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.

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.

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.

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.

Where the Court grants permission, it may do so on such conditions as to expenses or otherwise as the Court thinks fit.

At the conclusion of the hearing, the Court may either give its decision orally or reserve judgment.

Where the Court reserves judgment, it must give its decision in writing within 28 days.

The President of the Sheriff Appeal Court may vary the period in paragraph (2).

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.

An application is to be made in Form 32.5.

Such an application must be lodged within 7 days after the date on which the Court gave its decision on the appeal.