Act of Sederunt (Rules of the Court of Session 1994) 1994

PART III APPEALS IN FORM 41.19

Application of this Part

41.18.  Subject to the provisions of the enactment providing for appeal, this Part applies to an appeal against a decision of a tribunal other than an appeal to which Part II (appeals by stated case etc.) applies.

Form of appeal

41.19.—(1) An appeal to which this Part applies shall be made in Form 41.19 presented to the Inner House.

(2) An appeal referred to in paragraph (1) shall–

(a) specify the relevant provision of the enactment under the authority of which the appeal is brought;

(b) specify the decision complained of, the date on which the decision was made and on which it was intimated to the appellant, and any other necessary particulars;

(c) where the appeal is against only a part of such a decision, specify or distinguish that part;

(d) set out the decision appealed against or refer to the decision (a copy of which shall be appended to the appeal);

(e) fi state, in brief numbered propositions, the grounds of appeal; and

(f) set out in a schedule the names and addresses of the respondents in the appeal and the name and address, so far as known to the appellant, of any other person who may have an interest in the appeal.

Lodging of appeal in court

41.20.—(1) Subject to paragraph (2), the appeal shall be lodged in the General Department–

(a) within the period prescribed by the enactment under which it is brought; or

(b) where no such period is prescribed, within 42 days after–

(i) the date on which the decision appealed against was intimated to the appellant;

(ii) where the tribunal issued a statement of reasons for its decision later than the decision, the date of intimation of that statement of reasons to the appellant; or

(iii) where leave to appeal was granted by the tribunal or application for leave to appeal was made to the court under rule 41.2(2), the date on which leave was granted by the tribunal or the court, as the case may be.

(2) There shall be lodged with the appeal under paragraph (1)–

(a) a process in accordance with rule 4.4 (steps of process), unless an application has already been made to the court for leave to appeal;

(b) where appropriate, evidence that leave to appeal has been granted by the tribunal;

(c) the documents mentioned in rule 41.2(6)(c) and (d) (copies of decisions of tribunal) unless already lodged; and

(d) such other documents founded on by the appellant so far as in his possession or within his control.

Orders for service and answers

41.21.—(1) The appeal shall, without a motion being enrolled–

(a) during session, appear in the Single Bills on the first available day after being lodged for an order for–

(i) service of the appeal on the respondent and such other person as the court thinks fit; and

(ii) any person on whom the appeal has been served, to lodge answers, if so advised, within the period of notice; and

(b) during vacation, be brought before the vacation judge for such an order.

(2) In the application of paragraph (1) to an appeal under section 9(5) of the Transport Act 1985(1) (appeal from decision of the Secretary of State), the order for service under that paragraph shall include a requirement to serve the appeal on–

(a) the Secretary of State; and

(b) to every person who had, or if aggrieved would have had, a right to appeal to the Secretary of State, whether or not he has exercised that right.

(3) In the application of paragraph (1) to an appeal under section 24(1) of the Social Security Administration Act 1992(2) (appeal from Social Security Commissioner), the order for service under that paragraph shall include a requirement to serve the appeal on–

(a) the Secretary of State for Social Services; and

(b) if it appears to the court that a person has been appointed by the Secretary of State to pursue a claim for benefit to which the appeal relates, that person.

(4) In the application of paragraph (1) to an appeal from a tribunal referred to in subsection (1), as modified by subsection (7), of section 11 of the Tribunals and Inquiries Act 1992(3), the order for service pronounced under that paragraph shall include a requirement to serve the appeal on every other party to the proceedings before the tribunal and on the clerk of the tribunal.

(5) In the application of paragraph (1) to an appeal to which subsection (6), as modified by subsection (7), of section 11 of the Tribunal and Inquiries Act 1992 (which relates to an appeal from a decision under section 41 of the Consumer Credit Act 1974(4)) applies–

(a) the order for service under that paragraph shall include a requirement to serve the appeal on–

(i) the Secretary of State; and

(ii) where the appeal is by a licencee under a group licence against compulsory variation, suspension or revocation of that licence, the original applicant, if any; and

(b) the court may remit to the Secretary of State for him to provide the court with such further information as the court may require.

Motion for further procedure

41.22—(1) Within 14 days after the expiry of the period allowed for lodging answers to an appeal, whether or not answers have been lodged, the appellant shall apply by motion to the Inner House for–

(a) such order for further procedure as is sought; or

(b) an order for a hearing.

(2) The Inner House shall, on a motion under paragraph (1)–

(a) in relation to a motion under paragraph (1)(a), make such order as it thinks fit; or

(b) in relation to a motion under paragraph (1)(b), without hearing parties–

(i) appoint the cause to the Summar roll for hearing; or

(ii) direct that the cause be heard in the Single Bills.

(1)

1985 c. 67.

(2)

1992 c. 5.

(3)

1992 c. 53; section 11 was amended by the Sea Fish (Convention) Act 1992 (c. 60), section 9.

(4)

1974 c. 39.