SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 41APPEALS UNDER STATUTE

PART IGENERAL PROVISIONS

Application and interpretation of this Chapter41.1

1

This Chapter applies to an appeal to the court from a decision of a tribunal other than a decision in the Outer House or a court to which Chapter 40 (appeals from inferior courts) applies.

2

In this Chapter, unless the context otherwise requires–

  • “appeal” includes stated case, case, special case (other than a special case under section 27 of the Act of 198849), reference or submission;

  • “case” means stated case, special case (other than a special case under section 27 of the Court of Session Act 1988), reference or submission;

  • “decision” includes determination or assessment;

  • “party” means the person appearing before the tribunal against the decision of which appeal is taken;

  • “tribunal” means court, Secretary of State, Minister, Department, statutory tribunal, referee, authority or arbiter, as the case may be, against whose decision the appeal is taken.