# Act of Adjournal (Consolidation) 1988, Section 86: Suspension of disqualification from driving pending appeal


(1) Where a person who has been disqualified from holding or obtaining a driving licence appeals against that disqualification to the Court, any application to suspend that disqualification pending the hearing of the appeal shall be made—
(a) if the sentencing court was the sheriff, by application to the sheriff;
(b) if the sentencing court was the High Court, or if an application to the sheriff under sub-paragraph (a) has been refused, by petition in the form set out in Form 44 of Schedule 1.
(2) An application to the sheriff under paragraph (1)(a) shall be in the form set out in Form 44A of Schedule 1 and shall be lodged with the sheriff clerk together with a copy of the Note of Appeal endorsed with the receipt of the Clerk of Justiciary.
(3) The sheriff clerk shall record the order made by the sheriff on the application in the minute of proceedings.
(4) A petition under paragraph (1)(b) shall be lodged with the Clerk of Justiciary.
(5) The petitioner or his solicitor shall, on lodging the petition, send a copy of it to—
(a) the Crown Agent, and
(b) if the sentencing court was the sheriff, of the clerk of that court.
(6) The court may order such further intimation (including intimation to the Lord Advocate) as it thinks fit, and may dispose of the application in open court or in chambers as it thinks fit.
(7) An order made by a single judge under paragraph (6) shall not be subject to review.
(8) On an order being made on the petition, the Clerk of Justiciary shall, if the sentencing court was the sheriff, send a certified copy of the order to the clerk of that court.
(9) If the order suspends the disqualification, the Clerk of Justiciary shall also send a certified copy of the order to the Secretary of State with such further information as the Secretary of State may require.
(10) The Clerk of Justiciary shall, on determination of the appeal—
(a) if the sentencing court was the sheriff, send the clerk of that court a certified copy of the order determining the appeal and the clerk shall, if appropriate, make the appropriate endorsement on the appellant’s driving licence and intimate the disqualification;
(b) otherwise if the appeal against the disqualification is refused, make the appropriate endorsement on the appellant’s driving licence, and intimate the disqualification.

---
Source: https://www.legislation.gov.uk/uksi/1988/110/section/86 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-consolidation-1988/section-86
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.