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Courts Reform (Scotland) Act 2014

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86Power to enable sheriff to make orders having effect outside sheriffdomS
This section has no associated Explanatory Notes

(1)In this section, “relevant order” means an order—

(a)which a sheriff has competence and jurisdiction to make in civil proceedings, but

(b)which, apart from this section, the sheriff could make only so as to have effect or be enforceable within the sheriff's sheriffdom.

(2)The Scottish Ministers may by order provide for a sheriff to have competence to make relevant orders having effect (and being capable of being enforced) outside the sheriff's sheriffdom as well as within that sheriffdom (referred to in this section as “extended competence”).

(3)An order under subsection (2) may—

(a)make provision in relation to all relevant orders or in relation only to specified categories or descriptions of relevant order,

(b)make different provision in relation to different categories or descriptions of relevant order,

(c)provide for a sheriff to have extended competence only—

(i)in such circumstances,

(ii)in relation to such civil proceedings, or

(iii)subject to such conditions,

as are specified in the order,

(d)make provision about jurisdiction in relation to proceedings for relevant orders,

(e)make provision for the transfer of proceedings for relevant orders between different sheriffdoms,

(f)make provision about the enforcement of orders made in the exercise of extended competence (including provision about jurisdiction in relation to enforcement proceedings).

(4)Subsection (3) does not affect the generality of section 133(1).

(5)In subsection (1), “order”—

(a)includes “interim order”, but

(b)does not include an interdict or an interim interdict.

Commencement Information

I1S. 86 in force at 1.4.2015 for specified purposes by S.S.I. 2015/77, art. 2(2)(3), Sch.

I2S. 86 in force at 28.11.2016 in so far as not already in force by S.S.I. 2016/291, art. 2, sch.

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