Act of Sederunt (Sheriff Appeal Court Rules) 2021
S.S.I. 2021/468 · Made 9 December 2021 · Extends to Scotland
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
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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
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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
Contents
- Part 1: PRELIMINARY MATTERS
- Chapter 1: CITATION, COMMENCEMENT AND APPLICATION ETC.
- 1.1Citation and commencement, etc.
- 1.2Application
- 1.3Interpretation
- 1.4Computation of periods of time
- 1.5Administrative provisions
- 1.6Forms
- Part 2: GENERAL PROVISIONS
- Chapter 2: RELIEF FOR FAILURE TO COMPLY
- 2.1Relief for failure to comply with rules
- Chapter 3: SANCTIONS FOR FAILURE TO COMPLY
- 3.1Circumstances where a party is in default
- 3.2Sanctions where a party is in default
- Chapter 4: REPRESENTATION AND SUPPORT
- 4.1Representation and support
- 4.2Legal representation
- 4.3Lay representation: applications
- 4.4Lay representation: functions, conditions and duties
- 4.5Lay support: applications
- 4.6Lay support: functions, conditions and duties
- Chapter 5: INTIMATION AND LODGING ETC.
- 5.1Interpretation of this Chapter
- 5.2Intimation
- 5.3Methods of intimation
- 5.4Methods of intimation: recorded delivery
- 5.5Methods of intimation: by sheriff officer
- 5.6Additional methods of intimation where receiving party represented by solicitor
- 5.7Lodging
- Part 3: INITIATION AND PROGRESS OF AN APPEAL
- Chapter 6: INITIATION AND PROGRESS OF AN APPEAL
- 6.1Application of this Chapter
- 6.2Form of appeal
- 6.3Time for appeal
- 6.4Applications to appeal out of time
- 6.5Order for intimation and answers
- 6.6Cross-appeals
- 6.7Urgent disposal procedure
- 6.8Urgent disposal objection: determination
- 6.9Questions about competency
- 6.10Questions about competency: determination
- 6.11Initial case management of appeals
- 6.12Sist of appeals
- Chapter 7: PROCEDURE BEFORE THREE APPEAL SHERIFFS
- 7.1Application of this Chapter
- 7.2Timetable in appeal
- 7.3Variation of timetable
- 7.4Appeal print
- 7.5Appendix to appeal print: contents
- 7.6Appendix to appeal print considered unnecessary
- 7.7Notes of argument
- 7.8Estimates of duration of appeal hearing
- 7.9Procedural hearing
- 7.10Authorities
- 7.11Transmission of sheriff court process
- 7.12Extension of notes of evidence
- 7.13Referral to family mediation
- 7.14Application to transfer appeal to Chapter 8 procedure
- Chapter 8: PROCEDURE BEFORE ONE APPEAL SHERIFF
- 8.1Application of this Chapter
- 8.2Hearing of appeal
- 8.3Notes of argument
- 8.4Authorities
- 8.5Application to transfer appeal to Chapter 7 procedure
- Part 4: DISPOSAL OF AN APPEAL
- Chapter 9: REFUSAL OF APPEAL DUE TO DELAY
- 9.1Application to refuse appeal due to delay
- 9.2Determination of application to refuse appeal due to delay
- Chapter 10: ABANDONMENT OF APPEAL
- 10.1Application to abandon appeal
- Chapter 11: REMIT TO THE COURT OF SESSION
- 11.1Application to remit appeal to the Court of Session
- Chapter 12: APPLICATIONS FOR PERMISSION TO APPEAL TO THE COURT OF SESSION
- 12.1Application of this Chapter
- 12.2Applications for permission to appeal
- 12.3Applications for leave to appeal
- Part 5: INCIDENTAL PROCEDURE: STANDARD PROCEDURES
- Chapter 13: MOTIONS: GENERAL
- 13.1Interpretation
- 13.2Making of motions
- 13.3Oral motions
- 13.4Written motions
- 13.5Provision of email addresses to the Clerk
- 13.6Grounds for written motion
- 13.7Determination of unopposed motions in writing
- 13.8Issuing of orders by email
- Chapter 14: MOTIONS LODGED BY EMAIL
- 14.1Intimation of motions by email
- 14.2Opposition to motions
- 14.3Consent to motions
- 14.4Lodging unopposed motions
- 14.5Lodging opposed motions by email
- 14.6Variation of periods of intimation
- Chapter 15: MOTIONS LODGED BY OTHER MEANS
- 15.1Intimation of motions by other means
- 15.2Opposition to motions
- 15.3Consent to motions
- 15.4Lodging of motions
- 15.5Joint motions
- 15.6Hearing of opposed motions
- 15.7Modification of Chapter 5
- Chapter 16: MINUTES
- 16.1Application of this Chapter
- 16.2Form and lodging of minute
- 16.3Orders for intimation and answers
- 16.4Consent to minute
- 16.5Minutes of sist and transference
- 16.6Applications to enter process as respondent
- Chapter 17: AMENDMENT OF PLEADINGS
- 17.1Amendment of sheriff court pleadings
- 17.2Amendment of note of appeal and answers etc.
- Chapter 18: WITHDRAWAL OF SOLICITORS
- 18.1Interpretation of this Chapter
- 18.2Giving notice of withdrawal to the Court
- 18.3Arrangements for peremptory hearing
- 18.4Peremptory hearing
- Chapter 19: CAUTION AND SECURITY
- 19.1Application of this Chapter
- 19.2Form of application to find caution or give security
- 19.3Orders for caution or other security: time for compliance
- 19.4Methods of finding caution or giving security
- 19.5Cautioners and other guarantors
- 19.6Form of bond of caution
- 19.7Caution or other security: sufficiency and objections
- 19.8Insolvency or death of cautioner or guarantor
- 19.9Failure to find caution or give security
- Chapter 20: EXPENSES
- 20.1Taxation of expenses
- 20.2Time for lodging account of expenses
- 20.3Diet of taxation
- 20.4Auditor’s statement
- 20.5Objections to taxed account
- 20.6Decree for expenses in name of solicitor
- 20.7Expenses of curator ad litem appointed to a respondent
- Chapter 21: QUALIFIED ONE-WAY COSTS SHIFTING
- 21.1Application and interpretation of this Chapter
- 21.2Application for an award of expenses
- 21.3Award of expenses
- 21.4Procedure
- 21.5Award against legal representatives
- Part 6: INCIDENTAL PROCEDURE: SPECIAL PROCEDURES
- Chapter 22: COMPATIBILITY QUESTIONS AND DEVOLUTION ISSUES
- 22.1Interpretation
- 22.2Raising a compatibility question or devolution issue
- 22.3Intimation and service
- 22.4Permission to proceed
- 22.5Participation by the relevant authority
- 22.6Reference to the Inner House or Supreme Court
- 22.7Reference to the Inner House or Supreme Court: further procedure
- 22.8Reference to the Inner House or Supreme Court: procedure following determination
- Chapter 23: PRELIMINARY REFERENCES TO THE CJEU – CITIZENS’ RIGHTS
- 23.1Interpretation of this Chapter
- 23.2Applications for a reference
- 23.3Preparation of reference
- 23.4Transmission of reference to European Court
- 23.5Sist of appeal
- Chapter 24: STATUTORY INTERVENERS
- 24.1Application of this Chapter
- 24.2Applications to intervene
- 24.3Applications to intervene: determination
- 24.4Invitations to intervene
- 24.5Form of intervention
- Chapter 25: PROOF
- 25.1Taking proof in the course of an appeal
- 25.2Preparation for proof
- 25.3Conduct of proof
- 25.4Administration of oath or affirmation to witnesses
- 25.5Recording of evidence
- 25.6Transcripts of evidence
- 25.7Recording objections where recording of evidence dispensed with
- Chapter 26: VULNERABLE WITNESSES
- 26.1Application and interpretation of this Chapter
- 26.2Form of notices and applications
- 26.3Determination of notices and applications
- 26.4Determination of notices and applications: supplementary orders
- 26.5Intimation of orders
- 26.6Taking of evidence by commissioner: preparatory steps
- 26.7Taking of evidence by commissioner: interrogatories
- 26.8Taking of evidence by commissioner: conduct of commission
- 26.9Taking of evidence by commissioner: lodging and custody of video record and documents
- Chapter 27: USE OF LIVE LINKS
- 27.1Interpretation
- 27.2Application for use of live link
- Chapter 28: REPORTING RESTRICTIONS
- 28.1Application and interpretation of this Chapter
- 28.1AApplication for an order
- 28.2Interim orders
- 28.3Representations
- 28.4Notification of reporting restrictions
- 28.5Applications for variation or revocation
- Part 7: SPECIAL APPEAL PROCEEDINGS
- Chapter 29: APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT
- 29.1Application of this Chapter
- 29.2Form of application for new trial
- 29.3Application for new trial: restrictions
- 29.4Applications out of time
- 29.5Timetable in application for new trial
- 29.6Sist of application for new trial and variation of timetable
- 29.7Questions about competency of application
- 29.8Questions about competency: determination
- 29.9Appendices to print: contents
- 29.10Appendices to print considered unnecessary
- 29.11Notes of argument
- 29.12Estimates of duration of hearing of application for new trial
- 29.13Procedural hearing
- 29.14Application to enter jury verdict
- Chapter 30: APPEALS FROM SUMMARY CAUSES
- 30.1Application of this Chapter
- 30.2Transmission of appeal
- 30.3Transmission of appeal: time to pay direction
- 30.4Hearing of appeal
- 30.5Determination of appeal
- 30.6Appeal to the Court of Session: certification
- Chapter 31: APPEALS FROM SIMPLE PROCEDURE
- 31.1Appeals from Simple Procedure
- Chapter 32: APPEALS BY STATED CASE UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011
- 32.1Application and interpretation of this Chapter
- 32.2Transmission of appeal
- 32.3Hearing of appeal
- 32.4Determination of appeal
- 32.5Leave to appeal to the Court of Session
- Chapter 33: APPEALS UNDER PART 4 OF THE AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) ACT 2019
- 33.1Application of this Chapter
- 33.2Form of appeal
- 33.3Hearing of appeal
- 33.4Determination of appeal
- Chapter 34: ANCILLARY PROVISIONS
- 34.1Revocation
- 34.2Consequential amendment
- 34.3Saving provision
- 34.4Transitional provision
- Signature
- Schedule 1: ADMINISTRATIVE PROVISIONS
- 1Quorum of the Court
- 2Procedural Appeal Sheriff
- 3Signature of interlocutors etc.
- 4Decrees, extracts and execution
- 5Use of Gaelic
- Schedule 2FORMS
- Explanatory note