58.1.—(1) This Chapter applies to an application to the supervisory jurisdiction of the court.
(2) In this Chapter–
“the first hearing” means a hearing under rule 58.9;
“the second hearing” means a hearing under rule 58.10.
58.2. The following rules shall not apply to a petition to which this Chapter applies:–
rule 14.4 (form of petitions),
rule 14.5 (first order in petitions),
rule 14.9 (unopposed petitions).
58.3.—(1) Subject to paragraph (2), an application to the supervisory jurisdiction of the court, including an application under section 45(b) of the Act of 1988 (specific performance of statutory duty), shall be made by petition for judicial review.
(2) An application may not be made under paragraph (1) if that application is made, or could be made, by appeal or review under or by virtue of any enactment.
58.4. The court, in exercising its supervisory jurisdiction on a petition for judicial review, may–
(a)grant or refuse any part of the petition, with or without conditions;
(b)make such order in relation to the decision in question as it thinks fit, whether or not such order was sought in the petition, being an order that could be made if sought in any action or petition, including an order for reduction, declarator, suspension, interdict, implement, restitution, payment (whether of damages or otherwise) and any interim order;
(c)subject to the provisions of this Chapter, make such order in relation to procedure as it thinks fit.
58.5. A petition for judicial review shall be heard by a judge nominated by the Lord President for the purposes of this Chapter or, where such a judge is not available, any other judge of the court (including the vacation judge).
58.6.—(1) A petition for judicial review shall be in Form 58.6.
(2) The petitioner shall lodge with the petition all relevant documents in his possession and within his control.
(3) Where the petitioner founds in the petition on a document not in his possession or within his control, he shall append to the petition a schedule specifying the document and the person who possesses or has control over the document.
(4) Where the decision, act or omission in question and the basis on which it is complained of is not apparent from the documents lodged with the petition, an affidavit shall be lodged stating the terms of the decision, act or omission and the basis on which it is complained of.
58.7. On being lodged, the petition shall, without appearing in the Motion Roll, be presented forthwith to the Lord Ordinary in court or in chambers for–
(a)an order specifying–
(i)such intimation, service and advertisement as may be necessary;
(ii)any documents to be served with the petition;
(iii)a date for the first hearing, being a date not earlier than 7 days after the expiry of the period specified for intimation and service; or
(b)any interim order;
and, having heard counsel or other person having a right of audience, the Lord Ordinary may grant such an order.
58.8.—(1) A person to whom intimation of the first hearing has been made and who intends to appear–
(a)shall intimate his intention to do so to–
(i)the agent for the petitioner, and
(ii)the Keeper of the Rolls,
not less than 48 hours before the date of the hearing; and
(b)may lodge answers and any relevant documents.
(2) Any person not specified in the first order made under rule 58.7 as a person on whom service requires to be made may apply by motion for leave to enter the process; and if the motion is granted, the provisions of this Chapter shall apply to that person as they apply to a person specified in the first order.
58.9.—(1) At the first hearing, the Lord Ordinary shall–
(a)satisfy himself that the petitioner has duly complied with the first order made under rule 58.7; and
(b)hear the parties.
(2) After hearing the parties, the Lord Ordinary may–
(a)determine the petition; or
(b)make such order for further procedure as he thinks fit, and in particular may–
(i)adjourn or continue the first hearing to another date;
(ii)order service on a person not specified in the first order made under rule 58.7;
(iii)make any interim order;
(iv)order answers to be lodged within such period as he shall specify;
(v)order further specification in the petition or answers in relation to such matters as he shall specify;
(vi)order any fact founded on by a party at the hearing to be supported by evidence on affidavit to be lodged within such period as he shall specify;
(vii)order any party who appears to lodge such documents relating to the petition within such period as the Lord Ordinary shall specify;
(viii)appoint a reporter to report to him on such matters of fact as the Lord Ordinary shall specify; or
(ix)order a second hearing on such issues as he shall specify.
58.10.—(1) Where the Lord Ordinary orders a second hearing under rule 58.9(2)(b)(ix), the Keeper of the Rolls shall, in consultation with the Lord Ordinary and the parties, fix a date for the second hearing as soon as reasonably practicable.
(2) Subject to the terms of any order for further procedure made under rule 58.9(2)(b), the parties shall, not less than 7 days before the date of the second hearing, lodge all documents and affidavits to be founded on by them at the second hearing with copies for use by the court.
(3) At any time before the date of the second hearing, the Lord Ordinary my cause the petition to be put out for hearing on the By Order Roll for the purpose of obtaining such information from the parties as he considers necessary for the proper disposal of the petition at the hearing.
(4) At a hearing on the By Order Roll under paragraph (3), the Lord Ordinary may make such order as he thinks fit, having regard to all the circumstances, including an order appointing a commissioner to recover a document or take the evidence of a witness.
(5) At the second hearing, the Lord Ordinary may–
(a)adjourn the hearing;
(b)continue the hearing for such further procedure as he thinks fit; or
(c)determine the petition.