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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, Paragraph 4 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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Changes and effects yet to be applied to Schedule 1 Paragraph 4:
- 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)
Decrees, extracts and executionS
This section has no associated Policy Notes
4.—(1) In this paragraph, “decree” includes any order or interlocutor which may be extracted.
(2) A decree may be extracted at any time after whichever is the later of—
(a)the expiry of the period within which an application for leave to appeal may be made, if no such application is made;
(b)the date on which leave to appeal is refused, if there is no right to appeal from that decision;
(c)the expiry of the period within which an appeal may be made, if no such appeal is made; or
(d)the date on which an appeal is finally disposed of.
(3) A party may apply by motion to the procedural Appeal Sheriff to allow an extract to be issued earlier than a date referred to in sub-paragraph (2).
(4) Nothing in this paragraph affects the power of the Court to supersede extract.
(5) Where execution may follow on an extract decree, the decree is to include the warrant for execution specified in sub-paragraph (6).
(6) That warrant is “This extract is warrant for all lawful execution hereon.”.
(7) Where interest is included in, or payable under, a decree, the rate of interest is 8 per cent a year unless otherwise stated.
Commencement Information
I1Sch. 1 para. 4 in force at 6.1.2022, see para. 1.1(2)
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