Rule 3.58 Decision of sheriff in appealsI1
Scotland
The sheriff shall give his decision orally either at the conclusion of the appeal or on such day as he shall appoint F1, subject to the provisions of, or by virtue of, the 2011 Act.
The sheriff may issue a note of the reasons for his decision, and shall require to do so where he F2takes any of the steps referred to in section 156(2) or (3) of the 2011 Act.
Any note in terms of paragraph (2) shall be issued at the time the sheriff gives his decision or within 7 days thereafter.
The sheriff clerk shall forthwith send a copy of the interlocutor containing the decision of the sheriff, and where appropriate of the note referred to in paragraph (2), to the Principal Reporter, to the appellant (and to the child or F3any relevant person, if not the appellant) F4, any safeguarder and such other persons as the sheriff may direct, and shall also return to the Principal Reporter any documents lodged F5with the sheriff clerk.
Where section 159 of the 2011 Act applies the sheriff clerk shall send a copy of the interlocutor containing the decision of the sheriff to the Scottish Legal Aid Board.
Annotations
Textual amendments
- F1
Words in rule 3.58(1) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(a) (with para. 8)
- F2
Words in rule 3.58(2) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(b) (with para. 8)
- F3
Words in rule 3.58(4) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(c)(i) (with para. 8)
- F4
Words in rule 3.58(4) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(c)(ii) (with para. 8)
- F5
Words in rule 3.58(4) substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(c)(iii) (with para. 8)
- F6
Rule 3.58(5) inserted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(47)(d) (with para. 8)
Commencement
- I1
Rule 3.58 in force at 1.4.1997, see rule 1.1(1)
Notes on Part CHAPTER 3
Textual amendments
- F1
Ch. 3 heading substituted (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 3(9)
Notes on Chapter PART VIII
Textual amendments
- F1
Ch. 3 Pt. 8 heading substituted (24.6.2013) by Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013 (S.S.I. 2013/172), paras. 1(1), 3(41) (with para. 8)