Administration of Justice (Scotland) Act 1948
| Jurisdiction | UK Non-devolved |
| Citation | 1948 c. 10 |
| Year | 1948 |
Administration of Justice (Scotland) Act, 1948
(12, 13 & 14 Geo. 6.) CHAPTER 10
An Act to authorise the increase of the number of judges of the Court of Session to fifteen, and to amend the law relating to the sessions of that Court, to the appointment of the Lord Ordinary in Exchequer causes and to the office of sheriff substitute.
[16th December 1948]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Number of judges of Court of Session.
(1) Subject as hereinafter provided, the number of judges of the Court of Session shall be increased from thirteen to fifteen:
Provided that when the number of those judges for the time being in office is not less than thirteen, no vacancy among them shall be filled unless the Secretary of State, with the concurrence of the Treasury, is satisfied that the state of business in the Court requires that the vacancy should be filled.
(2) The amounts by which the sums charged on the Consolidated Fund of the United Kingdom under the Public Revenue and Consolidated Fund Charges Act, 1854 , and the sums payable under the Administration of Justice (Scotland) Act, 1933 , out of moneys provided by Parliament, are increased by reason of the provisions of the last foregoing subsection shall be respectively defrayed out of that Fund and out of such moneys.
2 Sessions of the Court.
2. The ordinary sessions of the Court of Session shall be such as may be fixed by Act of Sederunt.
3 Right of appointing Lord Ordinary in Exchequer Causes.
3. The right of appointing to the office of Lord Ordinary in Exchequer causes under section two of the Exchequer Court (Scotland) Act, 1856, shall be transferred to and vested in the Court of Session and shall be exercisable by Act of Sederunt.
4 Qualification for office of sheriff substitute, etc.
(1) No person shall be appointed to the office of salaried sheriff substitute in Scotland unless he is, and has been for at least five years, legally qualified. For the purposes of this subsection, a person shall be legally qualified...
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