Rule 2.38 Application to interveneF1

(1)

This rule applies where an enactment requires a statutory intervener to apply for leave to intervene in proceedings.

(2)

An application for leave to intervene in proceedings is to be by way of minute of intervention in Form 11AA and must set out—

(a)

the name of the statutory intervener and the relevant statutory provisions which confer power on it to intervene;

(b)

where the relevant statutory provisions prescribe conditions which must be satisfied before an application may be made by it or permission to intervene may be granted by the sheriff, how it is considered those conditions are satisfied;

(c)

the issue in the proceedings which the statutory intervener wishes to address;

(d)

the propositions to be advanced by the statutory intervener and the reasons for believing that they are relevant to the proceedings.

(3)

The statutory intervener must—

(a)

send a copy of the minute to all the parties;

(b)

lodge it in process, certifying that sub-paragraph (a) has been complied with.

(4)

Where the relevant statutory provisions prescribe conditions which must be satisfied before leave to intervene may be granted by the sheriff, leave to intervene may only be granted by the sheriff if the sheriff is so satisfied.

(5)

In granting leave, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(6)

The sheriff clerk is to give written intimation of a grant or refusal of leave to the statutory intervener and all the parties.

(7)

This rule is without prejudice to any other entitlement of a statutory intervener to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so.

Annotations

Textual amendments

F1: Rules 2.37-2.40 substituted for rules 2.37-2.41 (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 5(2)