PART 6 INCIDENTAL PROCEDURE: SPECIAL PROCEDURES

CHAPTER 20 DEVOLUTION ISSUES

20.4 Raising a devolution issue: permission to proceed
1 When a devolution issue is raised, the Clerk is to fix a hearing and intimate the date and time of that hearing to the parties.
2 Within 14 days after the Clerk intimates the date and time of the hearing, each party must lodge a note of argument.
3 That note of argument must summarise the submissions the party intends to make on the question of whether a devolution issue arises in the appeal.
4 At the hearing, the procedural Appeal Sheriff is to determine whether a devolution issue arises in the appeal.
5 Where the procedural Appeal Sheriff determines that a devolution issue arises, the procedural Appeal Sheriff is to grant permission for the devolution issue to proceed.
6 Where the procedural Appeal Sheriff determines that no devolution issue arises, the procedural Appeal Sheriff is to refuse permission for the devolution issue to proceed.
7 At the hearing the procedural Appeal Sheriff may make any order, including an order concerning expenses.
8 In this rule, “party” includes a relevant authority that has given notice to the Clerk that it intends to take part in the appeal as a party.