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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

SCHEDULE 1CIVIL PROCEEDINGS, ETC. IN RELATION TO WHICH SUMMARY SHERIFF HAS COMPETENCE

(introduced by section 44(1))

This schedule has no associated Explanatory Notes

Family proceedings

1Family proceedings.

Domestic abuse proceedings

2Proceedings for or in relation to—

(a)an action of harassment under section 8(2) of the Protection from Harassment Act 1997,

(b)an exclusion order under section 4(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981,

(c)a matrimonial interdict (within the meaning of section 14 of that Act),

(d)a domestic interdict (within the meaning of section 18A of that Act),

(e)an exclusion order under section 104 of the Civil Partnership Act 2004,

(f)a relevant interdict (within the meaning of section 113 of that Act).

Adoption proceedings

3Proceedings for or in relation to—

(a)an adoption order within the meaning of section 28(1) of the Adoption and Children (Scotland) Act 2007,

(b)an order under section 59(1) of that Act (preliminary order where child to be adopted abroad),

(c)a permanence order under section 80(1) of that Act.

Children’s hearings proceedings

4Proceedings under the Children’s Hearings (Scotland) Act 2011.

Forced marriage proceedings

5Proceedings for or in relation to—

(a)a forced marriage protection order under section 1(1) of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011,

(b)an interim forced marriage protection order under section 5(1) of that Act.

Warrants and interim orders

6The granting of—

(a)a warrant of citation (including such warrants where the address of the defender is unknown),

(b)an interim interdict,

(c)an order for the interim preservation of property,

(d)an order to recall an interim interdict.

Diligence proceedings

7Proceedings under—

(a)Part 1A of the Debtors (Scotland) Act 1987 (diligence on the dependence) (including proceedings to which that Part is applied by section 15N of that Act), other than proceedings in which there is claimed, in addition or as an alternative to a warrant, a decree for payment of a sum of money exceeding £5,000,

(b)Part III of that Act (diligence against earnings),

(c)Part 3A of that Act (arrestment and action of furthcoming),

(d)Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (attachment of money).

8The receipt of a report of money attachment under section 182(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007.

9The granting of authority to begin or continue execution of a decree for removing from heritable property under section 217(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007.

10Proceedings for or in relation to—

(a)a warrant for the arrest of a ship on the dependence of an action or for the arrest of a ship in rem under section 47 of the Administration of Justice Act 1956, other than proceedings in which there is claimed, in addition or as an alternative to a warrant, a decree for payment of a sum of money exceeding £5,000,

(b)an order for the sale of a ship arrested on the dependence of an action under section 47E of that Act, other than an order relating to a decree for payment of a sum of money exceeding £5,000.

Extension of time to pay debts

11Proceedings for or in relation to—

(a)a time to pay direction under section 1 of the Debtors (Scotland) Act 1987,

(b)a time to pay order under section 5 of that Act.

Simple procedure

12A simple procedure case within the meaning of section 72(9).

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