EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

Section 113 of the Courts Reform (Scotland) Act 2014 provides that an appeal may be taken to the Court of Session against a decision of the Sheriff Appeal Court constituting final judgment in civil proceedings but only with the permission of the Sheriff Appeal Court or, if that court has refused permission, with the permission of the Court of Session. Section 113(2) sets a statutory test which must be met before permission can be granted. This Act of Sederunt amends Form 40.2 of the Rules of the Court of Session to direct applicants to that statutory test when making an application to the Court of Session for permission to appeal a decision of the Sheriff Appeal Court.