Act of Sederunt (Amendment of Sheriff Court Ordinary Cause, and Summary Cause, Rules) 1988

32.  After rule 85, insert the following rule:—

“Appeal in relation to a time to pay direction

85A.— (1) This rule applies to appeals to the sheriff principal or to the Court of Session which relate solely to any application in connection with a time to pay direction.

(2) Rules 81, 81A, 82, 83(2) and 84 shall not apply to appeals under this rule.

(3) An application for leave to appeal against a decision in an application for a time to pay direction or any order connected therewith shall be made in writing, within 7 days of that decision, to the sheriff who made the decision and shall specify the question of law upon which the appeal is to proceed.

(4) Where leave to appeal is granted, the appeal shall be lodged and intimated by the appellant to the other party within 14 days of the order granting leave and the sheriff shall state in writing his reasons for his original decision.

(5) An appeal to the sheriff principal shall proceed in accordance with paragraphs (1), (3) and (4) or rule 83.

(6) In an appeal to the Court of Session from the sheriff or the sheriff principal—

(a) there shall be specified in the appeal the name and address of the solicitor in Edinburgh who will be acting for the appellant; and

(b) the sheriff clerk shall transmit within 4 days to the Deputy Principal Clerk of Session—

(i) all documents and productions in the case;

(ii) a certified copy of the final decree;

(iii) the application for leave to appeal and the decision thereon;

(iv) the note of appeal;

(v) the sheriff’s statement of reasons and, where appropriate, the sheriff principal’s decision,

all of which shall be deemed to be the sheriff court process.

(7) Within the period of 4 days mentioned in paragraph (6)(b), the sheriff clerk shall send written notice of the appeal to the other party and a certificate of intimation of written notice of the appeal shall be appended by him to the note of appeal.”.