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Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Immigration and Asylum) 2003

S.S.I. 2003/261 · Made 23 May 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SHERIFF COURT

Made 23rd May 2003

Coming into force in accordance with article 1(1)

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971f1 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the Sheriff Courts (Scotland) Act 1971, do hereby enact and declare:

Annotations to the whole text

Footnotes

f1

1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4), the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2), the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 13, and the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43, and was extended by the Child Support Act 1991 (c. 48), sections 39(2) and 49.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the principal Rules
  3. Signature
  4. Explanatory note

1Citation and commencement

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Immigration and Asylum) 2003, and shall come into force on the day after the day on which it is made.

(2)

This Act of Sederunt shall be inserted in the Books of Sederunt.

2Amendment of the principal Rules

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999f1 shall be amended in accordance with the following paragraph.

(2)

In Chapter 3 (rules on applications under specific statutes), after Part XXf2 insert–

“PART XXI

IMMIGRATION AND ASYLUM ACT 1999

Interpretation

3.21.1

In this Part–

  • “the Act” means the Immigration and Asylum Act 1999f3; and

  • “an appeal” means an appeal to the sheriff under section 35A(1) or section 40B(1) of the Actf4.

Appeals

3.21.2
(1)

A person making an appeal against a decision by the Secretary of State to impose a penalty under section 32 or a charge under section 40 of the Act must, subject to paragraph (2), bring an appeal within 21 days after receiving the penalty notice or charge notice.

(2)

Where the appellant has given notice of objection to the Secretary of State under section 35(4) or section 40A(3)f5 of the Act within the time prescribed for doing so, he must bring an appeal within 21 days after receiving notice of the Secretary of State’s decision under section 35(7) or section 40A(6) respectively of the Act in response to the notice of objection.”.

Signature

W DOUGLAS CULLEN

Lord President I.P.D.

Edinburgh

23rd May 2003

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt further amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the 1999 Rules”).

Article 2 inserts a new Part XXI into Chapter 3 of the 1999 Rules. The new Part provides that appeals to the sheriff from decisions of the Secretary of State to impose a penalty or a charge must be brought within 21 days after receiving notice of the Secretary of State’s decision under respectively section 35(7) or section 40A(6) of the Immigration and Asylum Act 1999 in response to a notice of objection.