Section 110 – Appeal from a sheriff to the Sheriff Appeal Court
200.Section 110 is based on section 27 of the Sheriff Courts (Scotland) Act 1907 but provides that the appeal is to the Sheriff Appeal Court rather than the sheriff principal. Permission to appeal is not required in relation to the matters set out in subsection (1). Subsection (2) provides that permission to appeal is, however, required against any other interlocutor (order) of a sheriff in civil proceedings. Subsections (4) to (6) contain a number of qualifications and are intended to restate section 28(2) of the 1907 Act and, in particular, to preserve any specific provision regarding appeal to the Sheriff Appeal Court or Court of Session that may be contained in other enactments. But the general rules for appeals from sheriffs in sections 27 to 29 of the 1907 Act are repealed by paragraph 4(e) of Part 1 of schedule 5 to the Act. See also the explanatory notes for section 82 which makes special provision for appeals from simple procedure cases.
