OpenLegislation

Rule 6.4 Applications to appeal out of timeF1I1

Scotland

(1)

This rule applies where the enactment under which the appeal is made—

(a)

specifies a period within which the appeal must be made; and

(b)

provides that a party may apply to the Court to allow an appeal to be made outwith that period.

(2)

An application to allow an appeal to be received out of time is to be made by motion.

(3)

That motion is to be made when the note of appeal is lodged.

(4)

Where a motion to allow an appeal to be received out of time is refused—

(a)

the Clerk is to—

(i)

notify the sheriff clerk that leave to appeal out of time has been refused;

(ii)

transmit the note of appeal to the sheriff clerk;

(b)

the sheriff clerk is to place the note of appeal in the process.

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

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))