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Act of Sederunt (Sheriff Appeal Court Rules) 2015

S.S.I. 2015/356 · Made 21 October 2015 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 2 October 2023.

Sheriff Appeal Court

Made 21st October 2015

Laid before the Scottish Parliament 23rd October 2015

Coming into force 1st January 2016

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013f1, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 14(7) of the Scottish Commission for Human Rights Act 2006f2, section 104(1) of the Courts Reform (Scotland) Act 2014f3 and all other powers enabling it to do so.

Annotations to the whole text

Textual amendments

F1

Rules revoked (with saving in rule 34.3) (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.1 (with rules 1.2, 34.3)

Footnotes

f1

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).

f2

2006 asp 16. Section 14 was amended by S.S.I. 2013/211.

f3

2014 asp 18.

Contents

  1. Part 1: PRELIMINARY MATTERS
  2. Chapter 1: CITATION, COMMENCEMENT AND INTERPRETATION ETC.
  3. 1.1Citation and commencement, etc.
  4. 1.2Interpretation
  5. 1.3Computation of periods of time
  6. 1.4Administrative provisions
  7. 1.5Forms
  8. Part 2: GENERAL PROVISIONS
  9. Chapter 2: RELIEF FOR FAILURE TO COMPLY
  10. 2.1Relief for failure to comply with rules
  11. Chapter 3: SANCTIONS FOR FAILURE TO COMPLY
  12. 3.1Circumstances where a party is in default
  13. 3.2Sanctions where a party is in default
  14. Chapter 4: REPRESENTATION AND SUPPORT
  15. 4.1Representation and support
  16. 4.2Legal representation
  17. 4.3Lay representation: applications
  18. 4.4Lay representation: functions, conditions and duties
  19. 4.5Lay support: applications
  20. 4.6Lay support: functions, conditions and duties
  21. Chapter 5: INTIMATION AND LODGING ETC.
  22. 5.1Interpretation of this Chapter
  23. 5.2Intimation
  24. 5.3Methods of intimation
  25. 5.4Methods of intimation: recorded delivery
  26. 5.5Methods of intimation: by sheriff officer
  27. 5.6Additional methods of intimation where receiving party represented by solicitor
  28. 5.7Lodging
  29. Part 3: INITIATION AND PROGRESS OF AN APPEAL
  30. Chapter 6: INITIATION OF AN APPEAL
  31. 6.1Application of this Chapter
  32. 6.2Form of appeal
  33. 6.3Time for appeal
  34. 6.4Applications to appeal out of time
  35. 6.5Order for intimation and answers
  36. 6.6Initial case management of appeals
  37. 6.7Provisional orders: representations
  38. Chapter 7: STANDARD APPEAL PROCEDURE
  39. 7.1Application of this Chapter
  40. 7.2Timetable in appeal
  41. 7.3Cross-appeals
  42. 7.4Urgent disposal
  43. 7.5Urgent disposal: determination
  44. 7.6Sist of appeal and variation of timetable
  45. 7.7Questions about competency
  46. 7.8Questions about competency: determination
  47. 7.9Appeal print
  48. 7.10Appendix to appeal print: contents
  49. 7.11Appendix to appeal print considered unnecessary
  50. 7.12Notes of argument
  51. 7.13Estimates of duration of appeal hearing
  52. 7.14Procedural hearing
  53. 7.15Transmission of sheriff court process
  54. 7.16Extension of notes of evidence
  55. 7.17Referral to family mediation
  56. Part 4: DISPOSAL OF AN APPEAL
  57. Chapter 8: REFUSAL OF APPEAL DUE TO DELAY
  58. 8.1Application to refuse appeal due to delay
  59. 8.2Determination of application to refuse appeal due to delay
  60. Chapter 9: ABANDONMENT OF APPEAL
  61. 9.1Application to abandon appeal
  62. Chapter 10: REMIT TO THE COURT OF SESSION
  63. 10.1Application to remit appeal to the Court of Session
  64. Chapter 11: APPLICATIONS FOR PERMISSION TO APPEAL TO THE COURT OF SESSION
  65. 11.1Application of this Chapter
  66. 11.2Applications for permission to appeal
  67. Part 5: INCIDENTAL PROCEDURE: STANDARD PROCEDURES
  68. Chapter 12: MOTIONS: GENERAL
  69. 12.1Interpretation
  70. 12.2Making of motions
  71. 12.3Oral motions
  72. 12.4Written motions
  73. 12.5Provision of email addresses to the Clerk
  74. 12.6Grounds for written motion
  75. 12.7Determination of unopposed motions in writing
  76. 12.8Issuing of orders by email
  77. Chapter 13: MOTIONS LODGED BY EMAIL
  78. 13.1Intimation of motions by email
  79. 13.2Opposition to motions
  80. 13.3Consent to motions
  81. 13.4Lodging unopposed motions
  82. 13.5Lodging opposed motions by email
  83. 13.6Variation of periods of intimation
  84. Chapter 14: MOTIONS LODGED BY OTHER MEANS
  85. 14.1Intimation of motions by other means
  86. 14.2Opposition to motions
  87. 14.3Consent to motions
  88. 14.4Lodging of motions
  89. 14.5Joint motions
  90. 14.6Hearing of opposed motions
  91. 14.7Modification of Chapter 5
  92. Chapter 15: MINUTES
  93. 15.1Application of this Chapter
  94. 15.2Form and lodging of minute
  95. 15.3Orders for intimation and answers
  96. 15.4Consent to minute
  97. 15.5Minutes of sist and transference
  98. 15.6Applications to enter process as respondent
  99. Chapter 16: AMENDMENT OF PLEADINGS
  100. 16.1Amendment of sheriff court pleadings
  101. 16.2Amendment of note of appeal and answers etc.
  102. Chapter 17: WITHDRAWAL OF SOLICITORS
  103. 17.1Interpretation of this Chapter
  104. 17.2Giving notice of withdrawal to the Court
  105. 17.3Arrangements for peremptory hearing
  106. 17.4Peremptory hearing
  107. Chapter 18: CAUTION AND SECURITY
  108. 18.1Application of this Chapter
  109. 18.2Form of application to find caution or give security
  110. 18.3Orders for caution or other security: time for compliance
  111. 18.4Methods of finding caution or giving security
  112. 18.5Cautioners and other guarantors
  113. 18.6Form of bond of caution
  114. 18.7Caution or other security: sufficiency and objections
  115. 18.8Insolvency or death of cautioner or guarantor
  116. 18.9Failure to find caution or give security
  117. Chapter 19: EXPENSES
  118. 19.1Taxation of expenses
  119. 19.2Additional fee Repealed
  120. 19.2ASanction for the employment of counsel Repealed
  121. 19.3Time for lodging account of expenses
  122. 19.4Diet of taxation
  123. 19.4AAuditor’s statement
  124. 19.5Objections to taxed account
  125. 19.6Decree for expenses in name of solicitor
  126. 19.7Expenses of curator ad litem appointed to a respondent
  127. Chapter 19A: QUALIFIED ONE-WAY COSTS SHIFTING
  128. 19A.1Application and interpretation of this Chapter
  129. 19A.2Application for an award of expenses
  130. 19A.3Award of expenses
  131. 19A.4Procedure
  132. 19A.5Award against legal representatives
  133. Part 6: INCIDENTAL PROCEDURE: SPECIAL PROCEDURES
  134. Chapter 20: DEVOLUTION ISSUES
  135. 20.1Interpretation
  136. 20.2Raising a devolution issue
  137. 20.3Raising a devolution issue: intimation and service
  138. 20.4Raising a devolution issue: permission to proceed
  139. 20.5Participation by the relevant authority
  140. 20.6Reference to the Inner House or Supreme Court
  141. 20.7Reference to the Inner House or Supreme Court: further procedure
  142. 20.8Reference to the Inner House or Supreme Court: procedure following determination
  143. Chapter 21: PRELIMINARY REFERENCES TO THE CJEU
  144. 21.1Interpretation of this Chapter
  145. 21.2Applications for a reference
  146. 21.3Preparation of reference
  147. 21.4Transmission of reference to European Court
  148. 21.5Sist of appeal
  149. Chapter 22: INTERVENTIONS BY CEHR AND SCHR
  150. 22.1Application and interpretation of this Chapter
  151. 22.2Applications to intervene
  152. 22.3Applications to intervene: determination
  153. 22.4Invitations to intervene
  154. 22.5Form of intervention
  155. Chapter 23: PROOF
  156. 23.1Taking proof in the course of an appeal
  157. 23.2Preparation for proof
  158. 23.3Conduct of proof
  159. 23.4Administration of oath or affirmation to witnesses
  160. 23.5Recording of evidence
  161. 23.6Transcripts of evidence
  162. 23.7Recording objections where recording of evidence dispensed with
  163. Chapter 24: VULNERABLE WITNESSES
  164. 24.1Interpretation and application of this Chapter
  165. 24.2Form of notices and applications
  166. 24.3Determination of notices and applications
  167. 24.4Determination of notices and applications: supplementary orders
  168. 24.5Intimation of orders
  169. 24.6Taking of evidence by commissioner: preparatory steps
  170. 24.7Taking of evidence by commissioner: interrogatories
  171. 24.8Taking of evidence by commissioner: conduct of commission
  172. 24.9Taking of evidence by commissioner: lodging and custody of video record and documents
  173. Chapter 25: USE OF LIVE LINKS
  174. 25.1Interpretation
  175. 25.2Application for use of live link
  176. Chapter 26: REPORTING RESTRICTIONS
  177. 26.1Interpretation and application of this Chapter
  178. 26.1AApplication for an order
  179. 26.2Interim orders
  180. 26.3Representations
  181. 26.4Notification of reporting restrictions
  182. 26.5Applications for variation or revocation
  183. Part 7: SPECIAL APPEAL PROCEEDINGS
  184. Chapter 27: ACCELERATED APPEAL PROCEDURE
  185. 27.1Application of this Chapter
  186. 27.2Hearing of appeal
  187. 27.3Application to remove appeal from accelerated appeal procedure
  188. Chapter 28: APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT
  189. 28.1Application of this Chapter
  190. 28.2Form of application for new trial
  191. 28.3Application for new trial: restrictions
  192. 28.4Applications out of time
  193. 28.5Timetable in application for new trial
  194. 28.6Sist of application for new trial and variation of timetable
  195. 28.7Questions about competency of application
  196. 28.8Questions about competency: determination
  197. 28.9Appendices to print: contents
  198. 28.10Appendices to print considered unnecessary
  199. 28.11Notes of argument
  200. 28.12Estimates of duration of hearing of application for new trial
  201. 28.13Procedural hearing
  202. 28.14Application to enter jury verdict
  203. Chapter 29: APPEALS FROM SUMMARY CAUSES
  204. 29.1Application of this Chapter
  205. 29.2Transmission of appeal
  206. 29.3Transmission of appeal: time to pay direction
  207. 29.4Hearing of appeal
  208. 29.5Determination of appeal
  209. 29.6Appeal to the Court of Session: certification
  210. Chapter 30: APPEALS BY STATED CASE UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011
  211. 30.1Application and interpretation of this Chapter
  212. 30.2Transmission of appeal
  213. 30.3Hearing of appeal
  214. 30.4Determination of appeal
  215. 30.5Leave to appeal to the Court of Session
  216. Chapter 31: Appeals under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019
  217. 31.1Application of this Chapter
  218. 31.2Form of appeal
  219. 31.3Hearing of appeal
  220. 31.4Determination of appeal
  221. Signature
  222. Schedule 1: ADMINISTRATIVE PROVISIONS
  223. 1Quorum of the Court
  224. 2Procedural Appeal Sheriff
  225. 3Signature of interlocutors etc.
  226. 4Form of process
  227. 5Decrees, extracts and execution
  228. 6Use of Gaelic
  229. Schedule 2FORMS
  230. Explanatory note