Rule 6.7 Urgent disposal procedureI1

Scotland

(1)

The procedural Appeal Sheriff may order urgent disposal of an appeal—

(a)

of the procedural Appeal Sheriff’s own accord; or

(b)

on the application of the appellant or a respondent.

(2)

The Clerk may refer an appeal to the procedural Appeal Sheriff to consider ordering urgent disposal.

(3)

Where the appellant or a respondent seeks urgent disposal, an application for urgent disposal is to be made by motion.

(4)

An application may be made—

(a)

by the appellant, when the note of appeal is lodged;

(b)

by the respondent, no later than the expiry of the period for lodging answers specified in rule 6.5(1)(b).

(5)

Where the decision appealed against concerns an order made by the sheriff—

(a)

under section 11(1) of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.)^f1;

(b)

in relation to adoption; or

(c)

in relation to permanence,

the appellant must seek urgent disposal.

(6)

Where the procedural Appeal Sheriff proposes to order urgent disposal of the procedural Appeal Sheriff’s own accord—

(a)

the Clerk must notify every party to the appeal;

(b)

any party who objects to urgent disposal may make representations within such time and in such manner as the procedural Appeal Sheriff orders.

Annotations

f1: 1995 c.36. Section 11 was amended by the Family Law (Scotland) Act 2006 (asp 2), section 24; the Adoption and Children (Scotland) Act 2007 (asp 4), section 107, schedule 2, paragraph 9(2) and schedule 3, paragraph 1; the Human Fertilisation and Embryology Act 2008 (c.22), Schedule 6, paragraph 52; the Children (Scotland) Act 2020 (asp 16), section 15(2); S.S.I. 2001/36; S.S.I. 2005/42; S.S.I. 2016/21 and S.I. 2018/1413.