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

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20.—(1) The following acts of sederunt as they applied immediately before 1st January 2016 continue to apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016—

(a)the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986(1);

(b)the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(2);

(c)the Act of Sederunt (Child Care and Maintenance Rules) 1997(3);

(d)the Act of Sederunt (Proceedings for Determination of Devolution Issues Rules) 1999(4);

(e)the Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002(5);

(f)the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008(6);

(g)the Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009(7);

(h)the Act of Sederunt (Money Attachment Rules) 2009(8).

(2) In paragraph 5 (amendment of the Ordinary Cause Rules 1993)—

(a)subparagraphs (2), (10), (14), (15) and (16) do not apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016;

(b)subparagraphs (3), (4), (6) and (12) do not apply where the final determination of the cause occurred before 1st January 2016;

(c)subparagraph (5) does not apply where a sheriff transferred a cause to another sheriff court before 1st January 2016;

(d)subparagraph (7) does not apply in respect of a ruling of the sheriff on an objection made before 1st January 2016;

(e)subparagraph (8) does not apply in respect of a decree pronounced before 1st January 2016;

(f)subparagraph (9) does not apply in relation to a decision of a sheriff made before 1st January 2016;

(g)subparagraphs (11) and (13) do not apply for the purposes of an appeal against an interlocutor granting decree of divorce or dissolution of civil partnership before 1st January 2016.

(3) Paragraph 6(3) (amendment of the Act of Sederunt (Summary Suspension) 1993) does not apply to an appeal to the sheriff principal against a decision of the sheriff made before 1st January 2016.

(4) In paragraph 7 (amendment of the Rules of the Court of Session 1994)—

(a)despite subparagraph (3), Chapter 40 (appeals from inferior courts) of the Rules of the Court of Session 1994(9) as it applied immediately before 1st January 2016 continues to apply for the purposes of—

(i)an appeal against the decision of a sheriff made before 1st January 2016;

(ii)an appeal against the decision of a sheriff principal in an appeal under section 27 of the Sheriff Courts (Scotland) Act 1907(10);

(b)subparagraph (6) does not apply in respect of an appeal against a decision of a sheriff made before 1st January 2016.

(5) In paragraph 9 (amendment of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999)—

(a)subparagraph (2) does not apply where a sheriff transferred a summary application to another sheriff court before 1st January 2016;

(b)subparagraph (3) does not apply in respect of a decree pronounced before 1st January 2016;

(c)subparagraph (4) does not apply in relation to a decision of a sheriff made before 1st January 2016;

(d)subparagraph (5) does not apply where the final determination of the application occurred before 1st January 2016;

(e)subparagraphs (7) and (8) do not apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016.

(6) In paragraph 11 (amendment of the Summary Cause Rules 2002)—

(a)subparagraphs (2), (7) and (8) do not apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016;

(b)subparagraphs (3) and (4) do not apply in respect of a ruling of the sheriff on an objection made before 1st January 2016;

(c)subparagraph (5) does not apply where the sheriff principal has granted decree before 1st January 2016;

(d)subparagraph (6) does not apply where an appeal to the sheriff principal has been marked before 1st January 2016.

(7) In paragraph 12 (amendment of the Small Claim Rules 2002)—

(a)subparagraph (2) does not apply where an appeal to the sheriff principal has been marked before 1st January 2016;

(b)subparagraphs (3) and (4) do not apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016.

(1)

S.I. 1986/2297, last amended by S.S.I. 2014/119.

(2)

S.I. 1988/2013, last amended by S.S.I. 2009/294.

(3)

S.I. 1997/291, last amended by S.S.I. 2015/283.

(4)

S.I. 1999/1347, last amended by S.S.I. 2009/323.

(5)

S.S.I. 2002/560, last amended by S.S.I. 2015/283.

(6)

S.S.I. 2008/119, last amended by S.S.I. 2015/119.

(7)

S.S.I. 2009/284, last amended by S.S.I. 2015/5.

(9)

The Rules of the Court of Session 1994 are in Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443, last amended by S.S.I. 2015/408). Chapter 40 was substituted by S.S.I. 2010/30.

(10)

1907 c. 51. Section 27 was amended by the Sheriff Courts (Scotland) Act 1913 (c. 28), Schedule 1; the Agricultural Holdings (Scotland) Act 1949 (c. 75), section 24; the Sheriff Courts (Scotland) Act 1971 (c. 58), section 4; and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), sections 11 and 28, and Schedule 3.

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