Rule 6.5 Order for intimation and answersF1I1
Scotland
On the first available court day after being lodged, an appeal is to be brought before the procedural Appeal Sheriff for an order for—
intimation of the appeal, within 7 days after the date of the order, to be given to—
the respondent;
any other person who appears to have an interest in the appeal;
any person on whom the appeal is intimated to lodge answers, if so advised, within 14 days after the date of intimation.
The procedural Appeal Sheriff may vary the periods of 7 days and 14 days mentioned in paragraph (1)—
of the procedural Appeal Sheriff’s own accord; or
on cause shown, on the application of the appellant.
That application must—
be included in the note of appeal;
give reasons for varying the period.
Where an appeal is intimated under this rule, the appellant must lodge a certificate of intimation in Form 6.5 within 14 days after the date of intimation.
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 6.5 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))