20 Rules as to jurisdiction in Scotland.U.K.
(1)Subject to [F1the Regulation, to] Parts I and II and to the following provisions of this Part, Schedule 8 has effect to determine in what circumstances a person may be sued in civil proceedings in the Court of Session or in a sheriff court.
(2)Nothing in Schedule 8 affects the competence as respects subject-matter or value of the Court of Session or of the sheriff court.
(3)Section 6 of the M1Sheriff Courts (Scotland) Act 1907 shall cease to have effect
[F2(a)]to the extent that it determines jurisdiction in relation to any matter to which Schedule 8 applies [F3; and
(b)to the extent that it relates to any matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.]
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In determining any question as to the meaning or effect of any provision contained in Schedule 8 F5 . . .—
(a)regard shall be had to any relevant principles laid down by the European Court in connection with Title II of the 1968 Convention [F6or Chapter II of the Regulation] and to any relevant decision of that court as to the meaning or effect of any provision of that Title [F7or that Chapter]; and
(b)without prejudice to the generality of paragraph (a), the reports mentioned in section 3(3) may be considered and shall, so far as relevant, be given such weight as is appropriate in the circumstances.
Textual Amendments
F1Words in s. 20(1) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(a) (with transitional provisions in art. 6)
F2Words in s. 20(3) renumbered as s. 20(3)(a) (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 4(a)
F3S. 20(3)(b) and preceding word inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), Sch. 4 para. 4(b)
F4S. 20(4) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(b) (with transitional provisions in art. 6)
F5Words in s. 20(5) omitted (1.3.2002) by virtue of S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(i) (with transitional provisions in art. 6)
F6Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(ii) (with transitional provisions in art. 6)
F7Words in s. 20(5)(a) inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 4, Sch. 2 para. 6(c)(iii) (with transitional provisions in art. 6)
Marginal Citations