Rule 8.5 Application to transfer appeal to Chapter 7 procedureI1
Scotland
(1)
The procedural Appeal Sheriff may—
(a)
of the procedural Appeal Sheriff’s own accord; or
(b)
on the application of any party,
order that an appeal is to proceed as an appeal under Chapter 7 procedure instead of Chapter 8 procedure.
(2)
An application is to be made by motion.
(3)
The procedural Appeal Sheriff may only make such an order if satisfied that, taking into account the matters in rule 6.11(3), it is no longer appropriate for the appeal to proceed under Chapter 8 procedure.
(4)
That order must appoint the appeal to proceed under Chapter 7 procedure and specify the procedure to be followed in the appeal.
Annotations
Commencement
- I1
Para. 8.5 in force at 6.1.2022, see para. 1.1(2)