PART 3

INITIATION AND PROGRESS OF AN APPEAL
CHAPTER 7

STANDARD APPEAL PROCEDURE

Urgent disposal
7.4
1
The procedural Appeal Sheriff may order urgent disposal of an appeal—
a
of the procedural Appeal Sheriff’s own accord; or
b
on the application of the appellant or a respondent.
2
Where the appellant or a respondent seeks urgent disposal, an application for urgent disposal is to be made by motion.
3
An application may be made—
a
by the appellant, when the note of appeal is lodged;
b
by the respondent, not later than the expiry of the period for lodging answers specified in rule 6.5(1)(b) (order for intimation and answers).
4
Where the decision appealed against concerns an order made by the sheriff under section 11(1) of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.) , the appellant must seek urgent disposal.
5
Where the procedural Appeal Sheriff proposes to order urgent disposal of the procedural Appeal Sheriff’s own accord—
a
the Clerk must notify every party to the appeal;
b
any party who objects to urgent disposal may make representations within such time and in such manner as the procedural Appeal Sheriff orders.
1995 c. 36. Section 11 was amended by the Family Law (Scotland) Act 2006 (asp 2), section 24; the Adoption and Children (Scotland) Act 2007 (asp 4), section 107, schedule 2, paragraph 9(2) and schedule 3, paragraph 1; the Human Fertilisation and Embryology Act 2008 (c. 22), Schedule 6, paragraph 52; S.S.I. 2001/36 and S.S.I 2005/42.
Rule 7.4 in force at 1.1.2016, see rule 1.1(2)