- Latest available (Revised)
- Original (As made)
Act of Sederunt (Sheriff Appeal Court Rules) 2021
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
Act of Sederunt (Sheriff Appeal Court Rules) 2021, CHAPTER 12 is up to date with all changes known to be in force on or before 16 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 4 Chapter 12:
- 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)
CHAPTER 12SAPPLICATIONS FOR PERMISSION TO APPEAL TO THE COURT OF SESSION
Application of this ChapterS
12.1. This Chapter applies where a party seeks the permission of the Court to appeal to the Court of Session against a decision of the Court constituting final judgment in civil proceedings under section 113 of the 2014 Act (appeal from the Sheriff Appeal Court to the Court of Session).
Commencement Information
I1Para. 12.1 in force at 6.1.2022, see para. 1.1(2)
Applications for permission to appealS
12.2.—(1) An application to the Court for permission to appeal to the Court of Session is to be made in Form 12.2.
(2) Such an application must be lodged within 14 days after the date on which the Court gave its final judgment on the appeal.
(3) When an application is made, the Court must order the Clerk to either—
(a)fix a hearing and intimate the time and date of that hearing to the parties to the appeal; or
(b)intimate to parties that the application is to be considered on written submissions and specify the date by which such submissions are to be lodged.
(4) The application is, so far as reasonably practicable, to be considered by the Appeal Sheriff or Appeal Sheriffs who made the decision in respect of which permission to appeal is sought.
Commencement Information
I2Para. 12.2 in force at 6.1.2022, see para. 1.1(2)
Applications for leave to appealS
12.3.—(1) In any appeal to which section 113(4) of the Courts Reform (Scotland) Act 2014 applies and leave to appeal is required, a motion seeking leave of the Court must be lodged within 14 days after the date on which the Court gave its final judgment on the appeal.
(2) When such a motion is lodged, the Court must order the Clerk to either—
(a)fix a hearing and intimate the time and date of that hearing to the parties to the appeal; or
(b)intimate to parties that the motion is to be considered on written submissions and specify the date by which such submissions are to be lodged.
(3) The motion is, so far as reasonably practicable, to be considered by the Appeal Sheriff or Appeal Sheriffs who made the decision in respect of which leave to appeal is sought.
Commencement Information
I3Para. 12.3 in force at 6.1.2022, see para. 1.1(2)
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThis Chapter only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Policy Note
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.