Section 85 Proceedings for breach of an extended interdictI1
In this section, “extended interdict” means an interdict granted by a sheriff, by virtue of section 84(1), having effect in relation to conduct at places outside the sheriff's sheriffdom.
Proceedings for breach of an extended interdict may be brought before a sheriff of the sheriffdom—
in which the defender is domiciled,
in which the interdict was granted,
in which the alleged breach occurred.
A sheriff before whom proceedings for breach of an extended interdict are brought may make an order transferring the proceedings to a sheriff of another sheriffdom (whether or not one mentioned in subsection (2)) if satisfied that it would be more appropriate for the proceedings to be dealt with by a sheriff of the other sheriffdom.
A sheriff may make an order under subsection (3)—
on the application of a party to the proceedings, or
on the sheriff's own initiative.
Where an order is made under subsection (3), a sheriff of the sheriffdom to whom the proceedings are to be transferred has jurisdiction and competence to consider and determine the proceedings.
This section does not affect any power that a sheriff has to decline jurisdiction in any case.
Annotations
Commencement
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S. 85 in force at 28.11.2016 by S.S.I. 2016/291, art. 2, sch.