159.Subsections (1) and (2) permit a sheriff to remit a case (to which the exclusive competence of the sheriff court under section 39 does not apply i.e. if the £100,000 limit does not apply) to the Court of Session if the sheriff considers that the importance or difficulty of the case makes it appropriate. This restates section 37(1)(b) of the Sheriff Court (Scotland) Act 1971.
160.The recommendation that the Court of Session should be able to decline the remit of a case below the exclusive competence (where section 39 does apply) is given effect to in subsections (3) and (4) which permit the sheriff to request the Court of Session to allow proceedings to which section 39 does apply to be remitted to that Court if the importance or difficulty of the proceedings makes it appropriate to do so. Under subsection (5), the Court of Session may permit the proceedings to be remitted “on cause shown”.
161.In the particular case of proceedings against the Crown in the sheriff court, section 44 of the Crown Proceedings Act 1947 continues to have effect.