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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

85Proceedings for breach of an extended interdict
This section has no associated Explanatory Notes

(1)In this section, “extended interdict” means an interdict granted by a sheriff, by virtue of section 84(1), having effect in relation to conduct at places outside the sheriff’s sheriffdom.

(2)Proceedings for breach of an extended interdict may be brought before a sheriff of the sheriffdom—

(a)in which the defender is domiciled,

(b)in which the interdict was granted,

(c)in which the alleged breach occurred.

(3)A sheriff before whom proceedings for breach of an extended interdict are brought may make an order transferring the proceedings to a sheriff of another sheriffdom (whether or not one mentioned in subsection (2)) if satisfied that it would be more appropriate for the proceedings to be dealt with by a sheriff of the other sheriffdom.

(4)A sheriff may make an order under subsection (3)—

(a)on the application of a party to the proceedings, or

(b)on the sheriff’s own initiative.

(5)Where an order is made under subsection (3), a sheriff of the sheriffdom to whom the proceedings are to be transferred has jurisdiction and competence to consider and determine the proceedings.

(6)This section does not affect any power that a sheriff has to decline jurisdiction in any case.

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