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Sheriff Courts (Scotland) Act 1971

Status:

This is the original version (as it was originally enacted).

Miscellaneous and supplemental

39Amendment of s. 30 of Sheriff Courts (Scotland) Act 1907

In section 30 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 (which allows the removal of a cause from the sheriff court to the Court of Session for jury trial in certain cases where the claim exceeds fifty pounds), for the words " fifty pounds " there shall be substituted the words " two hundred and fifty pounds ".

40Amendment of s. 31 of Sheriff Courts (Scotland) Act 1907

In section 31 of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 (which provides for the trial by jury in the sheriff court, in certain circumstances, of actions where the claim exceeds fifty pounds), for the words " fifty pounds " there shall be substituted the words " two hundred and fifty pounds ".

41Power of Her Majesty to vary limit to privative jurisdiction of sheriff court, etc.

(1)If it appears to Her Majesty in Council that the sum of two hundred and fifty pounds specified in any of the provisions of this Act mentioned in subsection (2) below (or such other sum as may be specified in that provision by virtue of an Order in Council under this section) should be varied, Her Majesty may by Order in Council, specifying the provision and the sum in question, direct that the provision shall be amended so as to substitute for that sum such other sum as may be specified in the Order.

(2)The provisions referred to in subsection (1) above are—

  • section 31,

  • paragraphs (a), (b) and (c) of section 35,

  • section 39,

  • section 40.

(3)An Order in Council under this section may contain such incidental, supplemental or consequential provisions as appear to Her Majesty in Council to be necessary or expedient for the purposes of the Order.

(4)Any Order in Council made under this section may be revoked by a subsequent Order in Council under this section which substitutes another sum for the sum specified in the Order which is thereby revoked.

(5)No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.

42Application of provisions regarding jurisdiction and summary causes

The following provisions of this Act, namely—

  • section 31,

  • sections 35 to 40,

  • section 46(2) so far as relating to the enactments mentioned in Part II of Schedule 2,

  • Schedule 1 (except paragraph 1),

shall not apply in relation to any proceedings commenced before the commencement of this Act.

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