Rule 26.1 Transfer to another sheriff court

(1)

The sheriff may, on cause shown, F1transfer any cause to another sheriff court.

(2)

Subject to paragraph (4), where a cause in which there are two or more defenders has been brought in the sheriff court of the residence or place of business of one of them, the sheriff may transfer the cause to any other sheriff court which has jurisdiction over any of the defenders.

(3)

Subject to pargagraph (4), where a plea of no jurisdiction is sustained, the sheriff may transfer the cause to the sheriff court before which it appears to him the cause ought to have been brought.

(4)

The sheriff shall not transfer a cause to another sheriff court under paragraph (2) or (3) except—

(a)

on the motion of a party; and

(b)

where he considers it expedient to do so having regard to the convenience of the parties and their witnesses.

(5)

On making an order under paragraph (1), (2) or (3), the sheriff—

(a)

shall state his reasons for doing so in the interlocutor; and

(b)

may make the order on such conditions as to expenses or otherwise as he thinks fit.

(6)

The court to which a cause is transferred under paragraph (1), (2) or (3) shall accept the cause.

(7)

A transferred cause shall proceed in all respects as if it had been originally brought in the court to which it is transferred.

F2(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Word in Sch. 1 rule 26.1(1) substituted (22.9.2015) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015 (S.S.I. 2015/227), paras. 1(2), 7(2)
F2: Sch. 1 rule 26.1(8) omitted (1.1.2016) by virtue of Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(2), 5(5) (with para. 20)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1: Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
C2: Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
C3: Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5