Paragraph 69.3 AppealsF1
An appeal to the Sheriff Appeal Court under section 24(1)(b) of the 2016 Act against the making of, or refusal to make, an order under section 23 varying or discharging a labour market enforcement order made under section 20 is to be made by note of appeal in Form 69.3.
The note of appeal is to be lodged no later than 7 days after the decision appealed against with the clerk of the court from which the appeal is to be taken.
On receipt of the note of appeal the clerk of court must send a copy of the note to the respondent in the appeal or to the respondent’s solicitor, and obtain a report from the sheriff who made the decision appealed against.
Subject to paragraph (5), the clerk of court must no later than 14 days after the decision against which the appeal is taken—
send to the Clerk of the Sheriff Appeal Court the note of appeal, together with the report mentioned in paragraph (3) above, the minute of proceedings and any other relevant documents; and
send copies of that report to the appellant and respondent in the appeal or to their solicitors.
The sheriff principal of the sheriffdom in which the judgment was pronounced may, on cause shown, extend the period of 14 days specified in paragraph (4) above for such period as the sheriff principal considers reasonable.
Where the sheriff’s report as mentioned in paragraph (3) above is not furnished within the period mentioned in paragraph (4) above, or such period as extended under paragraph (5) above, the Sheriff Appeal Court may extend such period, or, if it thinks fit, hear and determine the appeal without the report.
For the purposes of hearing and determining any appeal under this rule three of the Appeal Sheriffs is a quorum of the Sheriff Appeal Court, and the determination of any question under this rule by the court is to be according to the votes of the majority of the members of the court sitting, including the presiding Appeal Sheriff, and each Appeal Sheriff so sitting is entitled to pronounce a separate opinion.
Rule 19.14 (list of appeals) and rule 19.16 (intimation of determination of appeal) of Chapter 19 (Appeals from Summary Proceedings) apply to any appeal made under this Chapter.