# Act of Sederunt (Child Care and Maintenance Rules) 1997, Rule 3.59: Appeals: applications for stated case

Extent: S

(A1) This Part applies to appeals by stated case under section 163(1), 164(1), 165(1) and 167(1) of the 2011 Act.
(1) An application to the sheriff to state a case for the purposes of an appeal ... shall specify the point of law upon which the appeal is to proceed or the procedural irregularity, as the case may be.
(2) The appellant shall, at the same time as lodging the application for a stated case, intimate the lodging of an appeal from the decision of the sheriff to –
(a) the Principal Reporter;
(b) the child (if not the appellant), except where service on the child has been dispensed with in terms of rule 3.3;
(c) any relevant person (if not the appellant);
(d) any safeguarder;
(e) any other party to proceedings.
(3) The sheriff shall, within 21 days of the lodging of the application for a stated case, issue a draft stated case–
(a) containing findings in fact and law or, where appropriate, a narrative of the proceedings before him;
(b) containing appropriate questions of law or setting out the procedural irregularity concerned; and
(c) containing a note stating the reasons for his decisions in law,
and the sheriff clerk shall send a copy of the draft stated case to the appellant and to parties referred to in paragraph (2).
(4) Within 7 days of the issue of the draft stated case–
(a) the appellant or a party referred to in paragraph (2) may lodge with the sheriff clerk a note of any adjustments which he seeks to make;
(b) the appellant or such a party may state any point of law or procedural irregularity which he wishes to raise in the appeal; and
(c) the note of adjustment and, where appropriate, point of law or procedural irregularity shall be intimated to the appellant and the other such parties.
(5) The sheriff may, on the motion of the appellant or a party referred to in paragraph (2) or of his own accord, and shall where he proposes to reject any proposed adjustment, allow a hearing on adjustments and may provide for such further procedure under this rule prior to the hearing of the appeal as he thinks fit.
(6) The sheriff shall, within 14 days after–
(a) the latest date on which a note of adjustments has been or may be lodged; or
(b) where there has been a hearing on adjustments, that hearing,
and after considering such note and any representations made to him at the hearing, state and sign the case.
(7) The stated case signed by the sheriff shall include–
(a) questions of law, framed by him, arising from the points of law stated by the parties and such other questions of law as he may consider appropriate;
(b) any adjustments, proposed under paragraph (4), which are rejected by him;
(c) a note of the procedural irregularity averred by the parties and any questions of law or other issue which he considers arise therefrom,
as the case may be.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) The sheriff may, on an application by any party or of his own motion, reduce any of the periods mentioned in paragraph (3), (4) or (6) to such period or periods as he considers reasonable.
(11) Where the sheriff is temporarily absent from duty for any reason, the sheriff principal may extend any period specified in paragraph (3) or (6) for such period or periods as he considers reasonable.

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Source: https://www.legislation.gov.uk/uksi/1997/291/rule/3.59 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-child-care-and-maintenance-rules-1997/rule-3.59
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.