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Rule 22.2A Objections to special measuresF1F2

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

(1)

An objection notice under section 271A(4A) or 271C(4A) of the Act of 1995 (objections to special measures) shall be in Form 22.2A and shall be lodged with the clerk of court.

(2)

On receipt of an objection notice mentioned in paragraph (1)—

(a)

the clerk of court shall endorse the time and date on which it is received;

(b)

the court shall make an order under section 271A(5A) or 271C(5A) of the Act of 1995; and

(c)

the court shall order intimation of the hearing to be made to the parties.

(3)

The party that lodges the objection notice shall lodge a certificate of intimation with the clerk of court—

(a)

within 7 days after lodging the notice; or

(b)

where a diet mentioned in paragraph (4) has been fixed, at least 2 days before that diet,

whichever is earlier.

(4)

The diets are—

(a)

a first diet;

(b)

a preliminary hearing; or

(c)

a diet appointed in terms of section 271A(5A)(c) or 271C(5A)(c) of the Act of 1995.

Annotations

Textual amendments

F1

Sch. 2 Ch. 22 substituted (1.4.2005) by Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Vulnerable Witnesses (Scotland) Act 2004) 2005 (S.S.I. 2005/188), paras. 1(1), 2(6) (with para. 2(2))

F2

Sch. 2 rule 22.2A inserted (with effect in accordance with para. 1(3) of the amending S.S.I.) by Act of Adjournal (Criminal Procedure Rules 1996 and Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 4) (Sheriff Appeal Court) 2015 Amendment) (Miscellaneous) 2015 (S.S.I. 2015/295), paras. 1(2), 4(5)