Search Legislation

Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

1Raising of summary cause limit to £250.

(1)In section 3 (i) of the principal Act (which provides that in that Act the expression " summary cause " is to include actions (other than actions in the small debt court) for payment of money not exceeding fifty pounds and actions the value of which is agreed by the parties thereto not to exceed fifty pounds), and in Rule 40 of the First Schedule to the principal Act (which empowers the sheriff to direct that a cause be tried as a summary cause notwithstanding that its value exceeds fifty pounds), for the references to fifty pounds there shall be substituted references to two hundred and fifty pounds.

(2)The amendments made by the foregoing subsection shall not apply in relation to any proceedings commenced before the commencement of this Act.

2Extension of small debt jurisdiction to £50.

(1)In section 42 of the principal Act (by virtue of which the Small Debt Acts apply to all causes competent thereunder the value of which does not exceed twenty pounds) for the references to twenty pounds there shall be substituted references to fifty pounds.

(2)The amendments made by the foregoing subsection shall not apply in relation to any proceedings commenced before the commencement of this Act.

3Actions between spouses for interim aliment of small amounts.

(1)An action of interim aliment by one party to a marriage against the other may competently be brought in the sheriff's small debt court under the Small Debt Acts if the aliment claimed in the action does not exceed—

(a)the sum of five pounds per week in respect of the pursuer, and

(b)the sum of thirty shillings per week in respect of each child (if any) of the marriage;

and a provision in any enactment limiting the jurisdiction of the sheriff in the small debt court by reference to any amount, or limiting the period for which a decree granted in that court shall have effect, shall not apply in relation to such an action of interim aliment as is described in this subsection.

(2)Without prejudice to the provisions regarding jurisdiction of any other enactment, the sheriff shall also have jurisdiction in an action of interim aliment brought in the small debt court by virtue of subsection (1) of this section if—

(a)the pursuer resides within the jurisdiction of the sheriff, and

(b)the action could, by virtue of section 6 of the principal Act (which relates to jurisdiction), have been brought in the sheriff court of another sheriffdom.

(3)The sheriff may on the motion of either party to an action of interim aliment brought in the small debt court (being an action in which he has jurisdiction by virtue of subsection (2) of this section), if it appears to him that the action could more conveniently be disposed of in the small debt court of another sheriffdom, order that the action be transferred to the last-mentioned court, and an action so transferred shall proceed in all respects as if it had been brought originally in the last-mentioned court and the sheriff having jurisdiction in that court may hear and determine the action accordingly.

4Citation, construction and commencement.

(1)This Act may be cited as the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963.

(2)In this Act the expression " the principal Act " means the Sheriff Courts (Scotland) Act 1907, as amended by any other enactment, and the principal Act and this Act shall be construed together as one.

(3)This Act shall come into operation on 1st October 1963.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources