Court of Session Act 1988 (c. 36)

Part IV S Other Causes

Exchequer causes S

21 Exchequer causes to have precedence. S

Exchequer causes shall at all times take precedence of and have preference over all other causes in the Court.

22 Lord Advocate to sue and be sued on behalf of the Crown. S

Except where any enactment otherwise provides, all exchequer causes brought—

(a) on behalf of the Crown, shall be at the instance of [F1 the appropriate Law Officer within the meaning of section 4A of the Crown Suits (Scotland) Act 1857];

(b) by any person alleging any ground of action against the Crown, shall be directed against [F1 the appropriate Law Officer within the meaning of section 4A of the Crown Suits (Scotland) Act 1857].

Textual Amendments

F1 Words in s. 22(a)(b) substituted (20.5.1999) by 1999/1042, arts. 1(2)(b), 4, Sch. 2 Pt. 1 para. 8

23 Lord Advocate may be heard last. S

In all exchequer causes, [F2 the appropriate Law Officer within the meaning of section 4A of the Crown Suits (Scotland) Act 1857] shall, in pleading on behalf of the Crown, have the privilege of being heard last.

Textual Amendments

F2 Words in s. 23 substituted (20.5.1999) by S.I. 1999/1042, arts. 1(2)(b), 4, Sch. 2 Pt. 1 para. 8

F4 24 Appeal to [F3 Supreme Court]. S

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Textual Amendments

F3 Words in s. 24 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 49(2); S.I. 2009/1604, art. 2(d)

F4 S. 24 repealed (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 32(2); S.S.I. 2015/247, art. 2, Sch. (with art. 5(1))