Search Legislation

Courts Reform (Scotland) Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: CHAPTER 3

 Help about opening options

Alternative versions:

Changes to legislation:

Courts Reform (Scotland) Act 2014, CHAPTER 3 is up to date with all changes known to be in force on or before 06 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 3 Chapter 3:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

CHAPTER 3SREMIT OF CASES BETWEEN COURTS

92Remit of cases to the Court of SessionS

(1)Subsection (2) applies to any civil proceedings before a sheriff that are—

(a)proceedings that the Court of Session also has competence and jurisdiction to deal with,

(b)not proceedings to which section 39 applies, and

(c)not subject to simple procedure.

(2)On the application of any of the parties to the proceedings, the sheriff may, at any stage, remit the proceedings to the Court of Session if the sheriff considers that the importance or difficulty of the proceedings makes it appropriate to do so.

(3)Subsection (4) applies to any civil proceedings before a sheriff that are—

(a)proceedings to which section 39 applies,

(b)proceedings that the Court of Session would (but for that section) also have competence and jurisdiction to deal with, and

(c)not subject to simple procedure.

(4)On the application of any of the parties to the proceedings, the sheriff may, at any stage, request the Court of Session to allow the proceedings to be remitted to that Court if the sheriff considers that the importance or difficulty of the proceedings makes it appropriate to do so.

(5)On receiving a request under subsection (4), the Court of Session may, on cause shown, allow the proceedings to be remitted to the Court.

(6)If the Court of Session allows the proceedings to be remitted to that Court, the sheriff is to remit the proceedings to that Court.

(7)Where the proceedings are remitted to the Court of Session under subsection (6), the proceedings may be dealt with and disposed of by that Court despite section 39(2).

Commencement Information

I1S. 92 in force at 22.9.2015 by S.S.I. 2015/247, art. 2, Sch. (with art. 11)

93Remit of cases from the Court of SessionS

(1)Subsection (2) applies to any proceedings in the Court of Session if—

(a)they are proceedings that a sheriff also has competence and jurisdiction to deal with,

(b)they would be proceedings to which section 39 applies but for the fact that subsection (1)(b)(ii) of that section is not satisfied, and

(c)the Court considers, at any stage, that it is unlikely that the aggregate total value of all the orders of value granted in the proceedings, exclusive of interest and expenses, will be greater than the sum specified in that subsection.

(2)The Court must remit the proceedings to an appropriate sheriff, unless the Court considers, on cause shown, that the proceedings should remain in the Court of Session.

(3)In considering the matter in subsection (1)(c), the Court is to assume—

(a)that liability for the order sought is established, and

(b)that there will, where appropriate, be no deduction for contributory negligence.

(4)Subsection (5) applies to any proceedings in the Court of Session if—

(a)they are proceedings that a sheriff also has competence and jurisdiction to deal with, but

(b)are not proceedings to which paragraph (b) or (c) of subsection (1) applies.

(5)The Court may, at any stage, remit the proceedings to an appropriate sheriff if the Court considers that the nature of the proceedings makes it appropriate to do so.

(6)The Court may remit proceedings under subsection (2) or (5)—

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

(b)on its own initiative.

(7)In this section, “an appropriate sheriff” means, in relation to proceedings remitted from the Court of Session under this section, a sheriff having competence and jurisdiction to deal with the proceedings sitting at such sheriff court as the Court may, at the time of the remit, specify.

Commencement Information

I2S. 93 in force at 22.9.2015 by S.S.I. 2015/247, art. 2, Sch. (with art. 3(4))

94Remit of cases to the Scottish Land CourtS

(1)Subsection (2) applies to any proceedings before a sheriff where the matter to which the proceedings relate could competently be determined by the Scottish Land Court under—

(a)the Agricultural Holdings (Scotland) Act 1991, or

(b)the Agricultural Holdings (Scotland) Act 2003.

(2)The sheriff may, at any stage, remit the proceedings to the Scottish Land Court if the sheriff considers that it is appropriate to do so.

(3)The sheriff may remit proceedings under subsection (2)—

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

(b)on the sheriff's own initiative.

(4)A decision of the sheriff to remit, or not to remit, the proceedings under subsection (2) is final and no appeal may be taken against it.

Commencement Information

I3S. 94 in force at 22.9.2015 by S.S.I. 2015/247, art. 2, Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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