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Rule 29.6 Appeal to the Court of Session: certificationF1I1

Scotland

(1)

This rule applies where the Court has determined an appeal arising from the decision of a sheriff in proceedings under the Summary Cause Rules 2002.

(2)

An application under section 38(b) of the Sheriff Courts (Scotland) Act 1971 for a certificate that a cause is suitable for appeal to the Court of Session is to be made in Form 29.6.

(3)

Such an application must be lodged within 14 days after the date on which the Court gave its decision on the appeal.

(4)

An application may only be disposed of after the procedural Appeal Sheriff has heard parties on it.

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 29.6 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))