Act of Sederunt (Sheriff Appeal Court Rules) 2015

Signature of interlocutors etc.

3.—(1) Any order made by the Court under these Rules is to be contained in an interlocutor.

(2) An interlocutor is to be signed in accordance with subparagraphs (3) to (5).

(3) Where the Court is constituted by more than one Appeal Sheriff when an order is made, the interlocutor is to be signed by—

(a) the Appeal Sheriff who presided over the Court when the order was made; or

(b) in the event of the death, disability or absence of that Appeal Sheriff, the next senior Appeal Sheriff who sat on that occasion, after such consultation with the other Appeal Sheriffs who sat as may be necessary.

(4) Where the Court is constituted by one Appeal Sheriff, the interlocutor is to be signed by that Appeal Sheriff.

(5) Where the Clerk determines an unopposed motion in writing in accordance with rule 12.7(1), the interlocutor is to be signed by the Clerk unless the procedural Appeal Sheriff directs otherwise.

(6) An interlocutor signed in accordance with subparagraph (5) is to be treated for all purposes as if it had been signed by an Appeal Sheriff.

(7) An extract of an interlocutor which is not signed in accordance with the provisions of this rule is void and has no effect.

(8) An interlocutor may, on cause shown, be corrected or altered at any time before extract by—

(a) the Appeal Sheriff who signed it;

(b) in the event of the death, disability or absence of that Appeal Sheriff, by any other Appeal Sheriff;

(c) where the interlocutor was signed in accordance with subparagraph (5), by any Appeal Sheriff.