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Act of Sederunt (Sheriff Appeal Court Rules) 2021

S.S.I. 2021/468 · Made 9 December 2021 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2025.

Sheriff Appeal Court

Made 9th December 2021

Laid before the Scottish Parliament 10th December 2021

Coming into force 6th January 2022

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013f1, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 14(7) of the Scottish Commission for Human Rights Act 2006f2, section 104(1) of the Courts Reform (Scotland) Act 2014f3 and all other powers enabling it to do so.

Annotations to the whole text

Footnotes

f1

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

f2

2006 asp 16. Section 14 was amended by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 2, paragraph 12, S.S.I. 2013/211 and S.S.I. 2015/402.

f3

2014 asp 18.

Contents

  1. Part 1: PRELIMINARY MATTERS
  2. Chapter 1: CITATION, COMMENCEMENT AND APPLICATION ETC.
  3. 1.1Citation and commencement, etc.
  4. 1.2Application
  5. 1.3Interpretation
  6. 1.4Computation of periods of time
  7. 1.5Administrative provisions
  8. 1.6Forms
  9. Part 2: GENERAL PROVISIONS
  10. Chapter 2: RELIEF FOR FAILURE TO COMPLY
  11. 2.1Relief for failure to comply with rules
  12. Chapter 3: SANCTIONS FOR FAILURE TO COMPLY
  13. 3.1Circumstances where a party is in default
  14. 3.2Sanctions where a party is in default
  15. Chapter 4: REPRESENTATION AND SUPPORT
  16. 4.1Representation and support
  17. 4.2Legal representation
  18. 4.3Lay representation: applications
  19. 4.4Lay representation: functions, conditions and duties
  20. 4.5Lay support: applications
  21. 4.6Lay support: functions, conditions and duties
  22. Chapter 5: INTIMATION AND LODGING ETC.
  23. 5.1Interpretation of this Chapter
  24. 5.2Intimation
  25. 5.3Methods of intimation
  26. 5.4Methods of intimation: recorded delivery
  27. 5.5Methods of intimation: by sheriff officer
  28. 5.6Additional methods of intimation where receiving party represented by solicitor
  29. 5.7Lodging
  30. Part 3: INITIATION AND PROGRESS OF AN APPEAL
  31. Chapter 6: INITIATION AND PROGRESS OF AN APPEAL
  32. 6.1Application of this Chapter
  33. 6.2Form of appeal
  34. 6.3Time for appeal
  35. 6.4Applications to appeal out of time
  36. 6.5Order for intimation and answers
  37. 6.6Cross-appeals
  38. 6.7Urgent disposal procedure
  39. 6.8Urgent disposal objection: determination
  40. 6.9Questions about competency
  41. 6.10Questions about competency: determination
  42. 6.11Initial case management of appeals
  43. 6.12Sist of appeals
  44. Chapter 7: PROCEDURE BEFORE THREE APPEAL SHERIFFS
  45. 7.1Application of this Chapter
  46. 7.2Timetable in appeal
  47. 7.3Variation of timetable
  48. 7.4Appeal print
  49. 7.5Appendix to appeal print: contents
  50. 7.6Appendix to appeal print considered unnecessary
  51. 7.7Notes of argument
  52. 7.8Estimates of duration of appeal hearing
  53. 7.9Procedural hearing
  54. 7.10Authorities
  55. 7.11Transmission of sheriff court process
  56. 7.12Extension of notes of evidence
  57. 7.13Referral to family mediation
  58. 7.14Application to transfer appeal to Chapter 8 procedure
  59. Chapter 8: PROCEDURE BEFORE ONE APPEAL SHERIFF
  60. 8.1Application of this Chapter
  61. 8.2Hearing of appeal
  62. 8.3Notes of argument
  63. 8.4Authorities
  64. 8.5Application to transfer appeal to Chapter 7 procedure
  65. Part 4: DISPOSAL OF AN APPEAL
  66. Chapter 9: REFUSAL OF APPEAL DUE TO DELAY
  67. 9.1Application to refuse appeal due to delay
  68. 9.2Determination of application to refuse appeal due to delay
  69. Chapter 10: ABANDONMENT OF APPEAL
  70. 10.1Application to abandon appeal
  71. Chapter 11: REMIT TO THE COURT OF SESSION
  72. 11.1Application to remit appeal to the Court of Session
  73. Chapter 12: APPLICATIONS FOR PERMISSION TO APPEAL TO THE COURT OF SESSION
  74. 12.1Application of this Chapter
  75. 12.2Applications for permission to appeal
  76. 12.3Applications for leave to appeal
  77. Part 5: INCIDENTAL PROCEDURE: STANDARD PROCEDURES
  78. Chapter 13: MOTIONS: GENERAL
  79. 13.1Interpretation
  80. 13.2Making of motions
  81. 13.3Oral motions
  82. 13.4Written motions
  83. 13.5Provision of email addresses to the Clerk
  84. 13.6Grounds for written motion
  85. 13.7Determination of unopposed motions in writing
  86. 13.8Issuing of orders by email
  87. Chapter 14: MOTIONS LODGED BY EMAIL
  88. 14.1Intimation of motions by email
  89. 14.2Opposition to motions
  90. 14.3Consent to motions
  91. 14.4Lodging unopposed motions
  92. 14.5Lodging opposed motions by email
  93. 14.6Variation of periods of intimation
  94. Chapter 15: MOTIONS LODGED BY OTHER MEANS
  95. 15.1Intimation of motions by other means
  96. 15.2Opposition to motions
  97. 15.3Consent to motions
  98. 15.4Lodging of motions
  99. 15.5Joint motions
  100. 15.6Hearing of opposed motions
  101. 15.7Modification of Chapter 5
  102. Chapter 16: MINUTES
  103. 16.1Application of this Chapter
  104. 16.2Form and lodging of minute
  105. 16.3Orders for intimation and answers
  106. 16.4Consent to minute
  107. 16.5Minutes of sist and transference
  108. 16.6Applications to enter process as respondent
  109. Chapter 17: AMENDMENT OF PLEADINGS
  110. 17.1Amendment of sheriff court pleadings
  111. 17.2Amendment of note of appeal and answers etc.
  112. Chapter 18: WITHDRAWAL OF SOLICITORS
  113. 18.1Interpretation of this Chapter
  114. 18.2Giving notice of withdrawal to the Court
  115. 18.3Arrangements for peremptory hearing
  116. 18.4Peremptory hearing
  117. Chapter 19: CAUTION AND SECURITY
  118. 19.1Application of this Chapter
  119. 19.2Form of application to find caution or give security
  120. 19.3Orders for caution or other security: time for compliance
  121. 19.4Methods of finding caution or giving security
  122. 19.5Cautioners and other guarantors
  123. 19.6Form of bond of caution
  124. 19.7Caution or other security: sufficiency and objections
  125. 19.8Insolvency or death of cautioner or guarantor
  126. 19.9Failure to find caution or give security
  127. Chapter 20: EXPENSES
  128. 20.1Taxation of expenses
  129. 20.2Time for lodging account of expenses
  130. 20.3Diet of taxation
  131. 20.4Auditor’s statement
  132. 20.5Objections to taxed account
  133. 20.6Decree for expenses in name of solicitor
  134. 20.7Expenses of curator ad litem appointed to a respondent
  135. Chapter 21: QUALIFIED ONE-WAY COSTS SHIFTING
  136. 21.1Application and interpretation of this Chapter
  137. 21.2Application for an award of expenses
  138. 21.3Award of expenses
  139. 21.4Procedure
  140. 21.5Award against legal representatives
  141. Part 6: INCIDENTAL PROCEDURE: SPECIAL PROCEDURES
  142. Chapter 22: COMPATIBILITY QUESTIONS AND DEVOLUTION ISSUES
  143. 22.1Interpretation
  144. 22.2Raising a compatibility question or devolution issue
  145. 22.3Intimation and service
  146. 22.4Permission to proceed
  147. 22.5Participation by the relevant authority
  148. 22.6Reference to the Inner House or Supreme Court
  149. 22.7Reference to the Inner House or Supreme Court: further procedure
  150. 22.8Reference to the Inner House or Supreme Court: procedure following determination
  151. Chapter 23: PRELIMINARY REFERENCES TO THE CJEU – CITIZENS’ RIGHTS
  152. 23.1Interpretation of this Chapter
  153. 23.2Applications for a reference
  154. 23.3Preparation of reference
  155. 23.4Transmission of reference to European Court
  156. 23.5Sist of appeal
  157. Chapter 24: STATUTORY INTERVENERS
  158. 24.1Application of this Chapter
  159. 24.2Applications to intervene
  160. 24.3Applications to intervene: determination
  161. 24.4Invitations to intervene
  162. 24.5Form of intervention
  163. Chapter 25: PROOF
  164. 25.1Taking proof in the course of an appeal
  165. 25.2Preparation for proof
  166. 25.3Conduct of proof
  167. 25.4Administration of oath or affirmation to witnesses
  168. 25.5Recording of evidence
  169. 25.6Transcripts of evidence
  170. 25.7Recording objections where recording of evidence dispensed with
  171. Chapter 26: VULNERABLE WITNESSES
  172. 26.1Application and interpretation of this Chapter
  173. 26.2Form of notices and applications
  174. 26.3Determination of notices and applications
  175. 26.4Determination of notices and applications: supplementary orders
  176. 26.5Intimation of orders
  177. 26.6Taking of evidence by commissioner: preparatory steps
  178. 26.7Taking of evidence by commissioner: interrogatories
  179. 26.8Taking of evidence by commissioner: conduct of commission
  180. 26.9Taking of evidence by commissioner: lodging and custody of video record and documents
  181. Chapter 27: USE OF LIVE LINKS
  182. 27.1Interpretation
  183. 27.2Application for use of live link
  184. Chapter 28: REPORTING RESTRICTIONS
  185. 28.1Application and interpretation of this Chapter
  186. 28.1AApplication for an order
  187. 28.2Interim orders
  188. 28.3Representations
  189. 28.4Notification of reporting restrictions
  190. 28.5Applications for variation or revocation
  191. Part 7: SPECIAL APPEAL PROCEEDINGS
  192. Chapter 29: APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT
  193. 29.1Application of this Chapter
  194. 29.2Form of application for new trial
  195. 29.3Application for new trial: restrictions
  196. 29.4Applications out of time
  197. 29.5Timetable in application for new trial
  198. 29.6Sist of application for new trial and variation of timetable
  199. 29.7Questions about competency of application
  200. 29.8Questions about competency: determination
  201. 29.9Appendices to print: contents
  202. 29.10Appendices to print considered unnecessary
  203. 29.11Notes of argument
  204. 29.12Estimates of duration of hearing of application for new trial
  205. 29.13Procedural hearing
  206. 29.14Application to enter jury verdict
  207. Chapter 30: APPEALS FROM SUMMARY CAUSES
  208. 30.1Application of this Chapter
  209. 30.2Transmission of appeal
  210. 30.3Transmission of appeal: time to pay direction
  211. 30.4Hearing of appeal
  212. 30.5Determination of appeal
  213. 30.6Appeal to the Court of Session: certification
  214. Chapter 31: APPEALS FROM SIMPLE PROCEDURE
  215. 31.1Appeals from Simple Procedure
  216. Chapter 32: APPEALS BY STATED CASE UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011
  217. 32.1Application and interpretation of this Chapter
  218. 32.2Transmission of appeal
  219. 32.3Hearing of appeal
  220. 32.4Determination of appeal
  221. 32.5Leave to appeal to the Court of Session
  222. Chapter 33: APPEALS UNDER PART 4 OF THE AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) ACT 2019
  223. 33.1Application of this Chapter
  224. 33.2Form of appeal
  225. 33.3Hearing of appeal
  226. 33.4Determination of appeal
  227. Chapter 34: ANCILLARY PROVISIONS
  228. 34.1Revocation
  229. 34.2Consequential amendment
  230. 34.3Saving provision
  231. 34.4Transitional provision
  232. Signature
  233. Schedule 1: ADMINISTRATIVE PROVISIONS
  234. 1Quorum of the Court
  235. 2Procedural Appeal Sheriff
  236. 3Signature of interlocutors etc.
  237. 4Decrees, extracts and execution
  238. 5Use of Gaelic
  239. Schedule 2FORMS
  240. Explanatory note