Section 116 Effect of appealI1

(1)

This section applies to—

(a)

an appeal to the Sheriff Appeal Court under section 110 (including such an appeal remitted to the Court of Session under section 112), and

(b)

an appeal to the Court of Session under section 113 or 114.

(2)

In the appeal, all prior decisions in the proceedings (whether made at first instance or at any stage of appeal) are open to review.

(3)

Any party to the proceedings may insist in the appeal even though the party is not the one who initiated the appeal.

(4)

An appeal to which this section applies does not prevent the immediate execution of any of the following, which may continue to have effect despite the appeal until recalled—

(a)

a warrant to take inventories,

(b)

a warrant to place effects in custody for the interim,

(c)

a warrant for interim preservation,

(d)

an interim interdict.

Annotations

Commencement

I1: S. 116 in force at 1.1.2016 by S.S.I. 2015/378, art. 2, Sch.