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The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2007, ISBN 9780110784281

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before the Scottish Parliament under section 41(5) of the Sheriff Courts (Scotland) Act 1971, for approval by resolution of the Scottish Parliament.

SHERIFF COURT

Made 2007

Coming into force 14th January 2008

At the Court at Buckingham Palace, the day of 2007

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 41 and 43 of the Sheriff Courts (Scotland) Act 1971f1 and all other powers enabling Her to do so.

In accordance with section 41(5) of that Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows.

Annotations to the whole text

Footnotes

f1

1971 c. 58; section 41(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), Schedule 3.

Contents

  1. 1Citation and commencement
  2. 2Variation in limit of privative jurisdiction of sheriff court
  3. 3Variation in limit of summary cause
  4. 4Savings
  5. 5Revocation
  6. Signature
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007 and comes into force on 14th January 2008.

2Variation in limit of privative jurisdiction of sheriff court

In section 31 of the Sheriff Courts (Scotland) Act 1971, for the sum of one thousand five hundred poundsf1 substitute the sum of £5000

3Variation in limit of summary cause

Paragraphs (a), (b) and (c) of section 35(1) of the Sheriff Courts (Scotland) Act 1971 are amended by substituting for the sum of one thousand five hundred poundsf1 the sum of £5000.

4Savings

The amendments made by articles 2 and 3 of this Order shall not apply in relation to any proceedings commenced before 14th January 2008.

5Revocation

The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 1988f1 is revoked.

Signature

Clerk of the Privy Council

2007

Explanatory note

(This note is not part of the Order)

This Order raises the limit of the privative (or exclusive) jurisdiction of the sheriff court and the limit of the summary cause from £1500 to £5000. The new limits do not apply to proceedings commenced before the Order comes into force.