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Rule 6.7 Provisional orders: representationsF1I1

Scotland

(1)

Any person to whom a provisional procedural order under rule 6.6 has been intimated may make representations F2... before that order becomes final.

(2)

Representations are to be—

(a)

made in Form 6.7;

(b)

lodged within 14 days after the date of intimation of the provisional order.

(F32A)

Paragraph (2B) applies where the procedural Appeal Sheriff varies the period of 14 days mentioned in rule 6.5(1)(b) in accordance with rule 6.5(2).

(2B)

The procedural Appeal Sheriff may also vary the period of 14 days mentioned in paragraph (2)(b).

(3)

Representations must specify why, taking into account the matters in rule 6.6(3), it is not appropriate for the appeal to proceed in accordance with the provisional procedural order.

(4)

If representations are made, the Clerk is to fix a hearing and intimate the time and date of that hearing to every person to whom the provisional order was intimated.

(5)

At that hearing, F4the procedural Appeal Sheriff may—

(a)

confirm the provisional procedural order; or

(b)

recall the provisional procedural order and make an order appointing the appeal to the standard appeal procedure or the accelerated appeal procedure.

(6)

If no representations are made in accordance with paragraph (2), the provisional procedural order becomes final.

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

Words in rule 6.7(1) omitted (7.7.2016) by virtue of Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/194), paras. 1(2), 7(3)(a)

F3

Rule 6.7(2A)(2B) inserted (7.7.2016) by Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/194), paras. 1(2), 7(3)(b)

F4

Words in rule 6.7(5) substituted (7.7.2016) by Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016 (S.S.I. 2016/194), paras. 1(2), 7(3)(c)

Commencement

I1

Rule 6.7 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))