PART 3CIVIL PROCEDURE

CHAPTER 1SHERIFF COURT

Simple procedure

74Proceedings for aliment of small amounts under simple procedure

(1)

Subsection (2) applies to a claim for aliment only (whether or not expenses are also sought) under section 2 of the Family Law (Scotland) Act 1985 (actions for aliment).

(2)

The claim may be brought subject to simple procedure if the aliment claimed does not exceed—

(a)

in respect of a child under the age of 18 years, the sum of £100 per week, and

(b)

in any other case, the sum of £200 per week.

(3)

A provision such as is mentioned in subsection (4) does not apply in relation to a claim brought subject to simple procedure under subsection (2).

(4)

The provision referred to in subsection (3) is provision in any enactment—

(a)

limiting the jurisdiction of a sheriff in a simple procedure case by reference to any amount, or

(b)

limiting the period for which a decree granted by a sheriff is to have effect.

(5)

The Scottish Ministers may by order substitute for any sum for the time being mentioned in subsection (2) a different sum.