Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Standards Commission for Scotland) 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 XXIII into Chapter 3 of the 1999 Rules. The new Part provides rules for procedure for appeals to the sheriff principal under the Ethical Standards in Public Life etc. (Scotland) Act 2000 (“the Act”).

In terms of that Act a councillor, or a member of a devolved public body, or the Water Industry Commissioner, may appeal against a finding of, or the imposition of a sanction or suspension by, the Standards Commission for Scotland.

In the new Part–

(a) rule 3.23.1 applies that Part to appeals under sections 22 and 26 of the Act;

(b) rule 3.23.2 provides that an appeal will be by summary application, and that a copy of the finding or other determination appealed against will be provided to the court; and

(c) rule 3.23.3 provides that forms 2A and 3A (as prescribed by S.S.I. 2002/130) shall be used for warrants and citations respectively, and that any answer by an opponent to an appeal shall be copied to the appellant.