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.