{
  "url": "https://openlegislation.uk/act-of-sederunt-sheriff-appeal-court-rules-2015/rule-28.7",
  "json_url": "https://openlegislation.uk/act-of-sederunt-sheriff-appeal-court-rules-2015/rule-28.7.json",
  "legislation": "ssi/2015/356",
  "legislation_title": "Act of Sederunt (Sheriff Appeal Court Rules) 2015",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-sheriff-appeal-court-rules-2015",
  "path": "rule/28.7",
  "kind": "rule",
  "number": "28.7",
  "heading": "Questions about competency of application",
  "text": "(1) A question about the competency of an application for a new trial may be referred to the procedural Appeal Sheriff by a party, other than the applicant.\n(2) A question is referred by lodging a reference in Form 28.7.\n(3) A question may be referred within 7 days after the date on which the application for a new trial was lodged.\n(4) Where a reference is lodged, the Clerk is to fix a hearing and intimate the time and date of that hearing to the parties.\n(5) Within 7 days after the date on which the reference is lodged, each party must lodge a note of argument.\n(6) That note of argument must—\n(a) give fair notice of the submissions the party intends to make on the question of competency;\n(b) comply with the requirements in rule 28.11(3) (notes of argument).\n(7) Paragraphs (4) and (5) of rule 28.11 apply to a note of argument lodged under paragraph (5).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 28.7 in force at 1.1.2016, see rule 1.1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2015/356/rule/28.7",
    "retrieved_at": "2026-10-28T21:27:22.115070+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}