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

Made14th November 1988

Coming into force30th 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 commencement1

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 court2

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

Variation in limit of summary cause3

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 3the sum of one thousand five hundred pounds.

Supplementary provisions4

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.

Revocations5

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

G I de DeneyClerk of the Privy Council

(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.