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Chapter 11 - Vacation judge

Powers of vacation judge

11.1 .-(1) Subject to any other provision in these Rules and paragraph (2) of this rule, the vacation judge may, during vacation, hear and determine-

(a) a motion which might be determined during session by the Lord Ordinary;

(b) an application which might be determined during session by the Lord Ordinary in chambers; and

(c) a motion which does not affect the merits, in a cause in dependence in the Inner House.

(1A) Subject to paragraph (2) of this Rule, the vacation judge may, during vacation, in a case where early disposal of a reclaiming motion or appeal is sought by virtue of rule 38.7A or 40.7A make any order or refusal, or give any direction, under rule 38.14(6) or 40.12(6) which might be made or given during session by the nominated judge.

(2) The vacation judge shall not be bound to hear or determine any matter if, in his opinion, it would be more appropriate for the matter to be dealt with in the session of the court after the vacation.