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Paragraph 38 Applications for transfer under section 303A of the Act of 1995F1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Any application to F2the appropriate Appeal Court under section 303A of the Act of 1995 for an order authorising a person (the “applicant”) as executor, or as the case may be by reason of his having a legitimate interest, to institute or continue any appeal which could have been or has been instituted by a deceased person shall be made in Form 38 and shall be accompanied by a copy of the confirmation of the applicant as executor or evidence of his legitimate interest, as the case may be.

Annotations

Textual amendments

F1

Sch. 2 Ch. 38 inserted (1.8.1997) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) 1997 (S.I. 1997/1834), paras. 1(1), 2(5)

F2

Words in Sch. 2 rule 38 substituted (22.9.2015) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 (S.S.I. 2015/245), paras. 1(2), 4(9) (with para. 6(4))