Act of Sederunt (Sheriff Appeal Court Rules) 2021 No. 468

PART 3 S INITIATION AND PROGRESS OF AN APPEAL

CHAPTER 6 S INITIATION AND PROGRESS OF AN APPEAL

Application of this Chapter S

6.1.  This Chapter applies to an appeal against a decision of a sheriff in civil proceedings except—

(a) an application for a new trial under section 69(1) of the 2014 Act (see Chapter 29);

(b) an application to enter a jury verdict under section 71(2) of the 2014 Act (see Chapter 29);

(c) an appeal under section 38 of the Sheriff Courts (Scotland) Act 1971(1) (see Chapter 30);

(d) an appeal under section 82 of the 2014 Act (see Chapter 31);

(e) an appeal by stated case under section 163(1), 164(1), 165(1) or 167(1) of the Children’s Hearings (Scotland) Act 2011(2) (see Chapter 32);

(f) an appeal under section 38(3), [F1 46(3)] or 67(3) of the Age of Criminal Responsibility (Scotland) Act 2019(3) (see Chapter 33);

(g) an appeal against an interlocutor granting decree of divorce in a simplified divorce application (see rule 33.81 of the Ordinary Cause Rules 1993)(4);

(h) an appeal against an interlocutor granting decree of dissolution of civil partnership in a simplified dissolution of civil partnership application (see rule 33A.74 of the Ordinary Cause Rules 1993)(5).

Textual Amendments

F1 Word in rule 6.1(f) substituted (19.5.2022) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules Amendment) (Miscellaneous) 2022 (S.S.I. 2022/135), paras. 1(2), 3(2)

Commencement Information

I1 Para. 6.1 in force at 6.1.2022, see para. 1.1(2)

(1)

1971 c.58. Section 38 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 18(4). It was also partly repealed by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 6(2) which has effect subject to transitional provision specified in S.S.I. 2016/291.

(2)

2011 asp 1. Section 164 was amended by the Children (Scotland) Act 2020 (asp 16), section 26(3). Sections 163, 164, 165 and 167 are prospectively amended by the Children (Scotland) Act 2020, section 27(3) to (6).

(3)

2019 asp 7.

(4)

The Ordinary Cause Rules 1993 are in Schedule 1 of the Sheriff Courts (Scotland) Act 1907 (c.51). Schedule 1 was substituted by S.I. 1993/1956 and was last amended by S.S.I. 2021/226. Rule 33.81 was amended by S.S.I. 2015/419.

(5)

Rule 33A.74 was inserted by S.S.I. 2005/638 and amended by S.S.I. 2015/419.