Rule 22.4 Permission to proceedF1

When a compatibility question or devolution issue is raised, the Clerk must fix a hearing and intimate the date and time of that hearing to the parties.

Within 14 days after the Clerk intimates the date and time of the hearing, each party must lodge a note of argument.

That note of argument must summarise the submissions the party intends to make on the question of whether a compatibility question or, as the case may be, devolution issue arises in the appeal.

At the hearing, the procedural Appeal Sheriff must determine whether a compatibility question or, as the case may be, devolution issue arises in the appeal.

Where the procedural Appeal Sheriff determines that a compatibility question or devolution issue arises, the procedural Appeal Sheriff must grant permission for the compatibility question or devolution issue to proceed.

Where the procedural Appeal Sheriff determines that no compatibility question or devolution issue arises, the procedural Appeal Sheriff must refuse permission for the compatibility question or devolution issue to proceed.

At the hearing the procedural Appeal Sheriff may make any order, including an order concerning expenses.

In this rule, “party” includes a relevant authority that has given notice to the Clerk that it intends to take part in the appeal as a party, and “parties” is construed accordingly.