Explanatory Notes

Courts Reform (Scotland) Act 2014

2014 asp 18

10 November 2014

The Act

Part 1 - Sheriff Courts

Chapter 4 - Competence and jurisdiction
Sheriffs: civil competence and jurisdiction
Section 38 – Jurisdiction and competence of sheriffs

68.Subsection (1) is a statement of the civil competence of sheriffs. The approach taken in the Act is to frame this in terms of the competence of a sheriff, rather than the sheriff court. The generality provided for in subsection (1) that sheriffs will retain all the competence and jurisdiction which they had before this Act is enacted is not restricted by the specific kinds of actions listed in subsection (2). This list reflects extensions to competence and jurisdiction after the Sheriff Courts (Scotland) Act 1907.

69.Actions for proving the tenor of documents and reduction are added to the list as recommended by the Scottish Civil Courts Review.