Criminal Procedure (Scotland) Act 1975

283 Application of Part II of this Act

(1) This Part of this Act shall apply to summary proceedings in respect of—

(a) any offence which might prior to the passing of this Act, or which may under the provisions of this or any Act, whether passed before or after the passing of this Act, be tried in a summary manner;

(b) any offence or the recovery of a penalty under any statute which does not exclude summary procedure ;

(c) any order ad factum praestandum, or other order of court or warrant competent to a court of summary jurisdiction;

and shall apply to procedure in all courts of summary jurisdiction in so far as they have jurisdiction in the matters aforesaid.

(2) Where any statute provides for summary proceedings or appeal therefrom being taken under any public general or local enactment, such proceedings or appeal shall be taken under this Part of this Act.

(3) Nothing in this Part of this Act shall extend to any information or complaint or other proceeding under or by virtue of any statutory provision for the recovery of any rate, tax, or impost whatsoever, or shall affect any right to sue for a penalty, or to apply for an order of court or other warrant ad factum praestandum in the Court of Session or sheriff court, but it shall not be competent to sue for penalties in the small debt court.