Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Standards Commission for Scotland) 2003

Amendment of the Summary Application Rules

2.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended in accordance with paragraph (2).

(2) In Chapter 3 (rules on applications under specific statutes), after Part XXII (Anti-social Behaviour Orders)(2), insert–

“PART XXIII ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000

Application

3.23.1.   This Part applies to appeals to the sheriff principal under sections 22 (appeals from commission) or 26 (appeals by water industry commissioner) of the Ethical Standards in Public Life etc. (Scotland) Act 2000(3).

Appeals

3.23.2.— (1) An appeal under this Part shall be made by summary application.

(2) A summary application made under paragraph (1) shall include grounds of appeal stating–

(a) which of the findings of, or sanction or suspension imposed by, the Standards Commission for Scotland(4) is being appealed;

(b) reasons why the appeal should be allowed; and

(c) the date of the sending of that finding, or imposition of that sanction or suspension,

and shall be accompanied by a copy of that finding, sanction or suspension.

Warrant and form of citation

3.23.3.— (1) A warrant for citation in an appeal under this Part shall be in Form 2A, or a form as near thereto as circumstances permit, and shall state–

(a) the date by which answers should be lodged; and

(b) the date and time when the appeal will call.

(2) Citation in respect of a warrant granted under paragraph (1) shall be in Form 3A, or a form as near thereto as circumstances permit.

(3) Where a party on whom service has been made lodges answers under paragraph (1)(a) that party shall, at the same time, send a copy to the appellant.”.

(1)

S.I. 1999/929. Amended by S.S.I. 2000/148 and 387, 2001/142, 2002/7, 129, 130, 146 and 563, and 2003/26, 27, 98, 261 and .

(2)

Part XXII was inserted by S.S.I. 2003/ 319.

(3)

2000 asp 7.

(4)

The Standards Commission for Scotland is established by section 8 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7).