PART 7SPECIAL APPEAL PROCEEDINGS
CHAPTER 32APPEALS BY STATED CASE UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011
Application and interpretation of this ChapterI232.1
1
This Chapter applies to an appeal by stated case under section 163(1) (appeals to sheriff principal and Court of Session: children’s hearings etc.), 164(1) (appeals to sheriff principal and Court of Session: relevant persons), 165(1) (appeals to sheriff principal and Court of Session: contact and permanence orders) and 167(1) (appeals to sheriff principal: section 166) of the Children’s Hearings (Scotland) Act 201138.
2
In this Chapter, “parties” means the parties specified in rule 3.59(2) of the Act of Sederunt (Child Care and Maintenance Rules) 1997 (appeals: applications for stated case)39.
Transmission of appealI332.2
1
Within 4 days after the sheriff has signed the stated case, the sheriff clerk must—
a
send the parties a copy of the stated case;
b
transmit to the Clerk—
i
the stated case;
ii
all documents and productions in the case.
2
On receipt of the stated case, the Clerk must fix a hearing and intimate the date, time and place of that hearing to the parties.
Hearing of appealI432.3
1
At the hearing, a party may only raise questions of law or procedural irregularities of which notice has not been given if the Court permits the party to do so.
2
Where the Court grants permission, it may do so on such conditions as to expenses or otherwise as the Court thinks fit.
Determination of appealI532.4
1
At the conclusion of the hearing, the Court may either give its decision orally or reserve judgment.
2
Where the Court reserves judgment, it must give its decision in writing within 28 days.
3
The President of the Sheriff Appeal Court may vary the period in paragraph (2).
Leave to appeal to the Court of SessionI132.5
1
This rule applies to applications for leave to appeal to the Court of Session under sections 163(2), 164(2) or 165(2) of the Children’s Hearings (Scotland) Act 2011.
2
An application is to be made in Form 32.5.
3
Such an application must be lodged within 7 days after the date on which the Court gave its decision on the appeal.
4
On receipt of an application, the Clerk must—
a
fix a hearing to take place before the procedural Appeal Sheriff no later than 14 days after the application is received;
b
intimate the date, time and place of that hearing to the parties.