Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
Citation and commencement, etc.1.
(1)
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015.
(2)
Subject to subparagraph (3), it comes into force on 1st January 2016.
(3)
Paragraph 19 comes into force on 31st December 2015.
(4)
A certified copy is to be inserted in the Books of Sederunt.
Amendment of the Act of Sederunt (Expenses of Party Litigants) 19762.
(1)
(2)
In rule 2 (expenses allowable to party litigants)—
(a)
in paragraph (1)—
(i)
after “the Court of Session”, insert “, the Sheriff Appeal Court”;
(ii)
in subparagraph (a), omit “for that work under the table of fees for solicitors in judicial proceedings”;
(b)
in paragraph (3)—
(i)
in subparagraph (a), after “the Court of Session” insert “, the Sheriff Appeal Court”;
(ii)
omit subparagraph (d).
Amendment of the Act of Sederunt (Sheriff Court Company Insolvency Rules) 19863.
(1)
(2)
In rule 36 (appeals to the Sheriff Principal or Court of Session)—
(a)
in paragraph (1)—
(i)
omit “the Sheriff Principal or”;
(ii)
in subparagraph (b), for “the Sheriff Principal [or Court of Session]” substitute “the Court of Session”;
(b)
in paragraph (3), omit “Where the appeal is to the Court of Session,”;
(c)
“(a)
transmit the process to the Deputy Principal Clerk of Session; and”;
(d)
the heading becomes “Appeals to the Court of Session”.
(3)
“Appeals to the Sheriff Appeal Court36A.
Where an appeal to the Sheriff Appeal Court is competent, it is to be made in accordance with Chapter 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 20155.”.
Amendment of the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 19884.
(1)
(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)
“(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) 20157.”;
(c)
“(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)
“(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).
Amendment of the Ordinary Cause Rules 19935.
(1)
(2)
(3)
In rule 11.7 (retention and disposal of parts of process by sheriff clerk)—
(a)
in paragraph (1)—
(i)
for “marking” substitute “making”;
(ii)
for “marked” substitute “made”;
(b)
in paragraph (2), for “marked” substitute “made”.
(4)
In rule 11.8(1) (uplifting of productions from process), for “marked” in each place where it occurs substitute “made”.
(5)
(6)
(7)
“Rulings on admissibility of evidence: leave to appeal29.19.
(1)
This rule applies where a party or any other person objects to—
(a)
the admissibility of oral or documentary evidence on the ground of confidentiality;
(b)
the production of a document on any ground.
(2)
An application for leave to appeal against the decision of the sheriff on the objection must be made immediately.”.
(8)
(9)
In rule 30.8(1) (date of decree in extract), for “sheriff principal” in each place where it occurs substitute “Sheriff Appeal Court”.
(10)
(a)
omit rule 31.1 (time limit for appeal);
(b)
(c)
(d)
omit rules 31.3 (form of appeal to Court of Session) to 31.8 (fixing of Options Hearing or making other order following appeal);
(e)
in rule 31.9 (appeals in connection with orders under section 11 of the Children (Scotland) Act 1995 or aliment), for “, the sheriff principal or the Court of Session, as the case may be” substitute “or the Sheriff Appeal Court”;
(f)
in rule 31.10 (interim possession etc. pending appeal)—
(i)
in paragraph (1), omit “or sheriff principal”;
(ii)
“(2)
An order made under paragraph (1) may be reviewed by the Sheriff Appeal Court.”;
(g)
omit rule 31.11 (abandonment of appeal).
(11)
In rule 33.81 (simplified divorce applications: appeals)—
(a)
the existing rule becomes paragraph (1);
(b)
“(2)
Within 4 days after receiving an appeal, the sheriff clerk must transmit to the Clerk of the Sheriff Appeal Court—
(a)
the appeal;
(b)
all documents and productions in the simplified divorce application.
(3)
On receipt of the appeal, the Clerk of the Sheriff Appeal Court is to fix a hearing and intimate the date, time and place of that hearing to the parties.”.
(12)
In rule 33.86(1)(a) (variation of Court of Session decrees: transmission of process)—
(a)
for “marking” substitute “making”;
(b)
for “marked” substitute “made”.
(13)
In rule 33A.74 (simplified dissolution of civil partnership applications: appeals)—
(a)
the existing rule becomes paragraph (1);
(b)
“(2)
Within 4 days after receiving an appeal, the sheriff clerk must transmit to the Clerk of the Sheriff Appeal Court—
(a)
the appeal;
(b)
all documents and productions in the simplified dissolution of civil partnership application.
(3)
On receipt of the appeal, the Clerk of the Sheriff Appeal Court is to fix a hearing and intimate the date, time and place of that hearing to the parties.”.
(14)
“(3)
An application for leave to appeal against the decision of the sheriff on that motion must be made immediately.”.
(15)
(16)
Amendment of the Act of Sederunt (Summary Suspension) 19936.
(1)
(2)
(3)
In paragraph 4 (objections), for “sheriff principal” substitute “Sheriff Appeal Court”.
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,”;
(b)
Amendment of the Act of Sederunt (Child Care and Maintenance Rules) 19978.
(1)
(2)
(a)
in subparagraph (a), for “marked” substitute “made”;
(b)
in subparagraph (b), for “marked on” substitute “made in relation to”.
(3)
(4)
(a)
(i)
in paragraph (1), omit “to the sheriff principal to which this Part applies”;
(ii)
in paragraph (8), omit subparagraph (a);
(iii)
omit paragraph (9);
(iv)
the heading becomes “Appeals: applications for stated case”;
(b)
omit rule 3.61 (hearing);
(c)
(d)
Amendment of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19999.
(1)
(2)
In rule 2.21 (transfer to another sheriff court), omit paragraph (8).
(3)
In rule 2.25(1)(b)(iii) (when decrees extractable), for “marked” in each place where it occurs substitute “made”.
(4)
In rule 2.28 (date of decree in extract), for “sheriff principal” in each place where it occurs substitute “Sheriff Appeal Court”.
(5)
(6)
(7)
(a)
omit paragraphs (1) and (3);
(b)
the heading becomes “Applications for leave to appeal to the Sheriff Appeal Court”.
(8)
(a)
in paragraph (8), for “marked” substitute “made”;
(b)
in paragraph (9), for “mark” substitute “make”.
Amendment of the Act of Sederunt (Proceedings for Determination of Devolution Issues Rules) 199910.
(1)
(2)
(3)
(4)
Amendment of the Summary Cause Rules 200211.
(1)
(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)
(6)
(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)
“(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) 201550.”;
(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)
(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”.
Amendment of the Small Claim Rules 200212.
(1)
(2)
(a)
in paragraph (1)—
(i)
in subparagraph (b), omit “; or”;
(ii)
omit subparagraph (c);
(b)
in paragraph (6), omit “the sheriff principal or”;
(c)
in paragraph (9)(b), omit “the sheriff principal or”;
(d)
in paragraph (10), omit “sheriff principal or the”;
(e)
omit paragraph (11);
(f)
in paragraph (12), omit “the sheriff principal or”;
(g)
in paragraph (13), omit “sheriff principal or”;
(h)
in paragraph (15), omit “sheriff principal or”.
(3)
In Chapter 23 (appeals)—
(a)
in rule 23.1 (appeals)—
(i)
in paragraph (1)—
(aa)
for “sheriff principal” substitute “Sheriff Appeal Court”;
(bb)
omit “by note of appeal”;
(ii)
in paragraph (2), for “a note of appeal” substitute “Form 21”;
(iii)
in paragraph (3), for “a note of appeal” substitute “Form 21”;
(iv)
“(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) 201554.”;
(v)
the heading becomes “Appeals: application for stated case”;
(b)
omit rules 23.2 (effect of and abandonment of appeal) and 23.3 (hearing of appeal);
(c)
in rule 23.4 (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 23.1, 23.2 and 23.3(2) and (3)” substitute “Rule 23.1”;
(iii)
omit paragraph (5).
(4)
(a)
in Form 21 (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 22 (application for leave to appeal against time to pay direction), for “sheriff principal” substitute “Sheriff Appeal Court”;
(c)
in Form 23 (appeal against time to pay direction), for “sheriff principal” substitute “Sheriff Appeal Court”.
(5)
In Appendix 2 (glossary), in the term “stated case”, for “sheriff principal” substitute “Sheriff Appeal Court”.
Amendment of the Rules for Applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 200213.
(1)
(2)
“Appeals to the Sheriff Appeal Court36A.
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) 201557.”.
(3)
In Appendix 2 (glossary), in the term “stated case”, for “sheriff principal” substitute “Sheriff Appeal Court”.
Amendment of the Sheriff Court Bankruptcy Rules14.
(1)
(2)
(a)
in paragraph (1)—
(i)
after “appeal” insert “to the Court of Session”;
(ii)
omit subparagraphs (a) and (d);
(b)
in paragraph (2), for “the Sheriff Principal [or Court of Session]” substitute “the Court of Session”;
(c)
“(5)
The sheriff clerk shall, within four days of the note of appeal being marked, transmit the process to the Deputy Principal Clerk of Session.”;
(d)
in paragraph (6), omit subparagraph (c);
(e)
omit paragraph (9);
(f)
the heading becomes “Appeals to the Court of Session”.
(3)
“Appeals to the Sheriff Appeal Court8A.
(1)
This rule applies to an appeal to the Sheriff Appeal Court under the following provisions of the Act of 1985—
(a)
section 15(2A) (order transferring sequestration)60;(b)
section 15(3) (refusing to award)61;(c)
section 30(8) (removing commissioner)62;(d)
section 56J(2) (refusal to annul bankruptcy restrictions order or interim bankruptcy restrictions order)63.(2)
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) 201564.(3)
Within four days of a note of appeal being lodged under rule 6.2(1) (form of appeal) of the Act of Sederunt (Sheriff Appeal Court Rules) 2015, the Clerk of the Sheriff Appeal Court must send written notice of the appeal—
(a)
in an appeal under section 15(3) of the Act of 1985, to any concurring creditor and the debtor, as the case may be;
(b)
in an appeal under section 30(8) of the Act of 1985, to the trustee, the Accountant in Bankruptcy, any commissioner and any creditor;
(c)
in an appeal under section 56J(2) of the Act of 1985, to the Accountant in Bankruptcy and the trustee.
(4)
The Clerk of the Sheriff Appeal Court must certify on the interlocutor sheet that notice has been given in accordance with paragraph (3).
(5)
Failure by the Clerk of the Sheriff Appeal Court to comply with paragraph (3) or (4) does not affect the validity of an appeal.”.
Amendment of the Sheriff Court Adoption Rules 200915.
(1)
(2)
(a)
in subparagraph (a), for “marked” substitute “made”;
(b)
in subparagraph (b), for “marked on” substitute “made in relation to”.
(3)
“Appeals7.
An appeal to the Sheriff Appeal Court against an order of the sheriff under these Rules is to be made in accordance with Chapter 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 201567.”.
Amendment of the Money Attachment Rules 200916.
(1)
(2)
In rule 14 (appeals)—
(a)
omit paragraph (3);
(b)
“(4)
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) 201569.”.
Amendment of the Act of Sederunt (Contempt of Court in Civil Proceedings) 201117.
(1)
(2)
In rule 1 (citation, commencement and application)—
(a)
“(c)
civil proceedings in the Sheriff Appeal Court.”;
(b)
“(4)
In this Act of Sederunt, “civil proceedings” has the meaning given by section 136(1) of the Courts Reform (Scotland) Act 201471.”.
(3)
“(4)
Where the court concerned is the Sheriff Appeal Court—
(a)
rule 23.5 (recording of evidence) of the Act of Sederunt (Sheriff Appeal Court Rules) 201572 applies to the contempt hearing;(b)
rule 23.6 (transcripts of evidence) of the Act of Sederunt (Sheriff Appeal Court Rules) 2015 applies to the contempt hearing, subject to paragraph (3).”.
Amendment of the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 201518.
(1)
(2)
“Transitory provision: applications for new trial or to enter jury verdicts5.
Paragraph 4 has effect in relation to any application made under section 69 or 71 of the Courts Reform (Scotland) Act 2014 before 1st January 2016.”.
Amendment of the Act of Sederunt (Sheriff Appeal Court Rules) 201519.
(1)
(2)
In rule 5.6(3)(b) (additional methods of intimation where receiving party represented by solicitor), omit “at or”.
(3)
“(e)
an appeal against an interlocutor granting decree of divorce in a simplified divorce application (see rule 33.81 of the Ordinary Cause Rules 199375);(f)
an appeal against an interlocutor granting decree of dissolution of civil partnership in a simplified dissolution of civil partnership application (see rule 33A.74 of the Ordinary Cause Rules 199376.”.
(4)
In rule 7.3(1) (cross-appeals), for “within 28 days after the appeal is intimated in accordance with an order under rule 6.5(1) (order for intimation and answers)” substitute “within 28 days after the timetable is issued under rule 7.2(1)”.
(5)
“Appeal print7.9.
(1)
The appellant must lodge an appeal print within 21 days after the timetable is issued under rule 7.2(1).
(2)
An appeal print is to contain—
(a)
the pleadings in the sheriff court process;
(b)
the interlocutors in the sheriff court process;
(c)
the sheriff’s note setting out the reasons for the decision appealed against, if it is available.
(3)
Where the appeal is directed at the refusal of the sheriff to allow the pleadings to be amended, the appeal print is also to contain the text of the proposed amendment.”.
(6)
In rule 13.4(3) (lodging unopposed motions), for “5 p.m.” substitute “1700 hours”.
(7)
“Sanction for the employment of counsel19.2A.
(1)
The Court may grant sanction for the employment of counsel to carry out the types of work specified in paragraph (3)—
(a)
of the Court’s own accord; or
(b)
on the application of any party.
(2)
An application is to be made by motion.
(3)
The types of work are—
(a)
appearing at any hearing;
(b)
preparing any document that is to be lodged in relation to the appeal.
(4)
Sanction may be granted before or after the work for which it is sought has been carried out.
(5)
A refusal to grant sanction before work is carried out does not prevent sanction being granted for that work after it has been carried out.
(6)
In granting sanction, the Court may also—
(a)
grant sanction for more than one person to carry out the work;
(b)
impose any restrictions.”.
(8)
In rule 24.6(2) (taking of evidence by commissioner: preparatory steps), after “is” insert “to”.
(9)
“(1A)
An application is to be made by motion.”.
(10)
In rule 28.2(3) (form of application for new trial), for “motion” substitute “application”.
(11)
In rule 28.14(3) (application to enter jury verdict), for “a motion under paragraph (2)” substitute “an application”.
(12)
In rule 30.1(1) (application and interpretation of Chapter 30), omit “section” where it second occurs.
(13)
In Schedule 1 (administrative provisions)—
(a)
in paragraph 3 (signature of interlocutors etc.)—
(i)
“(5A)
The Clerk may sign any other interlocutor if directed to do so by the procedural Appeal Sheriff.
(5B)
A direction under subparagraph (5A) need not be in writing.”;
(ii)
in subparagraphs (6) and (8), for “subparagraph (5)” substitute “subparagraphs (5) and (5A)”;
(b)
“(7)
Where interest is included in or payable under a decree, the rate of interest is 8 per cent a year unless otherwise stated.”.
(14)
In Schedule 2 (forms)—
(a)
in Form 6.2 (note of appeal) at the end of paragraph 1 insert “The court reference number is (insert court reference number).”;
(b)
in Form 7.3 (grounds of appeal)—
(i)
for “GROUND” substitute “GROUNDS”;
(ii)
the title of the Form becomes “Grounds of appeal in cross-appeal”;
(c)
in Form 13.1 (Form of motion by email), in paragraph 11, for “5 p.m.” substitute “1700 hours”.
Saving provisions20.
(1)
The following acts of sederunt as they applied immediately before 1st January 2016 continue to apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
In paragraph 5 (amendment of the Ordinary Cause Rules 1993)—
(a)
subparagraphs (2), (10), (14), (15) and (16) do not apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016;
(b)
subparagraphs (3), (4), (6) and (12) do not apply where the final determination of the cause occurred before 1st January 2016;
(c)
subparagraph (5) does not apply where a sheriff transferred a cause to another sheriff court before 1st January 2016;
(d)
subparagraph (7) does not apply in respect of a ruling of the sheriff on an objection made before 1st January 2016;
(e)
subparagraph (8) does not apply in respect of a decree pronounced before 1st January 2016;
(f)
subparagraph (9) does not apply in relation to a decision of a sheriff made before 1st January 2016;
(g)
subparagraphs (11) and (13) do not apply for the purposes of an appeal against an interlocutor granting decree of divorce or dissolution of civil partnership before 1st January 2016.
(3)
Paragraph 6(3) (amendment of the Act of Sederunt (Summary Suspension) 1993) does not apply to an appeal to the sheriff principal against a decision of the sheriff made before 1st January 2016.
(4)
In paragraph 7 (amendment of the Rules of the Court of Session 1994)—
(a)
(i)
an appeal against the decision of a sheriff made before 1st January 2016;
(ii)
(b)
subparagraph (6) does not apply in respect of an appeal against a decision of a sheriff made before 1st January 2016.
(5)
In paragraph 9 (amendment of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999)—
(a)
subparagraph (2) does not apply where a sheriff transferred a summary application to another sheriff court before 1st January 2016;
(b)
subparagraph (3) does not apply in respect of a decree pronounced before 1st January 2016;
(c)
subparagraph (4) does not apply in relation to a decision of a sheriff made before 1st January 2016;
(d)
subparagraph (5) does not apply where the final determination of the application occurred before 1st January 2016;
(e)
subparagraphs (7) and (8) do not apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016.
(6)
In paragraph 11 (amendment of the Summary Cause Rules 2002)—
(a)
subparagraphs (2), (7) and (8) do not apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016;
(b)
subparagraphs (3) and (4) do not apply in respect of a ruling of the sheriff on an objection made before 1st January 2016;
(c)
subparagraph (5) does not apply where the sheriff principal has granted decree before 1st January 2016;
(d)
subparagraph (6) does not apply where an appeal to the sheriff principal has been marked before 1st January 2016.
(7)
In paragraph 12 (amendment of the Small Claim Rules 2002)—
(a)
subparagraph (2) does not apply where an appeal to the sheriff principal has been marked before 1st January 2016;
(b)
subparagraphs (3) and (4) do not apply for the purposes of an appeal against a decision of the sheriff made before 1st January 2016.
Edinburgh
This Act of Sederunt amends the Rules of the Court of Session 1994 and various sheriff court rules in consequence of the Sheriff Appeal Court taking up its civil jurisdiction and competence on 1st January 2016. The amendments principally remove inconsistent appeal provisions from individual sets of rules as the procedure in the Sheriff Appeal Court will be regulated instead by the Act of Sederunt (Sheriff Appeal Court Rules) 2015.
Additionally, paragraph 2 amends the Act of Sederunt (Expenses of Party Litigants) 1976 to make provision about the expenses of party litigants in the Sheriff Appeal Court in consequence of the Litigants in Person (Costs and Expenses) (Sheriff Appeal Court) Order 2015. Paragraph 17 amends the Act of Sederunt (Contempt of Court in Civil Proceedings) 2011 to extend the procedure for dealing with certain contempts of court to the Sheriff Appeal Court.
Paragraph 18 amends paragraph 5 of the Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015, which makes transitory provision about applications for a new trial or to enter a jury verdict arising from proceedings in the all-Scotland personal injury court. That transitory provision is modified to take account of the Sheriff Appeal Court assuming its civil jurisdiction and competence.
Paragraph 19 makes a number of amendments to the Act of Sederunt (Sheriff Appeal Court Rules) 2015. They correct defects, minor typographical errors and omissions. In addition, provision is inserted about sanction for the employment of counsel and to enable the Clerk of the Sheriff Appeal Court to sign certain orders at the direction of a procedural Appeal Sheriff.
Paragraph 20 contains saving provisions that preserve the existing law in respect of decisions of the sheriff made before 1st January 2016.
The Act of Sederunt comes into force on 1st January 2016, except paragraph 19 which comes into force on 31st December 2015 to correct errors in the Act of Sederunt (Sheriff Appeal Court) Rules 2015 before it comes into force.