HL Deb 29 June 1982 vol 432 cc186-7

46 Schedule 11, page 96, line 32, leave out from beginning to end of line 6 on page 97 and insert— (3) In Scotland the sheriff court shall have jurisdiction to hear and determine any action referred to in subsection (1) and such an action shall not be brought in any other court. (3A) Subject to subsection (3B) an action which is brought in the sheriff court by virtue of subsection (3) shall be brought only in one of the following courts, namely—

  1. (a) the court for the place where the debtor or hirer is domiciled (within the meaning of section 40 or 41 of the Civil Jurisdiction and Judgments Act 1982);
  2. (b) the court for the place where the debtor or hirer carries on business; and
  3. (c) where the purpose of the action is to assert, declare or determine proprietory or possessory rights, or rights of security, in or over moveable property, or to obtain authority to dispose of moveable property, the court for the place where the property is situated.
(3B) Subsection (3A) shall not apply—
  1. (a) where Rule 3 of Schedule 7 to the said Act of 1982 applies; or
  2. (b) where the jurisdiction of another court has been prorogated by an agreement entered into after the dispute has arisen.".

Lord Mackay of Clashfern

My Lords, I beg to move, that this House doth agree with the Commons in their Amendment No. 46. This amendment to paragraph 3 of Schedule 11, Part II, corrects certain deficiencies in the amendment to Section 141 of the Consumer Credit Act 1974 as it formerly appeared in the Bill. That is the purpose of the amendment and I do not think I need to explain it further.

Moved, That this House doth agree with the Commons in their said amendment.—(Lord Mackay of Clashfern.)

On Question, Motion agreed to.