Act of Sederunt (Sheriff Appeal Court Rules) 2021

CHAPTER 24 S [F1 STATUTORY INTERVENERS]

Textual Amendments

F1 Ch. 24 heading substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 3(2)(a)

[F2 Application of this Chapter S

24.1.— (1) This Chapter applies to interventions in proceedings by a person established by an enactment on whom a power to intervene in proceedings other than by taking part as a party has been conferred by an enactment.

(2) This Chapter is without prejudice to any other entitlement of such a person to seek to be sisted as a party to proceedings by virtue of any enactment conferring title and interest on it to do so.]

Textual Amendments

F2 Rule 24.1 substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 3(2)(b)

Applications to intervene S

24.2.—(1) An application for leave to intervene is to be made in Form 24.2.

(2) Such an application must be lodged in the process of the appeal to which it relates.

(3) When an application is lodged, rule 5.2(1) applies as if the applicant were a party.

(4) The parties may request a hearing on the application within 14 days after the application is lodged.

(5) Where a hearing is requested—

(a) the Court must appoint a date and time for a hearing;

(b) the Clerk must notify the date and time of the hearing to the parties and the applicant.

(6) Where no hearing is requested, the Court may appoint a date and time for a hearing of its own accord and the Clerk must notify the date and time of the hearing to the parties and the applicant.

Commencement Information

I1 Para. 24.2 in force at 6.1.2022, see para. 1.1(2)

Applications to intervene: determination S

24.3.—(1) The Court may determine an application for leave to intervene without a hearing, unless a hearing is fixed under rule 24.2(5) or (6).

[F3 (2) Where an enactment requires that the Court be satisfied that intervention is likely to assist the Court, it may grant leave to intervene only if it is so satisfied.]

(3) Where the Court grants leave to intervene, it may impose any conditions that it considers desirable in the interests of justice.

(4) In particular, the Court may make provision about any additional expenses incurred by the parties as a result of the intervention.

(5) When an application is determined, the Clerk must notify the parties and the applicant of the outcome.

Textual Amendments

F3 Rule 24.3(2) substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 3(2)(c)

Commencement Information

I2 Para. 24.3 in force at 6.1.2022, see para. 1.1(2)

Invitations to intervene S

24.4.— [F4 (1) An invitation from the Court to intervene is to be in Form 24.4.

(1A) Where an enactment requires that the Court be satisfied that intervention is likely to assist the Court, it may invite an intervention only if it is so satisfied.]

(2) The Clerk must send a copy of Form 24.4 to the parties to the proceedings and to the [F5 invitee].

(3) When the Clerk sends a copy of Form 24.4 to the [F5 invitee], the Clerk must also send—

(a) a copy of the note of appeal and any answers to it;

(b) the appeal print, if it is available;

(c) any other documents relating to the appeal that the Court thinks are relevant.

(4) Where the Court invites the [F5 invitee] to intervene, it may impose any conditions that it considers desirable in the interests of justice.

(5) In particular, the Court may make provision about any additional expenses incurred by the parties as a result of the intervention.

Textual Amendments

F4 Rule 24.4(1)(1A) substituted for rule 24.4(1) (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 3(2)(d)(i)

F5 Word in rule 24.4 substituted (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 3(2)(d)(ii)

Commencement Information

I3 Para. 24.4 in force at 6.1.2022, see para. 1.1(2)

Form of intervention S

24.5.—(1) An intervention is to be by way of written submission.

(2) A written submission (including any appendices) must not exceed 5,000 words.

(3) The intervener must lodge the written submission within such time as the Court may direct.

(4) In exceptional circumstances, the Court may allow—

(a) a written submission exceeding 5,000 words to be made;

(b) an oral submission to be made.

(5) Where the Court allows an oral submission to be made, it must appoint a date and time for the submission to be made.

(6) The Clerk must notify that date and time to the parties and the intervener.

Commencement Information

I4 Para. 24.5 in force at 6.1.2022, see para. 1.1(2)