Rule 7.7 Questions about competencyF1I1
Scotland
A question about the competency of an appeal may be referred to the procedural Appeal Sheriff by any respondent.
A question is referred by lodging a reference in Form 7.7.
A question may be referred within 14 days after the timetable is issued under rule 7.2(1).
When a reference is lodged, the Clerk is to fix a hearing and intimate the date and time of that hearing to the parties.
Within 14 days after the date on which the reference is lodged, each party must lodge a note of argument.
That note of argument must—
give fair notice of the submissions the party intends to make on the question of competency;
comply with the requirements in rule 7.12(3).
Paragraphs (4) and (5) of rule 7.12 apply to that note of argument.
Annotations
Textual amendments
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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
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Rule 7.7 in force at 1.1.2016, see rule 1.1(2)