988 c. 36
Territorial extent Scotland[b]
Dates
Royal assent29 July 1988
Commencement29 September 1988[c]
Other legislation
AmendsSee § Repealed enactments
Repeals/revokesSee § Repealed enactments
Amended by
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Court of Session Act 1988 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Court of Session Act 1988 (c. 36) is an act of the Parliament of the United Kingdom that consolidated enactments relating to the constitution, administration and procedure of the Court of Session in Scotland.[1]

Provisions

Repealed enactments

Section 52(2) of the act repealed 45 enactments, listed in part I of schedule 2 to the act. Parts II and III of that schedule show, respectively, the extent to which those enactments were re-enacted (with or without amendment) in the act, and the extent to which they were repealed without re-enactment as being no longer of practical utility or being spent or unnecessary.[2]

Part I: Enactments Repealed
Citation Short title Extent of repeal
1594 c. 22 Declinature Act 1594 The whole act.
1672 c. 6 Summons Execution Act 1672 The whole act.
1681 c. 79 Declinature Act 1681 The whole act so far as relating to the Court of Session.
48 Geo. 3. c. 151 Court of Session Act 1808 The whole act.
50 Geo. 3. c. 112 Court of Session Act 1810 The whole act.
53 Geo. 3. c. 64 Court of Session Act 1813 The whole act.
55 Geo. 3. c. 42 Jury Trials (Scotland) Act 1815 Sections 1 to 19.
In section 20 the words "by the clerk of the jury court" where they occur for the second time.
Sections 21 to 41.
59 Geo. 3. c. 35 Jury Trials (Scotland) Act 1819 The whole act.
59 Geo. 3. c. 45 Court of Session Act 1819 The whole act.
1 & 2 Geo. 4. c. 38 Court of Session Act 1821 The whole act except section 32.
6 Geo. 4. c. 22 Jurors (Scotland) Act 1825 Sections 17 and 19.
6 Geo. 4. c. 120 Court of Session Act 1825 Sections 1 to 52.
In section 53 the words from the beginning to "sixty days; and" and the words "or cited".
Section 54.
11 Geo. 4 & 1 Will. 4. c. 69 Court of Session Act 1830 Sections 1 to 3.
Section 9.
Section 11.
Sections 15 and 16.
Section 19.
Section 29, so far as relating to the Court of Session, and the proviso.
Section 35.
Section 37.
Section 40.
2 & 3 Will. 4. c. 5 Court of Session Act 1832 The whole act.
7 Will. 4 & 1 Vict. c. 14 Jury Trials (Scotland) Act 1837 The whole act.
1 & 2 Vict. c. 86 Court of Session (No. 1) Act 1838 The whole act.
1 & 2 Vict. c. 118 Court of Session (No. 2) Act 1838 The whole act except section 27.
2 & 3 Vict. c. 36 Court of Session Act 1839 Section 1.
13 & 14 Vict. c. 36 Court of Session Act 1850 The whole act except section 16.
19 & 20 Vict. c. 56 Exchequer Court (Scotland) Act 1856 Sections 2 to 4.
Section 13.
In section 14 the words from "and such application" to "proper".
Sections 15 and 16.
Sections 19 to 23.
Sections 25 to 28.
Section 44.
Schedule G.
20 & 21 Vict. c. 18 Bill Chamber Procedure Act 1857 The whole act.
20 & 21 Vict. c. 56 Court of Session Act 1857 The whole act.
24 & 25 Vict. c. 86 Conjugal Rights (Scotland) Amendment Act 1861 The whole act except sections 6 and 20.
29 & 30 Vict. c. 112 Evidence (Scotland) Act 1866 The whole act.
31 & 32 Vict. c. 100 Court of Session Act 1868 Section 10.
Sections 12 and 13.
Section 14 in so far as it relates to summonses and petitions.
Sections 15 to 44.
In section 45 the words from "or at" to "such trial)".
Section 46.
In section 47 the words from "where the trial" to "town".
Sections 50 to 101.
31 & 32 Vict. c. 125 Parliamentary Elections Act 1868 The whole act.
40 & 41 Vict. c. 11 Jurisdiction in Rating Act 1877 In section 3, in the definition of "judge" the words "As to Scotland, any judge of the High Court of Session; and".
42 & 43 Vict. c. 75 Parliamentary Elections and Corrupt Practices Act 1879 The whole act.
46 & 47 Vict. c. 51 Corrupt and Illegal Practices Prevention Act 1883 The whole act.
52 & 53 Vict. c. 54 Clerks of Session (Scotland) Regulation Act 1889 Sections 6 and 7.
Section 9.
Section 12.
10 Edw. 7 & 1 Geo. 5. c. 31 Jury Trials Amendment (Scotland) Act 1910 The whole act.
18 & 19 Geo. 5. c. 34 Reorganisation of Offices (Scotland) Act 1928 Sections 8 and 9.
23 & 24 Geo. 5. c. 41 Administration of Justice (Scotland) Act 1933 Sections 2 to 6.
Sections 9 to 11.
Sections 13 to 18.
In section 24, subsection (5).
Section 30.
In section 40, the definition of "consistorial cause".
12, 13 & 14 Geo. 6. c. 10 Administration of Justice (Scotland) Act 1948 The whole act.
12 & 13 Geo. 6. c. 27 Juries Act 1949 Schedule 1 so far as relating to the Court of Session Act 1868.
1968 c. 5 Administration of Justice Act 1968 The whole act so far as relating to Scotland.
1972 c. 59 Administration of Justice (Scotland) Act 1972 Section 2.
1977 c. 38 Administration of Justice Act 1977 Section 29(1).
1980 c. 55 Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 Section 1(6)(b).
1983 c. 12 Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 In Schedule 1, paragraphs 5 and 8.
1985 c. 6 Companies Act 1985 In section 425(5) the words from "in pursuance" to "1933".
1985 c. 73 Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 In Schedule 2, paragraph 8.
1986 c. 9 Law Reform (Parent and Child) (Scotland) Act 1986 In Schedule 1, paragraph 2.
1986 c. 45 Insolvency Act 1986 In section 120(2) the words from "in pursuance" to the end.
In section 162(2) the words from "in pursuance" to "1933".
1986 c. 55 Family Law Act 1986 In Schedule 1, paragraph 1.
Part II: Repealed Enactments which are Re-enacted
Citation Short title Extent re-enacted
48 Geo. 3. c. 151 Court of Session Act 1808 Section 15 except the words "to which such Lords Ordinary belong".
Section 17 except the words "or any four of the judges thereof".
Sections 18 to 20.
50 Geo. 3. c. 112 Court of Session Act 1810 In section 32 the words from "three judges" to "inner house".
53 Geo. 3. c. 64 Court of Session Act 1813 In section 17 the words from "the endorsation" to the end.
55 Geo. 3. c. 42 Jury Trials (Scotland) Act 1815 Section 1.
Section 5.
In section 6, the proviso.
In section 7 the words from "notwithstanding" to "when necessary".
Section 8 except the words "or judges" and "or by the judge admiral respectively".
In section 21 the words from "in challenging" to the end.
In section 29 the words from the beginning to "be allowed".
Section 33 except the words from "to be afterwards" to the end.
59 Geo. 3. c. 45 Court of Session Act 1819 Section 1 in so far as it enables the senior Lord Ordinary to fill a vacancy arising in the Inner House.
1 & 2 Geo. 4. c. 38 Court of Session Act 1821 Section 1 except the words "advocation and" and "either for the lord ordinary on the bills or".
6 Geo. 4. c. 120 Court of Session Act 1825 Section 1.
Section 5 so far as relating to appeal to the House of Lords.
In section 17 the words from "every interlocutor" to the end.
In section 21 the words from "the judgment" to the end.
Section 23.
Section 28 except the words from "all actions on account of any injury to moveables" to "seduction", from "all actions on the responsibility" to "nuisance" and from "all actions on policies" to the end and except so far as relating to the jury court and Court of Admiralty.
In section 40 the words from the beginning to "in the interlocutor" and from "and further" to "of the case" but only in relation to proofs in sheriff courts.
In section 46 the words from "and in the event" to the end.
1 & 2 Vict. c. 86 Court of Session (No. 1) Act 1838 In section 4 the words from "in all cases" to "interim possession".
In section 5 the words from the beginning to "Session".
13 & 14 Vict. c. 36 Court of Session Act 1850 Section 25.
Section 28 except the words "without the necessity of such special allowance".
Section 35.
Section 42.
19 & 20 Vict. c. 56 Exchequer Court (Scotland) Act 1856 Sections 2 and 3.
Section 20.
Sections 22 and 23.
Section 25.
20 & 21 Vict. c. 56 Court of Session Act 1857 Section 5 so far as relating to petitions.
Section 6 so far as relating to petitions.
24 & 25 Vict. c. 86 Conjugal Rights (Scotland) Amendment Act 1861 Sections 8 and 9.
In section 13, the proviso.
29 & 30 Vict. c. 112 Evidence (Scotland) Act 1866 Section 1 in so far as it authorises the taking of proof before the Lord Ordinary.
Section 2.
Section 3 except the words from "and where" to the end.
Section 4.
Section 6.
31 & 32 Vict. c. 100 Court of Session Act 1868 Section 36.
Section 44 except the words from "and if" to the end.
Section 59.
Section 60 except the words from "the printed" to "or to direct that".
In section 61 the words from the beginning to "verdict".
Sections 62 and 63.
Section 72 so far as relating to appeals from the sheriff, except the words "although such law is not pleaded on the record".
Section 74 so far as relating to transmission of sheriff court causes.
Section 89.
In section 91 the words from the beginning to "seem proper".
In section 92, the last sentence.
Section 100(2).
31 & 32 Vict. c. 125 Parliamentary Elections Act 1868 Section 58.
40 & 41 Vict. c. 11 Jurisdiction in Rating Act 1877 In section 3, in the definition of "judge" the words "As to Scotland, any judge of the High Court of Session, and".
42 & 43 Vict. c. 75 Parliamentary Elections and Corrupt Practices Act 1879 Section 2.
46 & 47 Vict. c. 51 Corrupt and Illegal Practices Prevention Act 1883 Section 42.
10 Edw. 7 & 1 Geo. 5. c. 31 Jury Trials Amendment (Scotland) Act 1910 Section 2.
23 & 24 Geo. 5. c. 41 Administration of Justice (Scotland) Act 1933 Section 2(1).
Section 3(2).
Section 4 so far as it relates to the regulation of the powers of the vacation judge by act of sederunt.
In section 6, subsections (4) and (7).
In section 10, subsections (1) and (6) to (8).
In section 11, subsections (1) and (2).
Section 14 so far as providing competence for reclaiming.
Section 15 so far as relating to power to prescribe form of extract of decree.
Sections 16 and 17.
Section 18 except proviso (i) to subsection (3).
Section 24(5).
12, 13 & 14 Geo. 6. c. 10 Administration of Justice (Scotland) Act 1948 Section 1 except the words from "when" to "thirteen".
Sections 2 and 3.
12 & 13 Geo. 6. c. 27 Juries Act 1949 Schedule 1 so far as relating to the Court of Session Act 1868.
1968 c. 5 Administration of Justice Act 1968 Section 1 so far as relating to Scotland.
1972 c. 59 Administration of Justice (Scotland) Act 1972 Section 2.
1977 c. 38 Administration of Justice Act 1977 Section 29(1).
1983 c. 12 Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 In Schedule 1, paragraph 8.
1985 c. 73 Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 In Schedule 2, paragraph 8.
1986 c. 9 Law Reform (Parent and Child) (Scotland) Act 1986 In Schedule 1, paragraph 2.
Part III: Repealed Enactments which are not Re-enacted
Citation Short title Extent not re-enacted
1594 c. 22 Declinature Act 1594 The whole act.
1672 c. 6 Summons Execution Act 1672 The whole act.
1681 c. 79 Declinature Act 1681 The whole act so far as relating to the Court of Session.
48 Geo. 3. c. 151 Court of Session Act 1808 Section 1.
Section 4.
Section 6.
Section 10.
Section 13.
In section 15 the words "to which such Lords Ordinary belong".
In section 17 the words "or any four of the judges thereof".
Section 21.
50 Geo. 3. c. 112 Court of Session Act 1810 Section 11.
Section 13.
Sections 18 to 25.
Sections 28 to 30.
Section 32 except the words from "three judges" to "inner house".
Sections 33 to 38.
Section 48.
Sections 51 and 52.
The Schedules.
53 Geo. 3. c. 64 Court of Session Act 1813 Section 1.
Section 7.
Section 14.
Section 17 except the words from "the endorsation" to the end.
55 Geo. 3. c. 42 Jury Trials (Scotland) Act 1815 Section 6 except the proviso.
Section 7 except the words from "notwithstanding" to "when necessary".
In section 8 the words "or judges" and "or by the judge admiral respectively".
Section 9.
Section 12.
Sections 15 to 17.
Section 19.
In section 20 the words "by the clerk of the jury court" where they occur for the second time.
In section 21 the words from the beginning to "Provided always that".
Section 22.
Section 23.
Section 28.
In section 29 the words after "be allowed".
In section 33 the words from "to be afterwards" to the end.
Section 39.
Section 41.
59 Geo. 3. c. 35 Jury Trials (Scotland) Act 1819 Sections 7 to 9.
Sections 13 and 14.
Section 17.
Section 19.
Sections 26 and 27.
Section 35.
59 Geo. 3. c. 45 Court of Session Act 1819 Section 1 except in so far as it enables the senior Lord Ordinary to fill a vacancy arising in the Inner House.
Section 3.
Section 6.
1 & 2 Geo. 4. c. 38 Court of Session Act 1821 In section 1 the words "advocation and" and "either for the Lord Ordinary on the bills or".
Section 3.
Section 9.
Sections 11 to 14.
Section 18.
Section 24.
Sections 26 and 27.
Sections 29 to 31.
6 Geo. 4. c. 22 Jurors (Scotland) Act 1825 Sections 17 and 19.
6 Geo. 4. c. 120 Court of Session Act 1825 Section 5 except so far as relating to appeal to the House of Lords.
Sections 11 and 12.
In section 17 the words from the beginning to "in part; and".
Section 20.
In section 21 the words from the beginning to "expenses; and".
Section 22.
Sections 24 to 26.
In section 28 the words from "all actions on account of any injury to moveables" to "seduction", from "all actions on the responsibility" to "nuisance" and from "all actions on policies" to the end and that section so far as relating to the jury court and the Court of Admiralty.
Section 33.
Section 35.
Section 40 so far as relating to proofs in inferior courts other than sheriff courts and in that section the words from "Provided however" to "repealed" and from "but it is" to the end.
Section 44.
Section 45.
In section 46 the words from the beginning to "other division".
Sections 47 and 48.
Sections 51 and 52.
In section 53 the words from the beginning to "sixty days; and" and the words "or cited".
Section 54.
11 Geo. 4 & 1 Will. 4. c. 69 Court of Session Act 1830 Sections 1 to 3.
Section 9.
Section 11.
Sections 15 and 16.
Section 19.
Section 29, so far as relating to the Court of Session, and the proviso.
Section 35.
Section 37.
Section 40.
2 & 3 Will. 4. c. 5 Court of Session Act 1832 The whole act.
7 Will. 4 & 1 Vict. c. 14 Jury Trials (Scotland) Act 1837 The whole act.
1 & 2 Vict. c. 86 Court of Session (No. 1) Act 1838 Section 4 except the words from "in all cases" to "interim possession".
In section 5 the words from "by lodging" to the end.
Section 6.
1 & 2 Vict. c. 118 Court of Session (No. 2) Act 1838 Section 1.
Section 4.
Section 14.
Section 17.
Section 21.
Section 24.
Section 26.
Sections 28 and 29.
The Schedule.
2 & 3 Vict. c. 36 Court of Session Act 1839 Section 1.
13 & 14 Vict. c. 36 Court of Session Act 1850 Section 5.
Sections 7 and 8.
Sections 17 to 20.
Sections 22 and 23.
Sections 26 and 27.
In section 28 the words "without the necessity of such special allowance".
Section 29.
Section 32.
Section 36.
Sections 39 to 41.
Sections 44 to 53.
Schedule (B).
19 & 20 Vict. c. 56 Exchequer Court (Scotland) Act 1856 Section 4.
Section 13.
In section 14 the words from "and such application" to "proper".
Sections 15 and 16.
Section 19.
Sections 26 to 28.
Section 44.
Schedule G.
20 & 21 Vict. c. 18 Bill Chamber Procedure Act 1857 The whole act.
20 & 21 Vict. c. 56 Court of Session Act 1857 Section 5 so far as relating to applications and reports.
Section 6 so far as relating to applications and reports.
Section 8.
24 & 25 Vict. c. 86 Conjugal Rights (Scotland) Amendment Act 1861 Section 10.
Section 13 except the proviso.
Section 19.
29 & 30 Vict. c. 112 Evidence (Scotland) Act 1866 Section 1 except in so far as it authorises the taking of proof before the Lord Ordinary.
In section 3 the words from "and where" to the end.
31 & 32 Vict. c. 100 Court of Session Act 1868 Section 10.
Sections 12 and 13.
Section 14 in so far as it relates to summonses and petitions.
Sections 15 to 17.
Sections 20 to 22.
Sections 25 and 26.
Sections 28 to 30.
Section 32.
Sections 34 and 35.
Sections 37 and 38.
Sections 40 and 41.
Section 43.
In section 44 the words from "and if" to the end.
In section 45 the words from "or at" to "such trial)".
Section 46.
In section 47 the words from "where the trial" to "town".
Section 50.
Sections 52 and 53.
Sections 56 to 58.
In section 60 the words from "the printed" to "or to direct that".
In section 61 the words from "but this" to the end.
Sections 65 to 71.
In section 72 the words "although such law is not pleaded on the record" and that section except so far as relating to appeals from the sheriff.
Section 73.
Section 74 except so far as relating to transmission of sheriff court causes.
Sections 76 to 88.
Section 90.
In section 91 the words from "and such petitions" to the end.
Section 92 except the last sentence.
Section 93.
Sections 95 to 99.
Section 100(1).
Section 101.
31 & 32 Vict. c. 125 Parliamentary Elections Act 1868 Section 1.
42 & 43 Vict. c. 75 Parliamentary Elections and Corrupt Practices Act 1879 Section 1.
46 & 47 Vict. c. 51 Corrupt and Illegal Practices Prevention Act 1883 Section 65.
52 & 53 Vict. c. 54 Clerks of Session (Scotland) Regulation Act 1889 Sections 6 and 7.
Section 9.
Section 12.
10 Edw. 7 & 1 Geo. 5. c. 31 Jury Trials Amendment (Scotland) Act 1910 Sections 3 and 4.
18 & 19 Geo. 5. c. 34 Reorganisation of Offices (Scotland) Act 1928 Sections 8 and 9.
23 & 24 Geo. 5. c. 41 Administration of Justice (Scotland) Act 1933 Section 2(2).
Section 3(1).
Section 4 except so far as it relates to the regulation of the powers of the vacation judge by act of sederunt.
Section 5.
In section 6, subsections (1) to (3) and (5) and (6).
Section 9.
In section 10, subsections (2) to (5).
Section 11(3).
Section 13.
Section 14 so far as relating to procedure.
Section 15 except so far as relating to power to prescribe form of extract of decree.
In section 18(3), proviso (i).
Section 30.
In section 40, the definition of "consistorial cause".
12, 13 & 14 Geo. 6. c. 10 Administration of Justice (Scotland) Act 1948 In section 1 the words from "when" to "thirteen".
Section 5.
1968 c. 5 Administration of Justice Act 1968 Section 2.
1980 c. 55 Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 Section 1(6)(b).
1983 c. 12 Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 In Schedule 1, paragraph 5.
1985 c. 6 Companies Act 1985 In section 425(5) the words from "in pursuance" to "1933".
1986 c. 45 Insolvency Act 1986 In section 120(2) the words from "in pursuance" to the end.
In section 162(2) the words from "in pursuance" to "1933".
1986 c. 55 Family Law Act 1986 In Schedule 1, paragraph 1.

Notes

  1. ↑ Section 53(1).
  2. ↑ Section 53(3).
  3. ↑ Section 53(2).

References

  1. ↑ "Court of Session rules". Scottish Courts and Tribunals Service. Retrieved 20 June 2026.
  2. ↑ "Court of Session Act 1988", legislation.gov.uk, The National Archives, 1988 c. 36
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