PART 6

INCIDENTAL PROCEDURE: SPECIAL PROCEDURES
CHAPTER 22

COMPATIBILITY QUESTIONS AND DEVOLUTION ISSUES

Raising a compatibility question or devolution issue
22.2
1
A compatibility question or devolution issue is raised by specifying a compatibility question or devolution issue in Form 22.2.
2
A compatibility question or devolution issue in Form 22.2 is to be lodged—
a
by an appellant, when the note of appeal is lodged;
b
by a respondent, when answers to the note of appeal are lodged,
unless the Court allows an appellant or a respondent to raise a compatibility question or devolution issue at a later stage in proceedings.
3
An application to allow a compatibility question or devolution issue to be raised after the note of appeal has been lodged or answers to the note of appeal have been lodged, as the case may be, is to be made by motion.
4
The party raising a compatibility question or devolution issue must specify, in sufficient detail to enable the Court to determine whether a compatibility question or devolution issue arises—
a
the facts and circumstances;
b
the contentions of law,
on the basis of which it is alleged that the compatibility question or devolution issue arises in the appeal.
5
The Court may not determine a compatibility question or devolution issue unless permission has been given for the compatibility question or devolution issue to proceed.
Ch. 22 substituted (16.7.2024) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules 2021 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (S.S.I. 2024/195), paras. 1(2), 3(2)