Rule 7.15 Transmission of sheriff court processF1I1
Scotland
The F2procedural Appeal Sheriff may order that the sheriff court process, or any part of it, is to be transmitted to the Clerk—
of its own accord;
on cause shown, where any party to the appeal applies for such an order by motion.
Where the F3procedural Appeal Sheriff makes such an order, the Clerk must send a copy of the order to the sheriff clerk.
Within 4 days after receipt of the order, the sheriff clerk must—
send written notice to each party to the cause;
certify on the interlocutor sheet that subparagraph (a) has been complied with;
transmit the sheriff court process, or the specified part of it, to the Clerk.
On receipt of the sheriff court process, the Clerk must—
mark the date of receipt on—
the interlocutor sheet or the copy record from the sheriff court books, where the entire process is transmitted;
the part of process that has been transmitted, where the F4procedural Appeal Sheriff has specified that only part of the process is to be transmitted;
send written notice of that date to the appellant.
Where the Clerk or a sheriff clerk fails to comply with this rule—
that does not affect the validity of the appeal;
the F5procedural Appeal Sheriff may, as it thinks fit, make an order to enable the appeal to proceed as if the failure had not occurred.
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 7.15(1) 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(4)
- F3
Words in rule 7.15(2) 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(4)
- F4
Words in rule 7.15(4)(a)(ii) 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(4)
- F5
Words in rule 7.15(5)(b) 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(4)
Commencement
- I1
Rule 7.15 in force at 1.1.2016, see rule 1.1(2)