Amendment of the Rules of the Court of Session 19947

1

The Rules of the Court of Session 199421 are amended in accordance with this paragraph.

2

In rule 3.2(2)(b) (General Department), after “sheriff court” insert “and the Sheriff Appeal Court”.

3

In rule 40.1(2) (application and interpretation of this Chapter)22, for subparagraph (c) substitute—

c

inferior court means—

i

the Lyon Court;

ii

the Sheriff Appeal Court, in respect of an appeal under section 113(1) of the Act of 2014 or section 38(b) of the Sheriff Courts (Scotland) Act 197123;

iii

the sheriff principal, in respect of an appeal under section 114(1) of the Act of 2014;

d

any reference to leave to appeal includes permission to appeal in terms of section 113(1) of the Act of 2014.

4

In rule 40.21 (referral to family mediation in appeals from the sheriff court)24—

a

for “sheriff court” substitute “Sheriff Appeal Court”;

b

the heading of the rule becomes “Referral to family mediation in appeals from the Sheriff Appeal Court”.

5

In rule 41.1 (application and interpretation of this Chapter)25, for paragraph (1) substitute—

1

This Chapter applies to an appeal from any decision of a tribunal, unless one of the following Chapters applies—

a

Chapter 38 (reclaiming);

b

Chapter 39 (applications for new trial or to enter jury verdicts);

c

Chapter 40 (appeals from inferior courts).

6

In rule 41.37 (lodging of reports and statements with sheriff)26—

a

in paragraph (1)(a)—

i

for “(or as the case may be to the sheriff principal)” substitute “or the Sheriff Appeal Court”;

ii

for “him or her” substitute “the sheriff or the Sheriff Appeal Court”;

b

in paragraph (2)—

i

for “(or sheriff principal)” substitute “or the Sheriff Appeal Court”;

ii

after “sheriff clerk” in both places where it occurs, insert “or the Clerk of the Sheriff Appeal Court”.

7

In rule 41.52(4) (appeals to be heard in the Outer House)27, after subparagraph (f) insert—

fa

an appeal from the Sheriff Appeal Court;

8

In rule 70.1 (interpretation of this Chapter), in the definition of “relevant authority”—

a

after “a sheriff court,” insert “the Sheriff Appeal Court,”;

b

for “Part III of the Social Work (Scotland) Act 1968” substitute “the Children’s Hearings (Scotland) Act 201128”.