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

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.

(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.