The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 1988

Statutory Instruments

1988 No. 1993

SHERIFF COURT, SCOTLAND

The Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 1988

Made

14th November 1988

Coming into force

30th November 1988

At the Court at Buckingham Palace, the 14th day of November 1988

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 41 of the Sheriff Courts (Scotland) Act 1971 (1), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement

1.  This Order may be cited as the Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 1988 and shall come into force on 30th November 1988.

Variation in limit of privative jurisdiction of sheriff court

2.  Section 31 of the Sheriff Courts (Scotland) Act 1971 shall be amended by substituting for the sum of five hundred pounds (2)the sum of one thousand five hundred pounds.

Variation in limit of summary cause

3.  Paragraphs (a), (b) and (c) of section 35(1) of the Sheriff Courts (Scotland) Act 1971 shall be amended by substituting for the sum of one thousand pounds (3)the sum of one thousand five hundred pounds.

Supplementary provisions

4.  The amendments made by articles 2 and 3 of this Order shall not apply in relation to any proceedings commenced before this Order comes into force.

Revocations

5.  The Sheriff Courts (Scotland) Act 1971 (Private Jurisdiction, etc.) Order 1976 (4)and the Sheriff Courts (Scotland) Act 1971 (Summary Cause) Order 1981 (5) are hereby revoked.

G I de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order raises the limit of the privative (or exclusive) jurisdiction of the sheriff court and the limit of the summary cause from £500 and £1,000 respectively to £1,500. The new limits do not apply to proceedings commenced before the Order comes into force.

(1)

1971 c. 58; section 41(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), Schedule 3.

(2)

Section 31 was amended by S.I. 1976/900

(3)

Paragraphs (a), (b) and (c) of section 35(1) were amended by S.I. 1981/842

(4)

S.I. 1976/900

(5)

S.I. 1981/842