OpenLegislation

Rule 15.3 Orders for intimation and answersF1I1

Scotland

(1)

On the first available court day after being lodged, a minute is to be brought before the procedural Appeal Sheriff for an order—

(a)

for intimation, within 7 days after the date of the order, to—

(i)

every other party to the appeal;

(ii)

any other person who appears to have an interest in the minute;

(b)

for any person on whom the minute is intimated to lodge answers, if so advised, within 14 days after the date of intimation;

(c)

fixing a hearing on the minute and any answers no sooner than 28 days after the date of the order.

(2)

The procedural Appeal Sheriff may vary the periods of 7 days, 14 days and 28 days mentioned in paragraph (1)—

(a)

of the procedural Appeal Sheriff’s own accord; or

(b)

on cause shown, on the application of the applicant.

(3)

An application mentioned in paragraph (2)(b) must—

(a)

be included in the minute;

(b)

give reasons for varying the period.

(4)

Where a minute is intimated in accordance with an order under this rule, the applicant must lodge a certificate of intimation in Form 6.5 within 14 days after the date of intimation.

Annotations

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)

Commencement

I1

Rule 15.3 in force at 1.1.2016, see rule 1.1(2)