http://www.legislation.gov.uk/ssi/2015/356/article/7.14/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 3INITIATION AND PROGRESS OF AN APPEAL
CHAPTER 7STANDARD APPEAL PROCEDURE
Procedural hearing7.14
1
At a procedural hearing, the procedural Appeal Sheriff is to ascertain the state of preparation of the parties, so far as reasonably practicable.
2
The procedural Appeal Sheriff may—
a
determine that parties are ready to proceed to an appeal hearing; or
b
determine that further procedure is required.
3
Where the procedural Appeal Sheriff determines that parties are ready to proceed—
a
the procedural Appeal Sheriff is to fix an appeal hearing;
b
the Clerk is to intimate the date and time of that hearing to the parties;
c
the procedural Appeal Sheriff may make an order specifying further steps to be taken by the parties before the hearing.
4
Where the procedural Appeal Sheriff determines that further procedure is required, the procedural Appeal Sheriff—
a
is to make an order to secure the expeditious disposal of the appeal;
b
may direct the Clerk to fix a further procedural hearing and intimate the date and time of that hearing to parties.