# Act of Sederunt (Sheriff Appeal Court Rules) 2021, Rule 6.9: Questions about competency

Extent: S

(1) A question about the competency of an appeal or cross-appeal may be referred to the procedural Appeal Sheriff by—
(a) any party; or
(b) the Clerk.
(2) A party may refer a question by lodging a reference in Form 6.9.
(3) A party may refer a question within the period for lodging answers, in accordance with rule 6.5(1)(b) or, as the case may be, rule 6.6(2).
(4) The Clerk may refer a question at any time until the procedural Appeal Sheriff makes an order under rule 6.11(2).
(5) When a reference is made, the Clerk must fix a hearing and intimate the date and time of that hearing to the parties.
(6) When a reference is made by the Clerk and the procedural Appeal Sheriff considers that a question of competency arises, the order fixing the hearing must specify the question about the competency of the appeal or cross-appeal.
(7) The order fixing the hearing on a reference must specify the date by which notes of argument are to be lodged.
(8) The note of argument must—
(a) give fair notice of the submissions the party intends to make on the question of competency; and
(b) comply with the requirements in rule 7.7(3).
(9) Paragraphs (4) and (5) of rule 7.7 apply to the note of argument.

---
Source: https://www.legislation.gov.uk/ssi/2021/468/rule/6.9 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-sheriff-appeal-court-rules-2021/rule-6.9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.