SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 41APPEALS UNDER STATUTE

PART IGENERAL PROVISIONS

Applications for leave to appealI141.2

1

Where leave to appeal is required, an application for such leave shall be made, in the first instance, to the tribunal which made the decision sought to be appealed against F1unless—

a

the enactment allowing the appeal requires the application to be made to the court; or

b

there are special circumstances which make it impracticable or impossible to apply to the tribunal

2

Where–

a

the tribunal has refused leave to appeal and such refusal is not final, or

b

leave to appeal is required from the court and not the tribunal,

any application to the court for leave to appeal shall be made in Form 40.2 to the Inner House.

3

An application to the court under paragraph (2) for leave to appeal shall be lodged in the General Department–

a

within the period prescribed by the enactment by virtue of which it is made; or

b

where no such period is prescribed, F2within the period mentioned in paragraph (1)(b) of rule 41.20 (lodging of appeal in court).

F34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44

An application to the court for leave to appeal shall include a statement setting out the proposed grounds of appeal and the grounds on which leave to appeal is sought.

F45

There shall be lodged with an application to the court under paragraph (3)–

a

a process in accordance with rule 4.4 (steps of process);

b

where applicable–

i

evidence that leave to appeal has been refused by the tribunal;

ii

a copy of the grounds of appeal submitted to the tribunal; and

iii

any note by the tribunal setting out the reasons for its refusal;

c

a copy of the document issued by the tribunal setting out the decision complained of and any reasons for that decision; and

d

where the tribunal itself exercised an appellate function, a copy of the decision of the tribunal from which that appeal was taken and any reasons given for that decision.