PART 1SHERIFF COURTS
CHAPTER 4COMPETENCE AND JURISDICTION
Sheriffs: civil competence and jurisdiction
I138Jurisdiction and competence of sheriffs
1
A sheriff continues to have the jurisdiction and competence that attached to the office of sheriff in relation to civil proceedings immediately before this section comes into force.
2
Without limiting that generality, a sheriff has competence as respects proceedings for or in relation to—
a
declarator,
b
aliment or separation,
c
recovery of maintenance arising out of an application under section 31(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972,
d
divorce,
e
division of commonty and division, or division and sale, of common property,
f
questions of heritable right or title, including declarator of irritancy and removing,
g
reduction, other than reduction of a decree of any court,
h
proving the tenor,
i
suspension of charges or threatened charges upon decrees of court granted by a sheriff or upon decrees of registration proceeding upon bonds, bills, contracts or other obligations registered in the books of a sheriff court or the Books of Council and Session,
j
all civil maritime proceedings formerly competent in the High Court of Admiralty in Scotland.
3
For the purpose of subsection (2)(e), the Division of Commonties Act 1695 has effect as if it conferred the same competence on a sheriff as it confers on the Court of Session.