OpenLegislation

Rule 27.3 Application to remove appeal from accelerated appeal procedureF1I1

Scotland

(1)

The procedural Appeal Sheriff may—

(a)

of the procedural Appeal Sheriff’s own accord; or

(b)

on the application of any party,

order that an appeal is to proceed under the standard appeal procedure instead of the accelerated appeal procedure.

(F21A)

An application is to be made by motion.

(2)

The procedural Appeal Sheriff may only make such an order if the procedural Appeal Sheriff is satisfied that, taking into account the matters in rule 6.6(3), it is no longer appropriate for the appeal to proceed under the accelerated appeal procedure.

(3)

That order must appoint the appeal to proceed under the standard appeal procedure and specify—

(a)

the procedure to be followed in the appeal;

(b)

the periods for complying with each procedural step.

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)

F2

Rule 27.3(1A) inserted (31.12.2015) by Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015 (S.S.I. 2015/419), paras. 1(3), 19(9)

Commencement

I1

Rule 27.3 in force at 1.1.2016, see rule 1.1(2)