- Latest available (Revised)
- Original (As made)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Status:
This version of this chapter contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Act of Sederunt (Sheriff Appeal Court Rules) 2015. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 5 Chapter 17:
- Pt. 15 Ch. 31 inserted by S.S.I. 2021/452 para. 3(3)
- Ch. 6 applied by SI 1986/2297 rule 36A (as inserted) by S.S.I. 2015/419 para. 3(3)
- Ch. 6 applied by SI 1988/2013 rule 72(3A) (as inserted) by S.S.I. 2015/419 para. 4(2)(b)
- Ch. 6 applied by SSI 2002/520 Sch. 1 rule 36A (as inserted) by S.S.I. 2015/419 para. 13(2)
- Ch. 6 applied by SSI 2008/119 Sch. rule 8A(2) (as inserted) by S.S.I. 2015/419 para. 14(3)
- Ch. 6 applied by SSI 2009/284 Sch. rule 7 (as substituted) by S.S.I. 2015/419 para. 15(3)
- Ch. 6 applied by SSI 2009/382 Sch. rule 14(4) (as inserted) by S.S.I. 2015/419 para. 16(2)(b)
- Ch. 19A inserted by S.S.I. 2021/226 para. 4(2)
- Ch. 29 applied by SSI 2002/133 Sch. 1 rule 23.1(10) (as substituted) by S.S.I. 2015/419 para. 12(3)(a)(iv)
- Ch. 29 heading words substituted by S.S.I. 2016/315 para. 6(2)(a)
- Sch. 1 para. 3(5A)(5B) inserted by S.S.I. 2015/419 para. 19(13)(a)(i)
- Sch. 1 para. 5(7) inserted by S.S.I. 2015/419 para. 19(13)(b)
- sch. 1 para. 1(3)(ha) inserted by S.S.I. 2021/452 para. 3(4)
- Instrument revoked by S.S.I. 2021/468 rule 34.1
- rule 4.4(2A) inserted by S.S.I. 2017/186 para. 3(3)(c)
- rule 6.1(e)(f) inserted by S.S.I. 2015/419 para. 19(3)
- rule 6.1(da) inserted by S.S.I. 2021/452 para. 3(2)
- rule 6.1(da) word substituted by S.S.I. 2022/135 para 4(2)
- rule 6.2(2)(ba) inserted by S.S.I. 2016/194 para. 7(2)(a)
- rule 6.7(2A)(2B) inserted by S.S.I. 2016/194 para. 7(3)(b)
- rule 19.4 19.4A 19.5 substituted for rules 19.4, 19.5 by S.S.I. 2019/74 para. 5(4)
- rule 19.2A inserted by S.S.I. 2015/419 para. 19(7)
- rule 19.2A omitted by S.S.I. 2019/74 para. 5(2)
- rule 26.1A inserted by S.S.I. 2023/196 para. 4(2)
- rule 27.3(1A) inserted by S.S.I. 2015/419 para. 19(9)
- rule 29.1(1)(b) omitted by S.S.I. 2016/315 para. 6(2)(b)
- rule 31.1 word substituted by S.S.I. 2022/135 para 4(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Pt. 15 Ch. 31 inserted by S.S.I. 2021/452 para. 3(3)
- Ch. 6 applied by SI 1986/2297 rule 36A (as inserted) by S.S.I. 2015/419 para. 3(3)
- Ch. 6 applied by SI 1988/2013 rule 72(3A) (as inserted) by S.S.I. 2015/419 para. 4(2)(b)
- Ch. 6 applied by SSI 2002/520 Sch. 1 rule 36A (as inserted) by S.S.I. 2015/419 para. 13(2)
- Ch. 6 applied by SSI 2008/119 Sch. rule 8A(2) (as inserted) by S.S.I. 2015/419 para. 14(3)
- Ch. 6 applied by SSI 2009/284 Sch. rule 7 (as substituted) by S.S.I. 2015/419 para. 15(3)
- Ch. 6 applied by SSI 2009/382 Sch. rule 14(4) (as inserted) by S.S.I. 2015/419 para. 16(2)(b)
- Ch. 19A inserted by S.S.I. 2021/226 para. 4(2)
- Ch. 29 applied by SSI 2002/133 Sch. 1 rule 23.1(10) (as substituted) by S.S.I. 2015/419 para. 12(3)(a)(iv)
- Ch. 29 heading words substituted by S.S.I. 2016/315 para. 6(2)(a)
- Sch. 1 para. 3(5A)(5B) inserted by S.S.I. 2015/419 para. 19(13)(a)(i)
- Sch. 1 para. 5(7) inserted by S.S.I. 2015/419 para. 19(13)(b)
- sch. 1 para. 1(3)(ha) inserted by S.S.I. 2021/452 para. 3(4)
- rule 4.4(2A) inserted by S.S.I. 2017/186 para. 3(3)(c)
- rule 6.1(e)(f) inserted by S.S.I. 2015/419 para. 19(3)
- rule 6.1(da) inserted by S.S.I. 2021/452 para. 3(2)
- rule 6.1(da) word substituted by S.S.I. 2022/135 para 4(2)
- rule 6.2(2)(ba) inserted by S.S.I. 2016/194 para. 7(2)(a)
- rule 6.7(2A)(2B) inserted by S.S.I. 2016/194 para. 7(3)(b)
- rule 19.4 19.4A 19.5 substituted for rules 19.4, 19.5 by S.S.I. 2019/74 para. 5(4)
- rule 19.2A inserted by S.S.I. 2015/419 para. 19(7)
- rule 19.2A omitted by S.S.I. 2019/74 para. 5(2)
- rule 26.1A inserted by S.S.I. 2023/196 para. 4(2)
- rule 27.3(1A) inserted by S.S.I. 2015/419 para. 19(9)
- rule 29.1(1)(b) omitted by S.S.I. 2016/315 para. 6(2)(b)
- rule 31.1 word substituted by S.S.I. 2022/135 para 4(2)
Prospective
CHAPTER 17SWITHDRAWAL OF SOLICITORS
Interpretation of this ChapterS
17.1. In this Chapter, “peremptory hearing” means a hearing at which a party whose solicitor has withdrawn from acting must appear or be represented in order to state whether or not the party intends to proceed.
Commencement Information
I1Rule 17.1 in force at 1.1.2016, see rule 1.1(2)
Giving notice of withdrawal to the CourtS
17.2.—(1) Where a solicitor withdraws from acting on behalf of a party, the solicitor must give notice in writing to the Clerk and to every other party.
(2) Paragraph (1) does not apply if the solicitor withdraws from acting at a hearing in the presence of the other parties or their representatives.
(3) Paragraph (4) applies if a solicitor who withdraws from acting is aware that the address of the party for whom the solicitor acted has changed from that specified in the instance of the note of appeal or answers to the note of appeal.
(4) The solicitor must disclose to the Clerk and every other party the last known address of the party for whom the solicitor acted.
Commencement Information
I2Rule 17.2 in force at 1.1.2016, see rule 1.1(2)
Arrangements for peremptory hearingS
17.3.—(1) On the first available court day after notice is given under rule 17.2(1), the procedural Appeal Sheriff is to make an order—
(a)ordaining the party whose solicitor has withdrawn from acting to appear or be represented at a peremptory hearing;
(b)fixing a date and time for the peremptory hearing;
(c)appointing any other party to the appeal to intimate the order and a notice in Form 17.3 to that party within 7 days after the date of the order.
(2) A peremptory diet is to be fixed no sooner than 14 days after the date on which an order is made under paragraph (1).
(3) The procedural Appeal Sheriff may vary the period of 7 days mentioned in paragraph (1) or the period of 14 days mentioned in paragraph (2)—
(a)of the procedural Appeal Sheriff’s own accord; or
(b)on cause shown, on the application of any other party to the appeal.
(4) Where any previously fixed hearing is to occur within 14 days after the date on which the procedural Appeal Sheriff is to make an order under paragraph (1), the procedural Appeal Sheriff may continue consideration of the matter to the previously fixed hearing instead of making an order under paragraph (1).
(5) Where an order and a notice in Form 17.3 are intimated under this rule, the party appointed to intimate them must lodge a certificate of intimation in Form 6.5—
(a)within 14 days after the date of intimation; or
(b)before the peremptory hearing,
whichever is sooner.
Commencement Information
I3Rule 17.3 in force at 1.1.2016, see rule 1.1(2)
Peremptory hearingS
17.4.—(1) At a peremptory hearing, the party whose solicitor has withdrawn from acting must appear or be represented in order to state whether the party intends to proceed.
(2) Where the party fails to comply with paragraph (1), the Court may make an order mentioned in paragraph (3) only if it is satisfied that the order and notice in Form 17.3 have been intimated to that party.
(3) The orders are—
(a)if the party is the appellant, an order refusing the appeal; or
(b)if the party is the respondent and the condition in paragraph (4) is satisfied, an order allowing the appeal.
(4) The condition is that the appellant must show cause why the appeal should be allowed.
(5) If the Court is not satisfied that the order and notice in Form 17.3 have been intimated to that party, it may make—
(a)an order fixing a further peremptory hearing;
(b)any other order that the Court considers appropriate to secure the expeditious disposal of the appeal.
Commencement Information
I4Rule 17.4 in force at 1.1.2016, see rule 1.1(2)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Chapter only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.