Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
26.1.(1)The sheriff may, on cause shown, remit any cause to another sheriff court.
(2)Subject to paragraph (4), where a cause in which there are two or more defenders has been brought in the sheriff court of the residence or place of business of one of them, the sheriff may transfer the cause to any other sheriff court which has jurisdiction over any of the defenders.
(3)Subject to pargagraph (4), where a plea of no jurisdiction is sustained, the sheriff may transfer the cause to the sheriff court before which it appears to him the cause ought to have been brought.
(4)The sheriff shall not transfer a cause to another sheriff court under paragraph (2) or (3) except—
(a)on the motion of a party; and
(b)where he considers it expedient to do so having regard to the convenience of the parties and their witnesses.
(5)On making an order under paragraph (1), (2) or (3), the sheriff—
(a)shall state his reasons for doing so in the interlocutor; and
(b)may make the order on such conditions as to expenses or otherwise as he thinks fit.
(6)The court to which a cause is transferred under paragraph (1), (2) or (3) shall accept the cause.
(7)A transferred cause shall proceed in all respects as if it had been originally brought in the court to which it is transferred.
(8)An interlocutor transferring a cause may, with leave of the sheriff, be appealed to the sheriff principal but shall not be subject to appeal to the Court of Session.
26.2.(1)The sheriff clerk shall, within four days after the sheriff has pronounced an interlocutor remitting a cause to the Court of Session, transmit the process to the Deputy Principal Clerk of Session.
(2)The sheriff clerk shall, within the period specified in paragraph (1), send written notice of the remit to each party and certify on the interlocutor sheet that he has done so.
(3)Failure by a sheriff clerk to comply with paragraph (2) shall not affect the validity of a remit made under paragraph (1).
26.3.On receipt of the process in an action which has been remitted from the Court of Session under section 14 of the M1Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, the sheriff clerk shall—
(a)record the date of receipt on the interlocutor sheet;
(b)fix a hearing to determine further procedure on the first suitable court day occurring not earlier than 14 days after the date of receipt of the process; and
(c)forthwith send written notice of the date of the hearing fixed under sub-paragraph (b) to each party.