Paragraph 26.2A Remit to the Court of Session: proceedings to which section 39 of the 2014 Act appliesF1

An application under section 92(4) of the 2014 Act (request for remit to the Court of Session) is to be made by motion.

The decision of a sheriff on an application made under section 92(4) is to be recorded in an interlocutor, and a note of the sheriff’s reasons for that decision must be appended to that interlocutor.

Following receipt of an interlocutor from the Court of Session allowing the proceedings to be remitted the sheriff must issue an interlocutor remitting the proceedings under section 92(6).

Within 4 days after the sheriff has pronounced an interlocutor remitting a cause to the Court of Session under section 92(6), the sheriff clerk must—

Failure by a sheriff clerk to comply with paragraph (4)(a) or (b) does not affect the validity of a remit.