OpenLegislation

Paragraph 14 Remit between rolls

Original text. Later amendments are not shown.

(1)

Where a direction has been made by the sheriff under section 37(2B) of the Sheriff Courts (Scotland) Act 1971f1 that a small claim be treated as a summary cause or as an ordinary cause, the small claim shall be remitted to the summary cause roll or ordinary cause roll, as the case may be, first occurring not sooner than seven days after the date of that direction.

(2)

Where a direction has been made under section 37 of the Sheriff Courts (Scotland) Act 1971f2 that a summary cause or an ordinary cause be treated as a small claim, the initial writ or summary cause summons, as the case may be, shall be treated as a small claim summons and the cause shall be remitted to the small claim roll occurring not more than seven days after the date of the direction; or, if there is no roll within that period, to the roll first occurring thereafter.

Annotations

Footnotes

f1

Section 37(2B) of the Sheriff Courts (Scotland) Act 1971 was inserted 18(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)

f2

Section 37 of the Sheriff Courts (Scotland) Act 1971 was inserted by section 18(3) of the Law Reform (Miscellaneous Provisions) Act 1985.