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Rule 19.10 Applications for suspension of disqualification from driving in bills of suspensionI1

Scotland

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

(1)

Where a person who has been disqualified from holding or obtaining a driving licence appeals against that disqualification by bill of suspension, an application to suspend the disqualification shall be made by requesting interim suspension of the disqualification in the prayer of the bill.

(2)

Where the court orders interim suspension, that order shall not have effect until—

(a)

the bill has been served on the respondent; and

(b)

the principal bill and first deliverance on the bill with an execution, or acceptance, of service—

(i)

have been shown to the clerk of the sentencing court and he has endorsed a certificate of exhibition; and

(ii)

they have been returned to the F1Clerk of the Sheriff Appeal Court by the complainer or his solicitor.

(3)

On certifying the bill under paragraph (2), the clerk of the court which imposed the disqualification shall send a certified copy of the complaint and the relative minute of proceedings to the F2Clerk of the Sheriff Appeal Court.

(4)

Paragraphs (2), (8), (9) and (10) of rule 19.9 (applications for suspension of disqualification from driving in appeals) apply to this rule as they apply to that rule.

Annotations

Textual amendments

F1

Words in Sch. 2 rule 19.10(2)(b)(ii) 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), 2(7) (with para. 6(1))

F2

Words in Sch. 2 rule 19.10(3) 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), 2(7) (with para. 6(1))

Commencement

I1

Sch. 2 rule 19.10 in force at 1.4.1996, see para. 1(1)