Phase 1 CDTI annual project technical report to technical consultative committee (TCC): Jan 2007 through Dec 2007
In section 3 (i) of the principal Act (which provides that in that Act the expression " summary cause " is to include actions (other than actions in the small debt court) for payment of money not exceeding fifty pounds and actions the value of which is agreed by the parties thereto not to exceed fifty pounds), and in Rule 40 of the First Schedule to the principal Act (which empowers the sheriff to direct that a cause be tried as a summary cause notwithstanding that its value exceeds fifty pounds), for the references to fifty pounds there shall be substituted references to two hundred and fifty pounds.
The amendments made by the foregoing subsection shall not apply in relation to any proceedings commenced before the commencement of this Act.
In section 42 of the principal Act (by virtue of which the Small Debt Acts apply to all causes competent thereunder the value of which does not exceed twenty pounds) for the references to twenty pounds there shall be substituted references to fifty pounds.
The amendments made by the foregoing subsection shall not apply in relation to any proceedings commenced before the commencement of this Act.
An action under section 2 of the Family Law (Scotland) Act 1985 for aliment only (whether or not expenses are also sought) may be brought before the sheriff as a summary cause if the aliment claimed in the action does not exceed— and any provision in any enactment limiting the jurisdiction of the sheriff in a summary cause by reference to any amount, or limiting the period for which a decree granted by him shall have effect, shall not apply in relation to such an action.
in respect of a child under the age of 18 years, the sum of £35 per week; and
in any other case, the sum of £70 per week;
Without prejudice to any other enactment, the sheriff shall have jurisdiction in an action for aliment brought as a summary cause by virtue of subsection (1) above if—
the pursuer resides within the jurisdiction of the sheriff, and
the action could, by virtue of section 6 of the principal Act (which relates to jurisdiction), have been brought in the sheriff court of another sheriffdom.
The Lord Advocate may by order vary the amounts prescribed in paragraphs (a) and (b) of subsection (1) above.
The power to make an order under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power to vary or revoke any order made thereunder.
This Act may be cited as the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963.
In this Act the expression “the principal Act” means the Sheriff Courts (Scotland) Act 1907, as amended by any other enactment, and the principal Act and this Act shall be construed together as one.
This Act shall come into operation on 1st October 1963.