Amendment of the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988 S

4.—(1) The Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(1) is amended in accordance with this paragraph.

(2) In rule 72 (appeals)—

(a) in paragraph (3)—

(i) for “Subject to section 103(2) of the Act, an appeal shall—” substitute “An appeal to the Court of Session is to—”;

(ii) in subparagraph (d), omit “where appeal is made to the Court of Session,”;

(b) after paragraph (3), insert—

“(3A) An appeal to the Sheriff Appeal Court is to be made in accordance with Chapter 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 2015(2).”;

(c) for paragraph (4) substitute—

“(4) When the appellant appeals to—

(a) the Court of Session in accordance with paragraph (3); or

(b) the Sheriff Appeal Court in accordance with paragraph (3A),

the appellant must at the same time intimate to the other parties that an appeal has been made.”;

(d) for paragraph (5) substitute—

“(5) When an appeal is made, the sheriff is to issue a note stating the reasons for the decision appealed against.”;

(e) omit paragraph (6).

Commencement Information

I1 Para. 4 in force at 1.1.2016, see para. 1(2)

(1)

S.I. 1988/2013, last amended by S.S.I. 2009/294.

(2)

S.S.I. 2015/356.