{ "url": "https://openlegislation.uk/sheriff-courts-scotland-act-1971/section-35", "json_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1971/section-35.json", "legislation": "ukpga/1971/58", "legislation_title": "Sheriff Courts (Scotland) Act 1971", "legislation_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1971", "path": "section/35", "kind": "section", "number": "35", "heading": "Summary causes.", "text": "(1) The definition of “summary cause” contained in paragraph (i) of section 3 of the Sheriff Courts (Scotland) Act 1907 shall cease to have effect, and for the purposes of the procedure and practice in civil proceedings in the sheriff court there shall be a form of process, to be known as a “summary cause”, which shall be used for the purposes of all civil proceedings brought in that court, being proceedings of one or other of the following descriptions, namely—\n(a) actions for payment of money not exceeding £5000 in amount (exclusive of interest and expenses);\n(b) actions of multiplepoinding, actions of furthcoming . . . , where the value of the fundin medio, or the value of the arrested fund or subject, . . . as the case may be, does not exceed £5000 (exclusive of interest and expenses);\n(c) actionsad factum praestandum and actions for the recovery of possession of heritable or moveable property, other than actions in which there is claimed in addition, or as an alternative, to a decreead factum praestandumor for such recovery, as the case may be, a decree for payment of money exceeding £5000 in amount (exclusive of interest and expenses);\n(d) proceedings which, according to the law and practice existing immediately before the commencement of this Act, might competently be brought in the sheriff’s small debt court or were required to be conducted and disposed of in the summary manner in which proceedings were conducted and disposed of under the Small Debt Acts;\n(e) proceedings under section 14(1)(b) of the Housing (Scotland) Act 2001 for termination of a tenant’s interest in a tenancy, other than proceedings in which there is claimed, in addition or as an alternative to an order for such termination, a decree for payment of money exceeding £5,000 in amount (exclusive of interest and expenses);\nand any reference in the following provisions of this Act, or in any other enactment (whether passed or made before or after the commencement of this Act) relating to civil procedure in the sheriff court, to a summary cause shall be construed as a reference to a summary cause within the meaning of this subsection.\n(1A) For the avoidance of doubt it is hereby declared that nothing in subsection (1) above shall prevent the Court of Session from making different rules of procedure and practice in relation to different descriptions of summary cause proceedings.\n(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .", "extent": "S", "status": null, "version": "current", "annotations": [ { "type": "F", "label": "F1", "text": "Words in s. 35(1)(a) substituted (14.1.2008) by The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007 (S.S.I. 2007/507), art. 3 (with art. 4)" }, { "type": "F", "label": "F2", "text": "Words in s. 35(1)(b) repealed (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 6 (with s. 223); S.S.I. 2008/115, art. 3(1)(h)(2)(3), Sch. 2 (with arts. 4-6, 10)" }, { "type": "F", "label": "F3", "text": "Words in s. 35(1)(b) substituted (14.1.2008) by The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007 (S.S.I. 2007/507), art. 3 (with art. 4)" }, { "type": "F", "label": "F4", "text": "Words in s. 35(1)(c) substituted (14.1.2008) by The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007 (S.S.I. 2007/507), art. 3 (with art. 4)" }, { "type": "F", "label": "F5", "text": "S. 35(1)(e) inserted (1.8.2026) by The Domestic Abuse (Protection) (Scotland) Act 2021 (Consequential and Supplementary Amendments) Regulations 2026 (S.S.I. 2026/133), regs. 1, 2" }, { "type": "F", "label": "F6", "text": "S. 35(1A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 59, Sch. 2 para. 14" }, { "type": "F", "label": "F7", "text": "Act (except for ss. 2(3), 3(4)) repealed (S.) (1.4.2015 except for the repeal of ss. 31, 35, 36(2)(3), 36A, 36B, 37, 38, 45, 22.9.2015 for the repeal of ss. 31, 37(1)(b)(2A)(2D), 28.11.2016 for the repeal of ss. 35(2)-(4), 36A, 36B, 37(2B)(2C) and the repeal of specified words in s. 38(b)) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 5 para. 6(2); S.S.I. 2015/77, art. 2(2)(3), sch. (with art. 7); S.S.I. 2015/247, art. 2, sch. (with art. 9); S.S.I. 2016/291, art. 2, sch. (with art. 3(1)(2))" }, { "type": "M", "label": "M1", "text": "1907 c. 51." }, { "type": "C", "label": "C1", "text": "S. 35: power to transfer functions conferred (19.5.1999) by S.I. 1999/678, art. 2(1), Sch." }, { "type": "C", "label": "C2", "text": "S. 35(1) excluded (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2015 (S.S.I. 2015/247), arts. 1(1), 9(1) (with art. 9(2))" }, { "type": "C", "label": "C3", "text": "S. 35(1)(c) excluded by Land Tenure Reform (Scotland) Act 1974 (c. 38), s. 9(6)" } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/ukpga/1971/58/section/35", "retrieved_at": "2026-10-29T10:49:43.356398+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }