PART 1PRELIMINARY MATTERS
CHAPTER 1CITATION, COMMENCEMENT AND APPLICATION ETC.
Citation and commencement, etc.1.1
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.
Application1.2
These Rules apply to any appeal or application made under chapters 6 and 29 to 33 of these Rules.
Interpretation1.3
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—
- 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;
- a
“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—
- a
Form 7.2 issued under—
- i
rule 6.12(5)(a);
- ii
rule 7.2(1); or
- iii
rule 7.3(4)(b); or
- i
- b
Form 29.5 issued under—
- i
rule 29.5(1);
- ii
rule 29.6(6)(a); or
- iii
rule 29.6(7)(b).
- i
- a
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.
Computation of periods of time1.4
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.
Administrative provisions1.5
Schedule 1 makes provision about administrative arrangements for the Court, including its quorum.
Forms1.6
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.