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Law Reform (Miscellaneous Provisions) (Scotland) Act 1966

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This is the original version (as it was originally enacted).

9Extension of certain time limits in appeals under Summary Jurisdiction (Scotland) Act 1954

(1)In sections 63(1) and 67(4) of the Summary Jurisdiction (Scotland) Act 1954 (time limits in appeals under section 62 of that Act) for the words " five days " there shall be substituted the words

ten days; and without prejudice to any other power of relief which the High Court of Justiciary may have, where it appears to the Court on application made in accordance with the following provisions of this section, that the applicant has failed to comply with any of the requirements of the said sections 63(1) and 67(4), the Court may direct that such further period of time, as it may think proper, be afforded to the applicant to comply with any requirements of the aforesaid provisions.

(2)Any application for a direction under the last foregoing subsection shall be made in writing to the clerk of justiciary and shall state the grounds for the application, and, where that application relates to a failure to comply with the provisions of the said section 63(1), notification of the application shall be made by the appellant or his solicitor to the clerk of the court from which the appeal is to be taken, and the clerk shall thereupon transmit the complaint, documentary productions and any other proceedings in the cause to the clerk of justiciary.

(3)The High Court shall dispose of any application under this section in like manner as an application to review the decision of an inferior court on a grant of interim liberation, but shall have power—

(a)to dispense with a hearing; and

(b)to make such enquiry in relation to the application as the Court may think fit;

and when the Court has disposed of the application the clerk of justiciary shall inform the clerk of the court of the result.

(4)Section 76(1)(a) of the said Act of 1954 (power of the High Court of Justiciary to make rules by acts of adjournal) shall apply for the purpose of giving effect to the provisions of this section as it applies to give effect to any of the provisions of that Act.

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