The All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/213 |
2015No. 213
SHERIFF COURT
The All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015
26thMay2015
28thMay2015
22ndSeptember2015
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 41(1) and 133(1) of the Courts Reform (Scotland) Act 2014( 1), article 5 of the Courts Reform (Scotland) Act 2014 (Consequential Provisions and Modifications) Order 2015( 2) and all other powers enabling them to do so.
In accordance with section 41(3) of that Act the Scottish Ministers have obtained the consent of the Lord President of the Court of Session.
Citation, commencement and interpretation
1.-(1) This Order may be cited as the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 and comes into force on 22nd September 2015.
(2) In this Order-
"the Act" means the Courts Reform (Scotland) Act 2014;
"the 1971 Act" means the Sheriff Courts (Scotland) Act 1971( 3);
"personal injuries" includes any disease or impairment, whether physical or mental; and
"work" and "at work" have the meanings given in section 52 of the Health and Safety at Work etc. Act 1974 (meaning of work and at work)( 4).
All-Scotland sheriff court: specified sheriffdom and specified sheriff court
2.-(1) A sheriff of the sheriffdom of Lothian and Borders sitting at Edinburgh Sheriff Court has jurisdiction extending territorially throughout Scotland for the purposes of dealing with the types of civil proceedings specified in article 3.
(2) An all-Scotland sheriff court( 5) sitting by virtue of this Order is to be referred to as the Sheriff Personal Injury Court.
All-Scotland sheriff court: specified types of civil proceedings
3. Civil proceedings are specified if-
(a) they are actions of damages for, or arising from, personal injuries or death of a person from personal injuries; and(b) article 4 or 5 applies.Actions for payment of a sum exceeding £5,000
4. This article applies where the proceedings would not be subject to simple procedure if they were brought under a sheriff's local jurisdiction( 6).
Workplace-related actions
5.-(1) This article applies where the proceedings concern an accident at work or otherwise concern personal injuries sustained in the course of the pursuer's, or as the case may be, the deceased's work and paragraph (2) or (3) applies.
(2) This paragraph applies where the proceedings are for payment of a sum of money exceeding £1,000.
(3) This paragraph...
To continue reading
Request your trial