Rule 15.11 Suspension of disqualification from driving pending appealI1

Scotland

(1)

Where a person who has been disqualified from holding or obtaining a driving licence following a conviction on indictment appeals against that disqualification to the High 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; or

(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 to the High Court.

(2)

An application to the sheriff under paragraph (1)(a) shall be—

(a)

in Form 15.11-A, and

(b)

lodged with the sheriff clerk with a copy of the note of appeal endorsed with the receipt of the Clerk of Justiciary;

and the sheriff clerk shall record the order made by the sheriff on the application in the minute of proceedings.

(3)

A petition to the High Court under paragraph (1)(b) shall be—

(a)

in Form 15.11-B; and

(b)

lodged with the Clerk of Justiciary.

Annotations

Commencement

I1: Sch. 2 rule 15.11 in force at 1.4.1996, see para. 1(1)