# Act of Sederunt (Sheriff Appeal Court Rules) 2015, Rule 20.2: Raising a devolution issue

Extent: S

(1) A devolution issue is raised by specifying a devolution issue in Form 20.2.
(2) A devolution issue in Form 20.2 is to be lodged—
(a) by an appellant, when the note of appeal is lodged;
(b) by a respondent, when answers to the note of appeal are lodged,
unless the Court allows an appellant or a respondent to raise a devolution issue at a later stage in proceedings.
(3) An application to allow a devolution issue to be raised after the note of appeal has been lodged or answers to the note of appeal have been lodged, as the case may be, is to be made by motion.
(4) The party raising a devolution issue must specify, in sufficient detail to enable the Court to determine whether a devolution issue arises—
(a) the facts and circumstances; and
(b) the contentions of law,
on the basis of which it is alleged that the devolution issue arises in the appeal.
(5) The Court may not determine a devolution issue unless permission has been given for the devolution issue to proceed.

---
Source: https://www.legislation.gov.uk/ssi/2015/356/rule/20.2 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-sheriff-appeal-court-rules-2015/rule-20.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.