Act of Sederunt (Sheriff Appeal Court Rules) 2021

Quorum of the Court

1.—(1) The quorum of the Court for the types of business specified in sub-paragraph (3) is one Appeal Sheriff but more than one Appeal Sheriff may sit where the Court considers that to be appropriate.

(2) The quorum of the Court for any other business is three Appeal Sheriffs but more than three Appeal Sheriffs may sit where the Court considers that to be appropriate.

(3) The types of business are—

(a) relieving a party from the consequences of a failure to comply with a provision in these Rules under rule 2.1(1);

(b) making an order to secure the expeditious disposal of the appeal under rule 3.2(2);

(c) granting permission for lay representation under rule 4.3;

(d) granting an application for lay support under rule 4.5;

(e) ordering otherwise where a party is to intimate to every other party under rule 5.2;

(f) disposing of an application for leave to receive an appeal out of time under rule 6.4(2);

(g) a hearing fixed under rule 6.7;

(h) a hearing fixed under rule 6.8;

(i) a hearing fixed under Chapter 8;

(j) disposing of an application to abandon an appeal under rule 10.1;

(k) disposing of an application for permission to appeal to the Court of Session under rule 12.2(1), where the decision in respect of which permission to appeal is sought was made by one Appeal Sheriff;

(l) a peremptory hearing under rule 18.4;

(m) disposing of an application for sanction for the employment of counsel, unless the application seeks sanction in respect of appearing at a hearing before more than one Appeal Sheriff;

(n) ordering caution or giving security under rule 19.3;

(o) ordering caution or giving security under rule 19.4;

(p) ordering further caution to be found or further security to be given under rule 19.8(2);

(q) granting a motion for a finding that a person is in default under rule 19.9(1);

(r) granting decree for expenses as taxed under rule 20.4(3);

(s) disposing of a note of objections under rule 20.5(7), where the order allowing expenses was made by one Appeal Sheriff;

(t) allowing decree for expenses to be extracted in the name of the solicitor who conducted the appeal under rule 20.6;

(u) disposing of an application to allow a devolution issue to be raised after the note of appeal has been lodged or answers to the note of appeal have been lodged under rule 22.2(3);

(v) making an order concerning the drafting and adjustment of a reference to the Inner House of the Court of Session or to the Supreme Court under rule 22.6(3);

(w) making and signing a reference under rule 22.6(6);

(x) ordering a sist under rule 22.7;

(y) ordering further procedure under rule 22.8;

(z) appointing a hearing under rule 24.2(5);

(aa) determining an application under rule 24.3;

(bb) making an order under rule 24.5;

(cc) ordering a party to provide further information under Chapter 26;

(dd) determining an application to use a live link under Chapter 27;

(ee) making an interim order under Chapter 28;

(ff) a hearing fixed under Chapter 30;

(gg) a hearing fixed by virtue of Chapter 31;

(hh) a hearing fixed under Chapter 33;

(ii) disposing of an application for authority to address the Court in Gaelic or to give oral evidence in Gaelic under paragraph 5 of this schedule;

(jj) any business where the Rules provide for that business to be disposed of by the procedural Appeal Sheriff.