Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications for leave to appeal

41.2.—(1) Where leave to appeal is required, an application for such leave shall be made, in the first instance, to the tribunal which made the decision sought to be appealed against unless the enactment allowing the appeal requires the application to be made to the court.

(2) Where–

(a) the tribunal has refused leave to appeal and such refusal is not final, or

(b) leave to appeal is required from the court and not the tribunal,

any application to the court for leave to appeal shall be made in Form 40.2 to the Inner House.

(3) An application to the court under paragraph (2) for leave to appeal shall be lodged in the General Department–

(a) within the period prescribed by the enactment by virtue of which it is made; or

(b) where no such period is prescribed, within 14 days after the date specified in paragraph (4).

(4) The date referred to in paragraph (3)(b) is–

(a) the date on which the decision of the tribunal refusing leave to appeal was intimated to the appellant; or

(b) where the application for leave to appeal is required to be made to the court and not the tribunal–

(i) the date on which the decision of the tribunal complained of was intimated to the appellant; or

(ii) where the tribunal issued a statement of its reasons for its decision later than the decision, the date of intimation of the statement of reasons to the appellant.

(5) An application to the court for leave to appeal shall include a statement setting out the proposed grounds of appeal and the grounds on which leave to appeal is sought.

(6) There shall be lodged with an application to the court under paragraph (3)–

(a) a process in accordance with rule 4.4 (steps of process);

(b) where applicable–

(i) evidence that leave to appeal has been refused by the tribunal;

(ii) a copy of the grounds of appeal submitted to the tribunal; and

(iii) any note by the tribunal setting out the reasons for its refusal;

(c) a copy of the document issued by the tribunal setting out the decision complained of and any reasons for that decision; and

(d) where the tribunal itself exercised an appellate function, a copy of the decision of the tribunal from which that appeal was taken and any reasons given for that decision.