Amendment of the Rules of the Court of Session 19947.
(1)
(2)
In rule 3.2(2)(b) (General Department), after “sheriff court” insert “and the Sheriff Appeal Court”.
(3)
“(c)
inferior court means—
(i)
the Lyon Court;
(ii)
the Sheriff Appeal Court, in respect of an appeal under section 113(1) of the Act of 2014 or section 38(b) of the Sheriff Courts (Scotland) Act 197123;(iii)
the sheriff principal, in respect of an appeal under section 114(1) of the Act of 2014;
(d)
any reference to leave to appeal includes permission to appeal in terms of section 113(1) of the Act of 2014.”.
(4)
(a)
for “sheriff court” substitute “Sheriff Appeal Court”;
(b)
the heading of the rule becomes “Referral to family mediation in appeals from the Sheriff Appeal Court”.
(5)
“(1)
This Chapter applies to an appeal from any decision of a tribunal, unless one of the following Chapters applies—
(a)
Chapter 38 (reclaiming);
(b)
Chapter 39 (applications for new trial or to enter jury verdicts);
(c)
Chapter 40 (appeals from inferior courts).”.
(6)
(a)
in paragraph (1)(a)—
(i)
for “(or as the case may be to the sheriff principal)” substitute “or the Sheriff Appeal Court”;
(ii)
for “him or her” substitute “the sheriff or the Sheriff Appeal Court”;
(b)
in paragraph (2)—
(i)
for “(or sheriff principal)” substitute “or the Sheriff Appeal Court”;
(ii)
after “sheriff clerk” in both places where it occurs, insert “or the Clerk of the Sheriff Appeal Court”.
(7)
“(fa)
an appeal from the Sheriff Appeal Court;”.
(8)
In rule 70.1 (interpretation of this Chapter), in the definition of “relevant authority”—
(a)
after “a sheriff court,” insert “the Sheriff Appeal Court,”;