Explanatory Notes

Courts Reform (Scotland) Act 2014

2014 asp 18

10 November 2014

The Act

Part 1 - Sheriff Courts

Chapter 4 - Competence and jurisdiction
Summary sheriffs: civil and criminal competence and jurisdiction
Section 44 – Summary sheriff: civil competence and jurisdiction

76.Section 44 provides that a summary sheriff may exercise all of the jurisdiction and powers of the sheriff in relation to civil proceedings, but only with regard to the proceedings and matters listed in schedule 1 (subsection (1)). Subsection (2) provides that a sheriff still has jurisdiction and competence over the matters in schedule 1. Subsection (3) permits the Scottish Ministers by order (subject to the affirmative procedure) to amend schedule 1.