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Act of Sederunt (Sheriff Appeal Court Rules) 2021
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Changes to legislation:
Act of Sederunt (Sheriff Appeal Court Rules) 2021, CHAPTER 3 is up to date with all changes known to be in force on or before 21 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 2 Chapter 3:
- Ch. 24 heading substituted by S.S.I. 2024/353 para. 3(2)(a)
- sch. 2 Form 24.4 para. 1 words substituted by S.S.I. 2024/353 para. 3(3)(b)(iii)
- sch. 2 Form 24.4 para. 3 words substituted by S.S.I. 2024/353 para. 3(3)(b)(iii)
- sch. 2 Form 24.4 para. 1 words substituted by S.S.I. 2024/353 para. 3(3)(b)(iv)
- rule 24.4(1)(1A) substituted for rule 24.4(1) by S.S.I. 2024/353 para. 3(2)(d)(i)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Ch. 24 heading substituted by S.S.I. 2024/353 para. 3(2)(a)
- sch. 2 Form 24.4 para. 1 words substituted by S.S.I. 2024/353 para. 3(3)(b)(iii)
- sch. 2 Form 24.4 para. 3 words substituted by S.S.I. 2024/353 para. 3(3)(b)(iii)
- sch. 2 Form 24.4 para. 1 words substituted by S.S.I. 2024/353 para. 3(3)(b)(iv)
- rule 24.4(1)(1A) substituted for rule 24.4(1) by S.S.I. 2024/353 para. 3(2)(d)(i)
CHAPTER 3SSANCTIONS FOR FAILURE TO COMPLY
Circumstances where a party is in defaultS
3.1. A party is in default if that party fails—
(a)to comply with the timetable;
(b)to implement an order of the Court within the period specified in the order;
(c)to appear or be represented at any hearing; or
(d)otherwise to comply with any requirement imposed on that party by these Rules.
Commencement Information
I1Para. 3.1 in force at 6.1.2022, see para. 1.1(2)
Sanctions where a party is in defaultS
3.2.—(1) This rule—
(a)applies where a party is in default;
(b)but does not apply where a party is in default because the party has failed to comply with rule 18.4(1).
(2) The Court may make any order to secure the expeditious disposal of the appeal.
(3) In particular, the Court may either—
(a)refuse the appeal, where the party in default is the appellant; or
(b)allow the appeal, if the condition in paragraph (4) is satisfied, where either—
(i)the party in default is the sole respondent; or
(ii)every respondent is in default.
(4) The condition is that the appellant must show cause why the appeal should be allowed.
Commencement Information
I2Para. 3.2 in force at 6.1.2022, see para. 1.1(2)
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