Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015

Amendment of the Summary Cause Rules 2002

11.—(1) The Summary Cause Rules 2002(1) are amended in accordance with this paragraph.

(2) In rule 2.1(5) (representation), omit “, other than appeals to the sheriff principal,”.

(3) In rule 8.15 (objections to admissibility of evidence), omit subparagraph (b).

(4) Omit rule 8.16 (incidental appeal against rulings on confidentiality of evidence and production of documents).

(5) In rule 23.2 (final decree)(2), omit “the sheriff principal or”.

(6) In rule 23.3 (expenses)(3)—

(a) in paragraph (6), omit “the sheriff principal or”;

(b) in paragraph (9)(b), omit “the sheriff principal or”;

(c) in paragraph (10), omit “sheriff principal or the”;

(d) omit paragraph (11);

(e) in paragraph (12), omit “the sheriff principal or”;

(f) in paragraph (13), omit “sheriff principal or”;

(g) in paragraph (15), omit “sheriff principal or”.

(7) In Chapter 25 (appeals)—

(a) in rule 25.1 (appeals)—

(i) in paragraph (1)—

(aa) for “the sheriff principal” substitute “the Sheriff Appeal Court”;

(bb) omit “by note of appeal”;

(ii) in paragraph (2), for “a note of appeal” substitute “Form 31”;

(iii) in paragraph (3), for “a note of appeal” substitute “Form 31”;

(iv) for paragraph (10) substitute—

“(10) After the sheriff has signed the stated case, the appeal is to proceed in accordance with Chapter 29 of the Act of Sederunt (Sheriff Appeal Court Rules) 2015(4).”;

(v) the heading becomes “Appeals: application for stated case”;

(b) omit rules 25.2 (effect of and abandonment of appeal) and 25.3 (hearing of appeal);

(c) in rule 25.4 (appeal in relation to a time to pay direction)—

(i) in paragraph (1), for “sheriff principal” substitute “Sheriff Appeal Court”;

(ii) in paragraph (2), for “Rules 25.1, 25.2, 25.3(2) and (3) and 25.7” substitute “Rule 25.1”;

(iii) omit paragraph (5);

(d) in rule 25.6(c) (provisions for appeal in actions for recovery of heritable property to which rule 30.2 applies), for “note of appeal” substitute “Form 31”;

(e) omit rule 25.7 (appeal to the Court of Session).

(8) In Appendix 1 (forms)(5)—

(a) in Form 31 (form of note of appeal to the sheriff principal)—

(i) for “sheriff principal” substitute “Sheriff Appeal Court”;

(ii) the title of the Form becomes “Form of application for stated case”;

(b) in Form 32 (application for leave to appeal against time to pay direction), for “sheriff principal” substitute “Sheriff Appeal Court”;

(c) in Form 33 (appeal against time to pay direction), for “sheriff principal” substitute “Sheriff Appeal Court”;

(d) omit Form 34 (application for certificate of suitability for appeal to the Court of Session).

(9) In Appendix 2 (glossary), in the term “stated case”, for “sheriff principal” substitute “Sheriff Appeal Court”.

(1)

The Summary Cause Rules 2002 are in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 2002 (S.S.I. 2002/132, last amended by S.S.I. 2015/283).

(2)

Rule 23.2 was amended by S.S.I. 2002/516.

(3)

Rule 23.3 was last amended by S.S.I. 2009/164.

(4)

S.S.I. 2015/356.

(5)

Appendix 1 was last amended by S.S.I. 2015/283.