Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

16 Remit from sheriff court to Court of Session

Subject to subsection (2) below, in section 37 of the [1971 c. 58.] Sheriff Courts (Scotland) Act 1971 (remits)—

(a) in subsection (1)—

(i) after the word " sheriff ", where it occurs for the second time, there shall be inserted " —(a) "; and

(ii) at the end there shall be added the words— “;

(b) may, subject to section 7 of the Sheriff Courts (Scotland) Act 1907, on the motion of any of the parties to the cause, if he is of the opinion that the importance or difficulty of the cause make it appropriate to do so, remit the cause to the Court of Session.”;

(b) after subsection (2) there shall be inserted the following subsection—

“(2A) In the case of any action in the sheriff court in relation to the custody or adoption of a child the sheriff may, of his own accord, at any stage remit the action to the Court of Session.”;

(c) for subsection (3) there shall be substituted the following subsection—

“(3) A decision—

(a) to remit, or not to remit, under subsection (2A) above; or

(b) to make, or not to make, a direction by virtue of paragraph (b) of, or the proviso to, subsection (2) above,

shall not be subject to review ; but from a decision to remit, or not to remit, under subsection (11(b) above an appeal shall lie to the Court of Session.”.