PART 7SSPECIAL APPEAL PROCEEDINGS

CHAPTER 34SANCILLARY PROVISIONS

RevocationS

34.1.  Act of Sederunt (Sheriff Appeal Court Rules) 2015(1) is revoked.

Commencement Information

I1Para. 34.1 in force at 6.1.2022, see para. 1.1(2)

Consequential amendmentS

34.2.—(1) The Simple Procedure Rules are amended in accordance with this paragraph.

(2) In rule 16.4(8) (what will the Sheriff Appeal Court do with an appeal?)(2), for “Act of Sederunt (Sheriff Appeal Court Rules) 2015” substitute “Act of Sederunt (Sheriff Appeal Court Rules) 2021”.

Commencement Information

I2Para. 34.2 in force at 6.1.2022, see para. 1.1(2)

Saving provisionS

34.3.—(1) Subject to paragraphs (2) to (4), Act of Sederunt (Sheriff Appeal Court Rules) 2015 (“the 2015 Rules”) is saved in so far as it applies to any proceedings commenced before the coming into force of this Act of Sederunt.

(2) Rules 21.1 and 21.5 of the 2015 Rules are saved in respect of appeals in which a reference to the European Court is made before IP completion day.

(3) In paragraph (2), “reference” has the meaning given in rule 21.1 of the 2015 Rules.

(4) Paragraph (1) does not apply to rules 21.2 to 21.4 of the 2015 Rules.

Commencement Information

I3Para. 34.3 in force at 6.1.2022, see para. 1.1(2)

Transitional provisionS

34.4.  The Appeal Sheriff may direct that this Act of Sederunt applies to any proceedings commenced before the coming into force of this Act of Sederunt but only after giving the parties an opportunity to be heard.

Commencement Information

I4Para. 34.4 in force at 6.1.2022, see para. 1.1(2)

(1)

S.S.I. 2015/356, last amended by S.S.I. 2021/452.

(2)

Rule 16.4(8) was inserted by S.S.I. 2016/315.