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Rule 37AA.11 Appeal to the Sheriff Appeal CourtF1F2

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

(1)

An appeal to the Sheriff Appeal Court under section 336B(8) (proceedings under section 336A: supplementary) of the Act of 2002 is to be made by lodging a note of appeal in Form 37AA.11-A.

(2)

When an appeal is lodged, the court must—

(a)

order intimation of the appeal to—

(i)

the senior officer and any interested person other than the appellant, where an interested person is the appellant; or

(ii)

any interested person, where the senior officer is the appellant; and

(b)

appoint a hearing on the appeal.

(3)

An appeal to the Sheriff Appeal Court under section 339ZJ(1) (appeals) of the Act of 2002 is to be made by lodging a note of appeal in Form 37AA.11-B.

(4)

When an appeal is lodged the court must—

(a)

order intimation of the appeal to—

(i)

the procurator fiscal and any other person who was a party to the proceedings on the application, where a respondent to the proceedings on the application is the appellant; or

(ii)

any respondent to the proceedings on the application, where the procurator fiscal is the appellant; and

(b)

appoint a hearing on the appeal.

Annotations

Textual amendments

F1

Sch. 2 Ch. 37AA substituted for Sch. 2 Ch. 37 (24.2.2003 for specified purposes, 24.3.2003 in so far as not already in force) by Act of Adjournal (Criminal Procedure Rules Amendment) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/120), paras. 1(1), 2(2) (with para. 3)

F2

Sch. 2 rule 37AA.11 inserted (21.12.2017) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 5) (Proceeds of Crime etc.) 2017 (S.S.I. 2017/429), paras. 1(2), 2(2)(c)