sc(s)a1971/s35.- Sheriff Courts (Scotland) Act 1971 Section 35 Summary causes

 

 

35. - (1) The definition of "summary cause" contained in paragraph (i) of section 3 of the Sheriff Courts (Scotland) Act 1907 shall cease to have effect; and for the purposes of the procedure and practice in Civil proceedings in the sheriff Court there shall be a form of process, to be known as a "summary cause", which shall be used for the purposes of all civil proceedings brought in that Court, being proceedings of one or other of the following descriptions, namely -

   
 

    (a) actions for payment of money not exceeding [£1000 1] (exclusive of interest and expenses);

   
 

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[(IA) For the avoidance of doubt it is hereby declared that nothing in subsection (1) above shall prevent the Court of Session from making different rules of procedure and practice in relation to different descriptions of summary cause proceedings. 2

   
 

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1 Originally £250. Raised to £500 by S.I. 1976 No 900; and to £1000 with effect from 1 September 1981 by S.I. 1981 No 842.

2 Inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, Sch. 2, para. 14.