OpenLegislation

Section 27D Appeals following oral hearingsF1C1C2

Scotland

(1)

Subsection (2) applies where, after an oral hearing to determine whether or not to grant permission for an application to the supervisory jurisdiction of the Court to proceed, the Court—

(a)

refuses permission for the application to proceed, or

(b)

grants permission for the application to proceed subject to conditions or only on particular grounds.

(2)

The person making the application may, within the period of 7 days beginning with the day on which the Court makes its decision, appeal under this section to the Inner House (but may not appeal under any other provision of this Act).

(3)

In an appeal under subsection (2), the Inner House must consider whether to grant permission for the application to proceed; and subsections (2), (3) and (4) of section 27B apply for that purpose.

(4)

In subsection (1), the reference to an oral hearing is to an oral hearing whether following a request under section 27C(2) or otherwise.

Annotations

Textual amendments

F1

Ss. 27A-27D and cross-heading inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 89, 138(2); S.S.I. 2015/247, art. 2, Sch. (with art. 4)

Modifications

C1

S. 27D applied (with modifications) (22.9.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16), ss. 41(3)(b)(4), 260(2) (with ss. 257-259); S.S.I. 2015/247, art. 2, Sch.; S.S.I. 2015/110, art. 2(2)

C2

Ss. 27C, 27D applied by 2014 asp 10, s. 57A(3)(b) (as inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 24; S.S.I. 2015/247, art. 2, Sch.)