PART 1PRELIMINARY MATTERS

CHAPTER 1CITATION, COMMENCEMENT AND APPLICATION ETC.

Citation and commencement, etc.I11.1

1

This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Appeal Court Rules) 2021.

2

It comes into force on 6th January 2022.

3

A certified copy is to be inserted in the Books of Sederunt.

Annotations:
Commencement Information
I1

Para. 1.1 in force at 6.1.2022, see para. 1.1(2)

ApplicationI21.2

These Rules apply to any appeal or application made under chapters 6 and 29 to 33 of these Rules.

Annotations:
Commencement Information
I2

Para. 1.2 in force at 6.1.2022, see para. 1.1(2)

InterpretationI31.3

1

In this Act of Sederunt—

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

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

  • Chapter 7 procedure” has the meaning given by rule 7.1;

  • Chapter 8 procedure” has the meaning given by rule 8.1;

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

  • the Court” means the Sheriff Appeal Court;

  • grounds of appeal” is to be construed in accordance with rule 6.2(2)(b);

  • party litigant” has the meaning given by rule 4.1;

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

  • procedural hearing” means a hearing under rule 7.9 or rule 29.13;

  • sheriff court process” means—

    1. a

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

    2. 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 19804;

  • timetable” means a timetable in—

    1. a

      Form 7.2 issued under—

      1. i

        rule 6.12(5)(a);

      2. ii

        rule 7.2(1); or

      3. iii

        rule 7.3(4)(b); or

    2. b

      Form 29.5 issued under—

      1. i

        rule 29.5(1);

      2. ii

        rule 29.6(6)(a); or

      3. iii

        rule 29.6(7)(b).

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 29.2 or Form 29.14.

Annotations:
Commencement Information
I3

Para. 1.3 in force at 6.1.2022, see para. 1.1(2)

Computation of periods of timeI41.4

If any period of time specified in these Rules expires on a Saturday, Sunday or public or court holiday, it is extended to expire on the next day that the office of the Clerk is open for civil business.

Annotations:
Commencement Information
I4

Para. 1.4 in force at 6.1.2022, see para. 1.1(2)

Administrative provisionsI51.5

Schedule 1 makes provision about administrative arrangements for the Court, including its quorum.

Annotations:
Commencement Information
I5

Para. 1.5 in force at 6.1.2022, see para. 1.1(2)

FormsI61.6

1

Where there is a reference in these Rules to a form, it is a reference to that form in schedule 2.

2

Where these Rules require a form to be used, that form may be varied where the circumstances require it.