Civil Jurisdiction and Judgments Act 1982

PART II Amendments Consequential on Schedule 8

Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42)

1 In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 after section 4(2) there shall be inserted the following subsection—

“(3) This section does not apply—

(a) in the case of an agreement entered into after the dispute in respect of which the agreement is intended to have effect has arisen ; or

(b) where the contract is one referred to in Rule 3 of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982.”.

Maintenance Orders Act 1950 (c. 37)

2 In section 15(1)(b) of the Maintenance Orders Act 1950 for the words " for separation and aliment " there shall be substituted the words " which contains a conclusion for aliment not falling within the scope of paragraph (a)(i) above ".

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

3 (1) In section 4 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (power of the sheriff to make a provisional maintenance order against a person residing in a reciprocating country) the following subsection shall be substituted for subsections (1) and (2)—

“(1) In any action where the sheriff has jurisdiction by virtue of Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982 and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order.”.

(2) In subsections (3), (4) and (5) of that section for the words " in which the sheriff has jurisdiction by virtue of " there shall be substituted in each place where they occur the words " referred to in ".

Consumer Credit Act 1974 (c. 39)

4 In section 141 of the Consumer Credit Act 1974 the following subsections shall be substituted for subsection (3)—

“(3) In Scotland the sheriff court shall have jurisdiction to hear and determine any action referred to in subsection (1) and such an action shall not be brought in any other court.

(3A) Subject to subsection (3B) an action which is brought in the sheriff court by virtue of subsection (3) shall be brought only in one of the following courts, namely—

(a) the court for the place where the debtor or hirer is domiciled (within the meaning of section 41 or 42 of the Civil Jurisdiction and Judgments Act 1982);

(b) the court for the place where the debtor or hirer carries on business ; and

(c) where the purpose of the action is to assert, declare or determine proprietary or possessory rights, or rights of security, in or over moveable property, or to obtain authority to dispose of moveable property, the court for the place where the property is situated.

(3B) Subsection (3A) shall not apply—

(a) where Rule 3 of Schedule 8 to the said Act of 1982 applies ; or

(b) where the jurisdiction of another court has been prorogated by an agreement entered into after the dispute has arisen.”.