http://www.legislation.gov.uk/ssi/2015/356/article/20.4/made
Act of Sederunt (Sheriff Appeal Court Rules) 2015
en
King's Printer for Scotland
2018-11-02
SHERIFF APPEAL COURT
This Act of Sederunt (“the Rules”) makes provision about the procedure to be followed in appeals to the Sheriff Appeal Court in civil proceedings. Appeals may be made from a decision of the sheriff under section 110 of the Courts Reform (Scotland) Act 2014 (“the 2014 Act”) or under existing appeal provisions as modified by section 109. Additionally, applications for a new trial (section 69(1)) or to enter a jury verdict (section 71(2)) may be made to the Sheriff Appeal Court following a jury trial in the sheriff court. The Rules also make provision about appeals from summary causes and small claims under section 38 of the Sheriff Courts (Scotland) Act 1971.
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.2(2)(ba)
Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016
para. 7(2)(a)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.7(2A)
(2B)
Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016
para. 7(3)(b)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 29 heading
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016
para. 6(2)(a)
para. 8(c)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 29.1(1)(b)
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016
para. 6(2)(b)
para. 8(c)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 3(3)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 4(2)(b)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 29
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 12(3)(a)(iv)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 13(2)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 14(3)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 15(3)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 16(2)(b)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.1(e)(f)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(3)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 19.2A
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(7)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 27.3(1A)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(9)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 1
para. 3(5A)
(5B)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(13)(a)(i)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 1
para. 5(7)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(13)(b)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 2
Form 6.2
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(14)(a)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 2
Form 7.3
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(14)(b)(i)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 2
Form 7.3
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(14)(b)(ii)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 2
Form 13.1
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(14)(c)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 4.4(2A)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017
para. 3(3)(c)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
sch. 2
Form 4.3
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017
para. 3(4)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 19A
Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Qualified One-Way Costs Shifting) 2021
para. 4(2)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.1(da)
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021
para. 3(2)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Pt. 15
Ch. 31
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021
para. 3(3)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
sch. 1
para. 1(3)(ha)
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021
para. 3(4)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Instrument
Act of Sederunt (Sheriff Appeal Court Rules) 2021
rule 34.1
rules 1.2
34.3
rule 1.1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 19.2A
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019
para. 5(2)
para. 2
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 19.4
19.4A
19.5
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019
para. 5(4)
para. 2
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 26.1A
Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Miscellaneous) 2023
para. 4(2)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.1(da)
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules Amendment) (Miscellaneous) 2022
para 4(2)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 31.1
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules Amendment) (Miscellaneous) 2022
para 4(2)
para. 1(2)
PART 6INCIDENTAL PROCEDURE: SPECIAL PROCEDURES
CHAPTER 20DEVOLUTION ISSUES
Raising a devolution issue: permission to proceed20.4
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.