OpenLegislation

Rule 15.12 Provisions supplemental to rule 15.11(3)I1

Scotland

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

(1)

The petitioner or his solicitor shall, on lodging a petition under rule 15.11(3), send a copy of it to—

(a)

the Crown Agent; and

(b)

if the sentencing court was the sheriff, the clerk of that court.

(2)

The High 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.

(3)

An order made by a single judge under paragraph (2) shall not be subject to review.

(4)

On an order being made on a petition under rule 15.11(3), 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.

(5)

Where the order referred to in paragraph (4) suspends a disqualification from driving, 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.

(6)

The Clerk of Justiciary shall, on determination of the appeal against a disqualification from driving—

(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 of that court shall, if appropriate, make the appropriate endorsement on the appellant’s driving licence and intimate the disqualification to the persons concerned; or

(b)

if the appeal against the disqualification is refused, make the appropriate endorsement on the appellant’s driving licence and intimate the disqualification to the persons concerned.

(7)

Where leave to appeal has been refused under section 107 of the Act of 1995,“determination” in paragraph (6) of this rule means—

(a)

the fifteenth day after the date of intimation to the appellant or his solicitor of refusal of leave under subsection (1)(b) of that section, unless the appellant applies to the High Court for leave to appeal; or

(b)

the day two days after the date of intimation to the appellant or his solicitor of the refusal of leave by the High Court under subsection (5)(b) of that section.

Annotations

Commencement

I1

Sch. 2 rule 15.12 in force at 1.4.1996, see para. 1(1)