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PART 3 SCIVIL PROCEDURE

CHAPTER 1SSHERIFF COURT

Simple procedureS

79Proceedings in an all-Scotland sheriff court: transfer to simple procedureS

(1)This section applies to any relevant proceedings in an all-Scotland sheriff court.

(2)A party to the proceedings may, at any stage, make an application for the proceedings to continue subject to simple procedure in another sheriff court.

(3)Where such an application is made, the sheriff may, on special cause shown—

(a)direct that the proceedings are to continue subject to simple procedure for all purposes (including appeal), and

(b)make an order transferring the proceedings to another sheriff court having jurisdiction in relation to the proceedings.

(4)Where a sheriff makes a direction under section 78(3) in relation to proceedings to which this section applies, the sheriff must make an order transferring the proceedings to another sheriff court having jurisdiction in relation to the proceedings.

(5)In this section, “relevant proceedings” has the same meaning as in section 73.

Commencement Information

I1S. 79 in force at 22.9.2015 by S.S.I. 2015/247, art. 2, Sch. (with art. 10 (as amended (28.11.2016) by S.S.I. 2016/387, art. 1, sch. 1 para. 8)