Rule 3.19.20B Appeals to the Court of SessionF1

(1)

This section shall apply to appeals against an interlocutor of the sheriff under the following sections—

(a)

section 127O(1) or (2);

(b)

section 131C(1), (2) or (4).

(2)

An appeal shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms—

“The applicant [or affected person] appeals to the Court of Session.”

(3)

The note of appeal shall—

(a)

be signed by the appellant;

(b)

bear the date on which it is signed; and

(c)

where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him or her in the appeal.

(4)

The sheriff clerk shall transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session.

(5)

Within the period specified in paragraph (4), the sheriff clerk shall—

(a)

send written notice of the appeal to every other party; and

(b)

certify on the interlocutor sheet that he or she has done so.

(6)

Failure of the sheriff clerk to comply with paragraph (5) shall not invalidate the appeal.

Annotations

Textual amendments

F1: Rules 3.19.20A, 3.19.20B and cross-heading inserted (1.10.2013) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Policing and Crime Act 2009) 2013 (S.S.I. 2013/241), paras. 1(2), 2

Notes on Chapter PART XIX

Textual amendments

F1: Ch. 3 Pt. 19 inserted (30.12.2002) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 5) (Proceeds of Crime Act 2002) 2002 (S.S.I. 2002/563), paras. 1(b), 2(2)