PART 1SHERIFF COURTS
CHAPTER 4COMPETENCE AND JURISDICTION
Sheriffs: civil competence and jurisdiction
39Exclusive competence
1
This section applies to any civil proceedings—
a
which a sheriff has competence to deal with, and
b
in which—
i
one or more orders of value are sought, and
ii
the aggregate total value of all such orders sought, exclusive of interest and expenses, does not exceed £100,000.
2
The proceedings may be brought only in the sheriff court and may not be brought in any other court.
3
This section does not apply to family proceedings unless the only order sought in the proceedings is an order for payment of aliment.
4
Subsection (2) is subject to section 92(7) (remit of cases in exceptional circumstances to the Court of Session).
5
The Scottish Ministers may by order substitute another sum for the sum for the time being specified in subsection (1)(b)(ii).
6
For the purposes of this Act, an order is an order of value if it is—
a
an order for payment of money, or
b
an order determining rights in relation to property.
7
Provision may be made by the Court of Session by act of sederunt for determining, for the purposes of this Act—
a
the value of an order,
b
the aggregate total value of all the orders of value sought in any proceedings.
8
An act of sederunt under subsection (7) may make different provision for different purposes.