Rule 6.10 Questions about competency: determinationI1

Scotland

(1)

At a hearing on the competency of an appeal, the procedural Appeal Sheriff may—

(a)

refuse the appeal as incompetent;

(b)

find the appeal to be competent; or

(c)

refer the question of competency to the Court.

(2)

The procedural Appeal Sheriff may make an order as to the expenses of the reference.

(3)

Where the question of competency is referred to the Court, it may—

(a)

refuse the appeal as incompetent; or

(b)

find the appeal to be competent.

(4)

The Court may make an order as to the expenses of the reference.

Annotations