Search Legislation

Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Sheriff Court Bankruptcy Rules

14.—(1) The Sheriff Court Bankruptcy Rules(1) are amended in accordance with this paragraph.

(2) In rule 8 (appeals to the sheriff principal and the Court of Session(2)—

(a)in paragraph (1)—

(i)after “appeal” insert “to the Court of Session”;

(ii)omit subparagraphs (a) and (d);

(b)in paragraph (2), for “the Sheriff Principal [or Court of Session]” substitute “the Court of Session”;

(c)for paragraph (5) substitute—

(5) The sheriff clerk shall, within four days of the note of appeal being marked, transmit the process to the Deputy Principal Clerk of Session.;

(d)in paragraph (6), omit subparagraph (c);

(e)omit paragraph (9);

(f)the heading becomes “Appeals to the Court of Session”.

(3) After rule 8, insert—

Appeals to the Sheriff Appeal Court

8A.(1) This rule applies to an appeal to the Sheriff Appeal Court under the following provisions of the Act of 1985—

(a)section 15(2A) (order transferring sequestration)(3);

(b)section 15(3) (refusing to award)(4);

(c)section 30(8) (removing commissioner)(5);

(d)section 56J(2) (refusal to annul bankruptcy restrictions order or interim bankruptcy restrictions order)(6).

(2) An appeal to the Sheriff Appeal Court is to be made in accordance with Chapter 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 2015(7).

(3) Within four days of a note of appeal being lodged under rule 6.2(1) (form of appeal) of the Act of Sederunt (Sheriff Appeal Court Rules) 2015, the Clerk of the Sheriff Appeal Court must send written notice of the appeal—

(a)in an appeal under section 15(3) of the Act of 1985, to any concurring creditor and the debtor, as the case may be;

(b)in an appeal under section 30(8) of the Act of 1985, to the trustee, the Accountant in Bankruptcy, any commissioner and any creditor;

(c)in an appeal under section 56J(2) of the Act of 1985, to the Accountant in Bankruptcy and the trustee.

(4) The Clerk of the Sheriff Appeal Court must certify on the interlocutor sheet that notice has been given in accordance with paragraph (3).

(5) Failure by the Clerk of the Sheriff Appeal Court to comply with paragraph (3) or (4) does not affect the validity of an appeal..

(1)

The Sheriff Court Bankruptcy Rules are in the Schedule to the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008 (S.S.I. 2008/119, last amended by S.S.I. 2015/119).

(2)

Rule 8 was amended by S.S.I. 2015/119.

(3)

1985 c. 66. Section 15(2A) was inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 16(2)(c).

(4)

1985 c. 66. Section 15(3) was amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 16(2)(d) and schedule 6, Part 1.

(5)

1985 c. 66. Section 30(8) was inserted by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 31(b).

(6)

1985 c. 66. Section 56J was inserted by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), section 2(1) and amended by the Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), section 33(8), schedule 3, paragraph 30 and schedule 4.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources