Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
| Jurisdiction | UK Non-devolved |
| Citation | SSI 2015/419 |
| Year | 2015 |
2015No. 419
COURT OF SESSION
SHERIFF APPEAL COURT
SHERIFF COURT
8thDecember2015
10thDecember2015
In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013( 1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council with such modifications as it thinks appropriate.
The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 103(1) and 104(1) of the Courts Reform (Scotland) Act 2014( 2) and all other powers enabling it to do so.
Citation and commencement, etc.
1.-(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015.
(2) Subject to subparagraph (3), it comes into force on 1st January 2016.
(3) Paragraph 19 comes into force on 31st December 2015.
(4) A certified copy is to be inserted in the Books of Sederunt.
Amendment of the Act of Sederunt (Expenses of Party Litigants) 1976
2.-(1) The Act of Sederunt (Expenses of Party Litigants) 1976( 3) is amended in accordance with this paragraph.
(2) In rule 2 (expenses allowable to party litigants)-
(a) in paragraph (1)-
(i) after "the Court of Session", insert ", the Sheriff Appeal Court";
(ii) in subparagraph (a), omit "for that work under the table of fees for solicitors in judicial proceedings";
(b) in paragraph (3)-
(i) in subparagraph (a), after "the Court of Session" insert ", the Sheriff Appeal Court";
(ii) omit subparagraph (d).
Amendment of the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986
3.-(1) The Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986( 4) is amended in accordance with this paragraph.
(2) In rule 36 (appeals to the Sheriff Principal or Court of Session)-
(a) in paragraph (1)-
(i) omit "the Sheriff Principal or";
(ii) in subparagraph (b), for "the Sheriff Principal [or Court of Session]" substitute "the Court of Session";
(b) in paragraph (3), omit "Where the appeal is to the Court of Session,";
(c) in paragraph (4), for subparagraph (a) substitute-
"(a) transmit the process to the Deputy Principal Clerk of Session; and";
(d) the heading becomes "Appeals to the Court of Session".
(3) After rule 36, insert-
"Appeals to the Sheriff Appeal Court
36A. Where an appeal to the Sheriff Appeal Court is competent, it is to be made in accordance with Chapter 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 2015( 5).".
Amendment of the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988
4.-(1) The Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988( 6) is amended in accordance with this paragraph.
(2) In rule 72 (appeals)-
(a) in paragraph (3)-
(i) for "Subject to section 103(2) of the Act, an appeal shall-" substitute "An appeal to the Court of Session is to-";
(ii) in subparagraph (d), omit "where appeal is made to the Court of Session,";
(b) after paragraph (3), insert-
"(3A) An appeal to the Sheriff Appeal Court is to be made in accordance with Chapter 6 of the Act of Sederunt (Sheriff Appeal Court Rules) 2015( 7).";
(c) for paragraph (4) substitute-
"(4) When the appellant appeals to-
(a) the Court of Session in accordance with paragraph (3); or
(b) the Sheriff Appeal Court in accordance with paragraph (3A),
the appellant must at the same time intimate to the other parties that an appeal has been made.";
(d) for paragraph (5) substitute-
"(5) When an appeal is made, the sheriff is to issue a note stating the reasons for the decision appealed against.";
(e) omit paragraph (6).
Amendment of the Ordinary Cause Rules 1993
5.-(1) The Ordinary Cause Rules 1993( 8) are amended in accordance with this paragraph.
(2) In rule 1.3 (representation)( 9), omit paragraph (2).
(3) In rule 11.7 (retention and disposal of parts of process by sheriff clerk)-
(a) in paragraph (1)-
(i) for "marking" substitute "making";
(ii) for "marked" substitute "made";
(b) in paragraph (2), for "marked" substitute "made".
(4) In rule 11.8(1) (uplifting of productions from process), for "marked" in each place where it occurs substitute "made".
(5) In rule 26.1 (transfer to another sheriff court)( 10), omit paragraph (8).
(6) In rule 28.3A(9) (optional procedure where there is a party litigant)( 11), for "marked" substitute "made".
(7) For rule 29.19 (incidental appeal against rulings on confidentiality of evidence and production of documents) substitute-
"Rulings on admissibility of evidence: leave to appeal
29.19.
-(1) This rule applies where a party or any other person objects to-
(a) the admissibility of oral or documentary evidence on the ground of confidentiality;
(b) the production of a document on any ground.
(2) An application for leave to appeal against the decision of the sheriff on the objection must be made immediately.".
(8) In rule 30.4(1)(b)(iii) (when decrees extractable)( 12), for "marked" in each place where it occurs substitute "made".
(9) In rule 30.8(1) (date of decree in extract), for "sheriff principal" in each place where it occurs substitute "Sheriff Appeal Court".
(10) In Chapter 31 (appeals)( 13)-
(a) omit rule 31.1 (time limit for appeal);
(b) in rule 31.2 (applications for leave to appeal)( 14), omit paragraph (2);
(c) omit rule 31.2A (appeals in connection with interim diligence)( 15);
(d) omit rules 31.3 (form of appeal to Court of Session) to 31.8 (fixing of Options Hearing or making other order following appeal);
(e) in rule 31.9 (appeals in connection with orders under section 11 of the Children (Scotland) Act 1995 or aliment), for ", the sheriff principal or the Court of Session, as the case may be" substitute "or the Sheriff Appeal Court";
(f) in rule 31.10 (interim possession etc. pending appeal)-
(i) in paragraph (1), omit "or sheriff principal";
(ii) for paragraph (2) substitute-
"(2) An order made under paragraph (1) may be reviewed by the Sheriff Appeal Court.";
(g) omit rule 31.11 (abandonment of appeal).
(11) In rule 33.81 (simplified divorce applications: appeals)-
(a) the existing rule becomes paragraph (1);
(b) after that paragraph, insert-
"(2) Within 4 days after receiving an appeal, the sheriff clerk must transmit to the Clerk of the Sheriff Appeal Court-
(a) the appeal;
(b) all documents and productions in the simplified divorce application.
(3) On receipt of the appeal, the Clerk of the Sheriff Appeal Court is to fix a hearing and intimate the date, time and place of that hearing to the parties.".
(12) In rule 33.86(1)(a) (variation of Court of Session decrees: transmission of process)-
(a) for "marking" substitute "making";
(b) for "marked" substitute "made".
(13) In rule 33A.74 (simplified dissolution of civil partnership applications: appeals)-
(a) the existing rule becomes paragraph (1);
(b) after that paragraph, insert-
"(2) Within 4 days after receiving an appeal, the sheriff clerk must transmit to the Clerk of the Sheriff Appeal Court-
(a) the appeal;
(b) all documents and productions in the simplified dissolution of civil partnership application.
(3) On receipt of the appeal, the Clerk of the Sheriff Appeal Court is to fix a hearing and intimate the date, time and place of that hearing to the parties.".
(14) In rule 50.5 (access to a recording of a child)( 16), after paragraph (2) insert-
"(3) An application for leave to appeal against the decision of the sheriff on that motion must be made immediately.".
(15) Omit rule 50.6 (incidental appeal against rulings on access to a recording of a child)( 17).
(16) In Appendix 1 (forms), omit Form A1 (form of note of appeal to the sheriff principal)( 18).
Amendment of the Act of Sederunt (Summary Suspension) 1993
6.-(1) The Act of Sederunt (Summary Suspension) 1993( 19) is amended in accordance with this paragraph.
(2) In paragraph 2 (summary application for suspension of charge), for "section 5(5) of the Sheriff Courts (Scotland) Act 1907" substitute " section 38(2)(i) of the Courts Reform (Scotland) Act 2014( 20)".
(3) In paragraph 4 (objections), for "sheriff principal" substitute "Sheriff Appeal Court".
Amendment of the Rules of the Court of Session 1994
7.-(1) The Rules of the Court of Session 1994( 21) are amended in accordance with this paragraph.
(2) In rule 3.2(2)(b) (General Department), after "sheriff court" insert "and the Sheriff Appeal Court".
(3) In rule 40.1(2) (application and interpretation of this Chapter)( 22), for subparagraph (c) substitute-
"(c) inferior court means-
(i) the Lyon Court;
(ii) the Sheriff Appeal Court, in respect of an appeal under section 113(1) of the Act of 2014 or section 38(b) of the Sheriff Courts (Scotland) Act 1971( 23);
(iii) the sheriff principal, in respect of an appeal under section 114(1) of the Act of 2014;
(d) any reference to leave to appeal includes permission to appeal in terms of section 113(1) of the Act of 2014.".
(4) In rule 40.21 (referral to family mediation in appeals from the sheriff court)( 24)-
(a) for "sheriff court" substitute "Sheriff Appeal Court";
(b) the heading of the rule becomes "Referral to family mediation in appeals from the Sheriff Appeal Court".
(5) In rule 41.1 (application and interpretation of this Chapter)( 25), for paragraph (1) substitute-
"(1) This Chapter applies to an appeal from any decision of a tribunal, unless one of the following Chapters applies-
(a) Chapter 38 (reclaiming);
(b) Chapter 39 (applications for new trial or to enter jury verdicts);
(c) Chapter 40 (appeals from inferior courts).".
(6) In rule 41.37 (lodging of reports and statements with sheriff)( 26)-
(a) in paragraph (1)(a)-
(i) for "(or as the case may be to the sheriff principal)" substitute "or the Sheriff Appeal Court";
(ii) for "him or her" substitute "the...
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