Court of Session Act 1988

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.

Provisions Repealed enactments Section 52(2) of the act repealed 45 enactments, listed in part I of schedule 2 to the act.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to which those enactments were re-enacted (with or without amendment) in the act, and the extent to which they were repealed without re-enactment as being no longer of practical utility or being spent or unnecessary.

+ Part I: Enactments RepealedCitationShort titleExtent of repeal1594 c. 22Declinature Act 1594The whole act.1672 c. 6Summons Execution Act 1672The whole act.1681 c. 79Declinature Act 1681The whole act so far as relating to the Court of Session.48 Geo. 3. c. 151Court of Session Act 1808The whole act.50 Geo. 3. c. 112Court of Session Act 1810The whole act.53 Geo. 3. c. 64Court of Session Act 1813The whole act.55 Geo. 3. c. 42Jury Trials (Scotland) Act 1815Sections 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. 35Jury Trials (Scotland) Act 1819The whole act.59 Geo. 3. c. 45Court of Session Act 1819The whole act.1 & 2 Geo. 4. c. 38Court of Session Act 1821The whole act except section 32.6 Geo. 4. c. 22Jurors (Scotland) Act 1825Sections 17 and 19.6 Geo. 4. c. 120Court of Session Act 1825Sections 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. 69Court of Session Act 1830Sections 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. 5Court of Session Act 1832The whole act.7 Will. 4 & 1 Vict. c. 14Jury Trials (Scotland) Act 1837The whole act.1 & 2 Vict. c. 86Court of Session (No. 1) Act 1838The whole act.1 & 2 Vict. c. 118Court of Session (No. 2) Act 1838The whole act except section 27.2 & 3 Vict. c. 36Court of Session Act 1839Section 1.13 & 14 Vict. c. 36Court of Session Act 1850The whole act except section 16.19 & 20 Vict. c. 56Exchequer Court (Scotland) Act 1856Sections 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. 18Bill Chamber Procedure Act 1857The whole act.20 & 21 Vict. c. 56Court of Session Act 1857The whole act.24 & 25 Vict. c. 86Conjugal Rights (Scotland) Amendment Act 1861The whole act except sections 6 and 20.29 & 30 Vict. c. 112Evidence (Scotland) Act 1866The whole act.31 & 32 Vict. c. 100Court of Session Act 1868Section 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. 125Parliamentary Elections Act 1868The whole act.40 & 41 Vict. c. 11Jurisdiction in Rating Act 1877In 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. 75Parliamentary Elections and Corrupt Practices Act 1879The whole act.46 & 47 Vict. c. 51Corrupt and Illegal Practices Prevention Act 1883The whole act.52 & 53 Vict. c. 54Clerks of Session (Scotland) Regulation Act 1889Sections 6 and 7.Section 9.Section 12.10 Edw. 7 & 1 Geo. 5. c. 31Jury Trials Amendment (Scotland) Act 1910The whole act.18 & 19 Geo. 5. c. 34Reorganisation of Offices (Scotland) Act 1928Sections 8 and 9.23 & 24 Geo. 5. c. 41Administration of Justice (Scotland) Act 1933Sections 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. 10Administration of Justice (Scotland) Act 1948The whole act.12 & 13 Geo. 6. c. 27Juries Act 1949Schedule 1 so far as relating to the Court of Session Act 1868.1968 c. 5Administration of Justice Act 1968The whole act so far as relating to Scotland.1972 c. 59Administration of Justice (Scotland) Act 1972Section 2.1977 c. 38Administration of Justice Act 1977Section 29(1).1980 c. 55Law Reform (Miscellaneous Provisions) (Scotland) Act 1980Section 1(6)(b).1983 c. 12Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983In Schedule 1, paragraphs 5 and 8.1985 c. 6Companies Act 1985In section 425(5) the words from "in pursuance" to "1933".1985 c. 73Law Reform (Miscellaneous Provisions) (Scotland) Act 1985In Schedule 2, paragraph 8.1986 c. 9Law Reform (Parent and Child) (Scotland) Act 1986In Schedule 1, paragraph 2.1986 c. 45Insolvency Act 1986In section 120(2) the words from "in pursuance" to the end.In section 162(2) the words from "in pursuance" to "1933".1986 c. 55Family Law Act 1986In Schedule 1, paragraph 1.

+ Part II: Repealed Enactments which are Re-enactedCitationShort titleExtent re-enacted48 Geo. 3. c. 151Court of Session Act 1808Section 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. 112Court of Session Act 1810In section 32 the words from "three judges" to "inner house".53 Geo. 3. c. 64Court of Session Act 1813In section 17 the words from "the endorsation" to the end.55 Geo. 3. c. 42Jury Trials (Scotland) Act 1815Section 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. 45Court of Session Act 1819Section 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. 38Court of Session Act 1821Section 1 except the words "advocation and" and "either for the lord ordinary on the bills or".6 Geo. 4. c. 120Court of Session Act 1825Section 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. 86Court of Session (No. 1) Act 1838In 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. 36Court of Session Act 1850Section 25.Section 28 except the words "without the necessity of such special allowance".Section 35.Section 42.19 & 20 Vict. c. 56Exchequer Court (Scotland) Act 1856Sections 2 and 3.Section 20.Sections 22 and 23.Section 25.20 & 21 Vict. c. 56Court of Session Act 1857Section 5 so far as relating to petitions.Section 6 so far as relating to petitions.24 & 25 Vict. c. 86Conjugal Rights (Scotland) Amendment Act 1861Sections 8 and 9.In section 13, the proviso.29 & 30 Vict. c. 112Evidence (Scotland) Act 1866Section 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. 100Court of Session Act 1868Section 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. 125Parliamentary Elections Act 1868Section 58.40 & 41 Vict. c. 11Jurisdiction in Rating Act 1877In 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. 75Parliamentary Elections and Corrupt Practices Act 1879Section 2.46 & 47 Vict. c. 51Corrupt and Illegal Practices Prevention Act 1883Section 42.10 Edw. 7 & 1 Geo. 5. c. 31Jury Trials Amendment (Scotland) Act 1910Section 2.23 & 24 Geo. 5. c. 41Administration of Justice (Scotland) Act 1933Section 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. 10Administration of Justice (Scotland) Act 1948Section 1 except the words from "when" to "thirteen".Sections 2 and 3.12 & 13 Geo. 6. c. 27Juries Act 1949Schedule 1 so far as relating to the Court of Session Act 1868.1968 c. 5Administration of Justice Act 1968Section 1 so far as relating to Scotland.1972 c. 59Administration of Justice (Scotland) Act 1972Section 2.1977 c. 38Administration of Justice Act 1977Section 29(1).1983 c. 12Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983In Schedule 1, paragraph 8.1985 c. 73Law Reform (Miscellaneous Provisions) (Scotland) Act 1985In Schedule 2, paragraph 8.1986 c. 9Law Reform (Parent and Child) (Scotland) Act 1986In Schedule 1, paragraph 2.