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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Changes and effects yet to be applied to Schedule 2 Part 3 Crossheading Appeals-under-statute-appeals-under-the-representation-of-the-people-act-1983:

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PART VIISAPPEALS UNDER THE REPRESENTATION OF THE PEOPLE ACT 1983
Application of this PartS

41.34.  This part applies to an appeal under section 56, as applied by section 57, of the Representation of the People Act 1983(1) (registration appeals).

Commencement Information

I1Sch. 2 rule 41.34 in force at 5.9.1994, see para. 1(1)

Form of appeal under this PartS

41.35.  An appeal to which this Part applies shall be made by stated case to which Part II (appeals by stated case etc.) shall apply subject to the following provisions of this Part.

Commencement Information

I2Sch. 2 rule 41.35 in force at 5.9.1994, see para. 1(1)

Consolidated appealsS

41.36.—(1) Where several persons have applied for a stated case and it appears to the sheriff that such applications, or any two or more of them, raise the same question of law, he may consolidate the appeals into one stated case and, where he does so, he shall–

(a)state in the case the reasons why he has consolidated the appeals; and

(b)name one of the appellants as the appellant.

(2) Where appeals have been consolidated under paragraph (1), the appellant named under paragraph (1)(b), on receiving the stated case from the sheriff clerk, shall send a copy of it to every other appellant on request.

Commencement Information

I3Sch. 2 rule 41.36 in force at 5.9.1994, see para. 1(1)

Hearing before Registration Appeal CourtS

41.37.—(1) On the stated case being lodged in accordance with rule 41.11, the appeal shall be put out for hearing before the Registration Appeal Court on the earliest available day.

(2) Rule 41.15 (motions for hearing of appeals) shall not apply to an appeal to which this Part applies.

Commencement Information

I4Sch. 2 rule 41.37 in force at 5.9.1994, see para. 1(1)

Decision of Registration Appeal CourtS

41.38.—(1) The Registration Appeal Court shall, in its decision, specify any alteration or correction to be made on the register in pursuance of such decision.

(2) The Deputy Principal Clerk shall send a copy of the decision of the Registration Appeal Court to the registration officer within 4 days after the date of the decision.

Commencement Information

I5Sch. 2 rule 41.38 in force at 5.9.1994, see para. 1(1)

(1)

1983 c. 2; section 56 was amended by the Representation of the People Act 1985 (c. 50), Schedule 2, paragraph 1, Schedule 4, paragraph 16 and Schedule 5.

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