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Act of Sederunt (Sheriff Appeal Court Rules) 2015

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Interpretation

1.2.—(1) In this Act of Sederunt—

“the 2014 Act” means the Courts Reform (Scotland) Act 2014;

“the Clerk” means the Clerk of the Sheriff Appeal Court;

“advocate” means a practising member of the Faculty of Advocates;

“the Court” means the Sheriff Appeal Court;

“grounds of appeal” has the meaning given by rule 6.2(2)(b);

“party litigant” has the meaning given by rule 4.1(2);

“procedural Appeal Sheriff” has the meaning given by paragraph 2(1) of Schedule 1;

“procedural hearing” means a hearing under rule 7.14 or rule 28.13;

“provisional procedural order” means an order under rule 6.6(1);

“sheriff court process” means—

(a)

the sheriff court process for the cause that is appealed to the Court; or

(b)

where the cause is recorded in an official book of the sheriff court, a copy of the record in that book certified by the sheriff clerk;

“sheriff’s note” means a note setting out the reasons for the decision appealed against;

“solicitor” means a person qualified to practise as a solicitor under section 4 of the Solicitors (Scotland) Act 1980(1);

“timetable” means a timetable in—

(a)

Form 7.2 issued under—

(i)

rule 7.2(1) (timetable in appeal);

(ii)

rule 7.6(5)(a) (recall of sist: issuing revised timetable); or

(iii)

rule 7.6(6)(b) (variation of timetable: issuing revised timetable); or

(b)

Form 28.5 issued under—

(i)

rule 28.5(1) (timetable in application for new trial);

(ii)

rule 28.6(6)(a) (recall of sist: issuing revised timetable); or

(iii)

rule 28.6(7)(b) (variation of timetable: issuing revised timetable).

(2) In relation to an application under section 69(1) or 71(2) of the 2014 Act—

“appeal” includes that application;

“appellant” includes the applicant;

“note of appeal” includes an application in Form 28.2 or Form 28.14.

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