OpenLegislation

Rule 6.1 Application of this ChapterF1I1

Scotland

This Chapter applies to an appeal against a decision of a sheriff in civil proceedings except—

(a)

an application for a new trial under section 69(1) of the 2014 Act (see Chapter 28);

(b)

an application to enter a jury verdict under section 71(2) of the 2014 Act (see Chapter 28);

(c)

an appeal under section 38 of the Sheriff Courts (Scotland) Act 1971f1 (see Chapter 29);

(d)

an appeal by stated case under section 163(1), 164(1), 165(1) or 167(1) of the Children’s Hearings (Scotland) Act 2011f2 (see Chapter 30);

(F2da)

an appeal under section 38(3), F346(3) or 67(3) of the Age of Criminal Responsibility (Scotland) Act 2019 (see Chapter 31);

(F4e)

an appeal against an interlocutor granting decree of divorce in a simplified divorce application (see rule 33.81 of the Ordinary Cause Rules 1993);

(f)

an appeal against an interlocutor granting decree of dissolution of civil partnership in a simplified dissolution of civil partnership application (see rule 33A.74 of the Ordinary Cause Rules 1993.

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 6.1(da) inserted (17.12.2021) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021 (S.S.I. 2021/452), paras. 1(2), 3(2)

F3

Word in rule 6.1(da) substituted (19.5.2022) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules Amendment) (Miscellaneous) 2022 (S.S.I. 2022/135), paras. 1(2), 4(2)

F4

Rule 6.1(e)(f) 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(3)

Commencement

I1

Rule 6.1 in force at 1.1.2016, see rule 1.1(2)

Footnotes

f1

1971 c. 58. Section 38 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 18(4), and is prospectively amended by S.S.I. 2015/xxxx, article xxxx.

f2

2011 asp 1.

Notes on Chapter 6

Modifications

C1

Ch. 6 applied (1.1.2016) by S.I. 1986/2297, rule 36A (as inserted 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), 3(3) (with para. 20))

C2

Ch. 6 applied (1.1.2016) by S.I. 1988/2013, rule 72(3A) (as inserted 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), 4(2)(b) (with para. 20))

C3

Ch. 6 applied (1.1.2016) by S.S.I. 2002/560, Sch. 1 rule 36A (as inserted 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), 13(2) (with para. 20))

C4

Ch. 6 applied (1.1.2016) by S.S.I. 2008/119, Sch. rule 8A(2) (as inserted 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), 14(3) (with para. 20))

C5

Ch. 6 applied (1.1.2016) by S.S.I. 2009/284, Sch. rule 7 (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), 15(3) (with para. 20))

C6

Ch. 6 applied (1.1.2016) by S.S.I. 2009/382, Sch. rule 14(4) (as inserted 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), 16(2)(b) (with para. 20))