(1)In sections 6 and 7 above “consumer” and “consumer contract” have the meanings assigned to those expressions by section 25(1) of the Act of 1977 and “domestic arbitration agreement” has the same meaning as in section 1 of the [1975 c. 3.] Arbitration Act 1975.
(2)For the purposes of sections 6 and 7 above a difference is “relevant” where, if (disregarding the arbitration agreement) it were to be resolved by civil proceedings in the sheriff court—
(a)the form of process to be used for the purposes of those proceedings would be that of a summary cause; or
(b)the proceedings would come within such description of proceedings as may, by order, be specified by the Secretary of State for the purposes of this paragraph.
(3)The power to make an order under paragraph (b) of subsection (2) above shall be exercisable by statutory instrument made with the concurrence of the Lord Advocate; but no order shall be so made unless a draft has been laid before, and approved by resolution of, each House of Parliament.