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Courts Reform (Scotland) Act 2014
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This version of this part contains provisions that are prospective.
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Courts Reform (Scotland) Act 2014,
PART 4
is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- sch. 1 para. 5A and cross-heading inserted by 2020 asp 9 s. 9
- sch. 1 para. 2(g)(h) inserted by 2021 asp 16 s. 15(8)
PART 4 SSIMPLE PROCEDURE
Prospective
Heritable Securities (Scotland) Act 1894S
20SIn section 5 of the Heritable Securities (Scotland) Act 1894 (power to eject proprietor in personal occupation), after subsection (2) insert—
“(2A)Subsection (2) is subject to section 72(3) of the Courts Reform (Scotland) Act 2014 (which provides for certain proceedings for the recovery of heritable property to be subject to simple procedure).”.
Prospective
Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963S
21SThe Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963 is repealed.
Prospective
Conveyancing and Feudal Reform (Scotland) Act 1970S
22SIn section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (application by creditor to court for remedies on default), after subsection (1D) insert—
“(1E)Subsection (1D) is subject to section 72(3) of the Courts Reform (Scotland) Act 2014 (which provides for certain proceedings for the recovery of heritable property to be subject to simple procedure).”.
Legal Aid (Scotland) Act 1986S
23(1)Part 2 of Schedule 2 to the Legal Aid (Scotland) Act 1986 (proceedings in which civil legal aid is not available) is amended in accordance with this paragraph.S
(2)In paragraph 3, sub-paragraph (c) (small claims) is repealed.
(3)After paragraph 3, insert—
“3ACivil legal aid shall not be available in relation to the following categories of simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014) at first instance, namely—
(a)proceedings for payment of a sum of money not exceeding £3,000 (exclusive of interest and expenses), other than—
(i)proceedings in respect of aliment or interim aliment, and
(ii)actions for personal injury,
(b)actions ad factum praestandum and proceedings for the recovery of possession of moveable property in which (in either case) there is included, as an alternative to the claim, a claim for payment of a sum of money not exceeding £3,000 (exclusive of interest and expenses).
3BIn paragraph 3A—
(a)“actions for personal injury” means actions to which section 17 or 18 of the Prescription and Limitation (Scotland) Act 1973 applies, and
(b)“actions ad factum praestandum” includes actions for delivery and actions for implement but does not include actions for count, reckoning and payment.”.
Commencement Information
I1Sch. 5 para. 23 in force at 28.11.2016 by S.S.I. 2016/291, art. 2, sch. (with art. 3(1)(3))
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