OpenLegislation

Rule 29.5 Determination of appealF1I1

Scotland

(1)

At the conclusion of the hearing, the Court may either give its decision orally or reserve judgment.

(2)

Where the Court reserves judgment, it must give its decision in writing within 28 days.

(3)

The Court may—

(a)

adhere to or vary the decision appealed against;

(b)

recall the decision and substitute another decision for it;

(c)

remit the matter to the sheriff for further procedure.

(4)

The Court may not remit the matter to the sheriff in order that further evidence may be led.

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 29.5 in force at 1.1.2016, see rule 1.1(2)

Notes on Chapter 29

Textual amendments

F2

Ch. 29 heading substituted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 6(2)(a) (with para. 8(1)(c))

Modifications

C1

Ch. 29 applied (1.1.2016) by S.S.I. 2002/133, Sch. 1 rule 23.1(10) (as substituted 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(2), 12(3)(a)(iv) (with para. 20))