[F2Subject to section 8 of the M1Domicile and Matrimonial Proceedings Act 1973 [F3and Chapter III of Part I of the Family Law Act 1986].] Any action competent in the sheriff court may be brought within the jurisdiction of the [F4sheriff principal]—
(a)Where the defender (or when there are several defenders [F5over each of whom a sheriff court has jurisdiction in terms of this Act] where one of them) resides within the jurisdiction, or having resided there for at least forty days . . . F6 has ceased to reside there for less than forty days [F6and has no known residence in Scotland]:
(b)Where the defender carries on business, and has a place of business within the [F7jurisdiction], and is cited either personally or at such place of business:
(c)Where the defender is a person not otherwise subject to the jurisdiction of the courts of Scotland, and a ship or vessel of which he is owner or part owner [F8or demise charterer] or master, or goods, debts, money, or other moveable property belonging to him, have been arrested within the jurisdiction:
(d)Where the defender is the owner or part owner or tenant or joint tenant, whether individually or as a trustee, of heritable property within the jurisdiction, and the action relates to such property or to his interest therein:
(e)Where the action is for interdict against an alleged wrong being committed or threatened to be committed within the jurisdiction:
(f)Where the action relates to a contract the place of execution or performance of which is within the jurisdiction, and the defender is personally cited there:
(g)Where in an action of furthcoming or multiplepoinding the fund or subject in medio is situated within the jurisdiction; or the arrestee or holder of the fund is subject to the jurisdiction of the court:
(h)Where the party sued is the pursuer in any action pending within the jurisdiction against the party suing:
[F9(i)where the action is founded on delict, and the delict forming the cause of action was committed within the jurisdiction.]
(j)Where the defender prorogates the jurisdiction of the court.]
Textual Amendments
F1S. 6 repealed by Administration of Justice Act 1956 (c. 46), s. 45(6) in relation to actions to which s. 45 of that Act applies
F2Words inserted by Domicile and Matrimonial Proceedings Act 1973 (c. 45), s. 12(7), Sch. 4 para. 1
F3Words inserted (S.) by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(1), Sch. 1 para. 3
F4Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
F5Words inserted by Sheriff Courts (Scotland) Act 1913 (2 & 3 Geo. 5 c. 28), Sch. 1
F6Words repealed by Sheriff Courts (Scotland) Act 1913 (2 & 3 Geo. 5 c. 28), Sch. 1
F7Words substituted by Sheriff Courts (Scotland) Act 1913 (2 & 3 Geo. 5 c. 28), Sch. 1
F8Words in s. 6(c) inserted (1.7.2010) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 4 para. 13; S.S.I. 2010/249, art. 2 (with art. 3)
F9S. 6(i) substituted by Law Reform (Jurisdiction in Delict) (Scotland) Act 1971 (c. 55), s. 1(2)(3)
Modifications etc. (not altering text)
C1S. 6 repealed in part by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 20(3)
Marginal Citations