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Civil Jurisdiction and Judgments Act 1982

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This is the original version (as it was originally enacted).

Consumer Credit Act 1974 (c. 39)

4In 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..

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