{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-16",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-16.json",
  "legislation": "ssi/2016/200",
  "legislation_title": "Act of Sederunt (Simple Procedure) 2016",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016",
  "path": "schedule/1/part/16",
  "kind": "part",
  "number": "16: How to appeal a decision",
  "heading": null,
  "text": "16.1\nWhat is this Part about?\n(1)\nThis Part is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal.\n16.2\nHow do you appeal a decision?\n(1)\nA party may appeal a decision within 4 weeks from the Decision Form being sent.\n(2)\nA party may appeal a decision by sending a completed Appeal Form to the sheriff court.\n(3)\nThat party must at the same time send a copy of the completed Appeal Form to the other party.\n(4)\nThe Appeal Form must set out the legal points which the party making the appeal wants the Sheriff Appeal Court to answer.\n(5)\nA party may not appeal a decision if that party can apply to have that decision recalled (see Part 13).\n16.3\nWhat will the sheriff do with an appeal?\n(1)\nThe sheriff must prepare a draft Appeal Report within 4 weeks of the court receiving an Appeal Form.\n(2)\nThe draft Appeal Report must set out the factual and legal basis for the decision which the sheriff came to.\n(3)\nThe draft Appeal Report must set out legal questions for the Sheriff Appeal Court to answer.\n(4)\nThe sheriff clerk must send the draft Appeal Report to all parties.\n(5)\nAll parties may, within 2 weeks of the draft Appeal Report being sent to them, send the sheriff a note of any other legal points they wish the Sheriff Appeal Court to answer and any factual points in the draft Appeal Report they disagree with.\n(6)\nThe sheriff may order a discussion in court to consider whether amendments should be made to the Appeal Report.\n(7)\nThe sheriff may then amend the Appeal Report.\n(8)\nThe sheriff must then sign or authenticate electronically the Appeal Report.\n(9)\nThe sheriff clerk must send a copy of the signed Appeal Report to each party.\n(10)\nThe sheriff clerk must transmit the following to the Clerk of the Sheriff Appeal Court:\n(a)\nthe note of the reasons for the sheriff's decision (if one was prepared),\n(b)\na copy of the Decision Form,\n(c)\nall written orders,\n(d)\nthe signed Appeal Report, and\n(e)\nany note sent to the court by a party.\n16.4\nWhat will the Sheriff Appeal Court do with an appeal?\n(1)\nThe Clerk of the Sheriff Appeal Court must, within 2 weeks of receiving the signed Appeal Report, arrange an appeal hearing and send all parties notice of where and when the appeal hearing is to be held.\n(2)\nUnless the Sheriff Appeal Court orders otherwise, an appeal hearing must be before one Appeal Sheriff.\n(3)\nAt the end of the appeal hearing, the Sheriff Appeal Court may either make a decision there and then, or may take time to consider the decision.\n(4)\nIf the Sheriff Appeal Court takes time to consider the decision, the decision must be made within 4 weeks from the date of the appeal hearing.\n(4A)\nThe President of the Sheriff Appeal Court may vary the period mentioned in paragraph (4).\n(5)\nIf the Sheriff Appeal Court makes a decision there and then, it must explain the reasons for that decision to the parties in person.\n(6)\nIf the Sheriff Appeal Court takes time to consider a decision, the court must prepare a note of the reasons for the decision, and the Clerk of the Sheriff Appeal Court must send that note to the parties.\n(7)\nThe Sheriff Appeal Court may alter the decision which the sheriff made by either amending the Decision Form or issuing a new Decision Form.\n(8)\nParts 2, 4, 5 and 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 2021 apply to the appeal.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in sch. 1 rule 16.3(8) inserted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(t)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 1 rule 16.4(4A) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(aa) (with para. 3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 1 rule 16.4(8) inserted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(u)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in sch. 1 rule 16.4(8) substituted (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.2(2) (with rule 1.2)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Sch. 1 Pt. 16 applied (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 31.1 (with rule 1.2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/16",
    "retrieved_at": "2026-10-28T21:23:36.581509+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}