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Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Standards Commission for Scotland) 2003

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Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Standards Commission for Scotland) 2003, and shall come into force on 4th July 2003.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Summary Application Rules

2.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended in accordance with paragraph (2).

(2) In Chapter 3 (rules on applications under specific statutes), after Part XXII (Anti-social Behaviour Orders)(2), insert–

PART XXIIIETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

Application

3.23.1.  This Part applies to appeals to the sheriff principal under sections 22 (appeals from commission) or 26 (appeals by water industry commissioner) of the Ethical Standards in Public Life etc. (Scotland) Act 2000(3).

Appeals

3.23.2.(1) An appeal under this Part shall be made by summary application.

(2) A summary application made under paragraph (1) shall include grounds of appeal stating–

(a)which of the findings of, or sanction or suspension imposed by, the Standards Commission for Scotland(4) is being appealed;

(b)reasons why the appeal should be allowed; and

(c)the date of the sending of that finding, or imposition of that sanction or suspension,

and shall be accompanied by a copy of that finding, sanction or suspension.

Warrant and form of citation

3.23.3.(1) A warrant for citation in an appeal under this Part shall be in Form 2A, or a form as near thereto as circumstances permit, and shall state–

(a)the date by which answers should be lodged; and

(b)the date and time when the appeal will call.

(2) Citation in respect of a warrant granted under paragraph (1) shall be in Form 3A, or a form as near thereto as circumstances permit.

(3) Where a party on whom service has been made lodges answers under paragraph (1)(a) that party shall, at the same time, send a copy to the appellant..

W DOUGLAS CULLEN

Lord President I.P.D.

Edinburgh,

1st July 2003

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