Act of Sederunt (Sheriff Appeal Court Rules) 2015
2015No. 356
SHERIFF APPEAL COURT
Act of Sederunt (Sheriff Appeal Court Rules) 2015
21stOctober2015
23rdOctober2015
1stJanuary2016
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 section 14(7) of the Scottish Commission for Human Rights Act 2006( 2), section 104(1) of the Courts Reform (Scotland) Act 2014( 3) and all other powers enabling it to do so.
PART 1
PRELIMINARY MATTERS
CHAPTER 1
CITATION, COMMENCEMENT AND INTERPRETATION ETC.
Citation and commencement, etc.
1.1.-(1) This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Appeal Court Rules) 2015.
(2) It comes into force on 1st January 2016.
(3) A certified copy is to be inserted in the Books of Sederunt.
Interpretation
1.2.-(1) In this Act of Sederunt-
"the 2014 Act" means the Courts Reform (Scotland) Act 2014;
"the Clerk" means the Clerk of the Sheriff Appeal Court;
"advocate" means a practising member of the Faculty of Advocates;
"the Court" means the Sheriff Appeal Court;
"grounds of appeal" has the meaning given by rule 6.2(2)(b);
"party litigant" has the meaning given by rule 4.1(2);
"procedural Appeal Sheriff" has the meaning given by paragraph 2(1) of Schedule 1;
"procedural hearing" means a hearing under rule 7.14 or rule 28.13;
"provisional procedural order" means an order under rule 6.6(1);
"sheriff court process" means-
(a) the sheriff court process for the cause that is appealed to the Court; or(b) where the cause is recorded in an official book of the sheriff court, a copy of the record in that book certified by the sheriff clerk;"sheriff's note" means a note setting out the reasons for the decision appealed against;
"solicitor" means a person qualified to practise as a solicitor under section 4 of the Solicitors (Scotland) Act 1980( 4);
"timetable" means a timetable in-
(a) Form 7.2 issued under-(i) rule 7.2(1) (timetable in appeal);(ii) rule 7.6(5)(a) (recall of sist: issuing revised timetable); or(iii) rule 7.6(6)(b) (variation of timetable: issuing revised timetable); or(b) Form 28.5 issued under-(i) rule 28.5(1) (timetable in application for new trial);(ii) rule 28.6(6)(a) (recall of sist: issuing revised timetable); or(iii) rule 28.6(7)(b) (variation of timetable: issuing revised timetable).(2) In relation to an application under section 69(1) or 71(2) of the 2014 Act-
"appeal" includes that application;
"appellant" includes the applicant;
"note of appeal" includes an application in Form 28.2 or Form 28.14.
Computation of periods of time
1.3. If any period of time specified in these Rules expires on a Saturday, Sunday or public or court holiday, it is extended to expire on the next day that the office of the Clerk is open for civil business.
Administrative provisions
1.4. Schedule 1 makes provision about administrative arrangements for the Court, including its quorum.
Forms
1.5.-(1) Where there is a reference in these Rules to a form, it is a reference to that form in Schedule 2.
(2) Where these Rules require a form to be used, that form may be varied where the circumstances require it.
PART 2
GENERAL PROVISIONS
CHAPTER 2
RELIEF FOR FAILURE TO COMPLY
Relief for failure to comply with rules
2.1.-(1) The Court may relieve a party from the consequences of a failure to comply with a provision in these Rules.
(2) The Court may do so only where the party shows that the failure is due to-
(a) mistake;(b) oversight; or(c) any other excusable cause.(3) Where relief is granted, the Court may-
(a) impose conditions that must be satisfied before relief is granted;(b) make an order to enable the appeal to proceed as if the failure had not occurred.CHAPTER 3
SANCTIONS FOR FAILURE TO COMPLY
Circumstances where a party is in default
3.1. A party is in default if that party fails-
(a) to comply with the timetable;(b) to implement an order of the Court within the period specified in the order;(c) to appear or be represented at any hearing; or(d) otherwise to comply with any requirement imposed on that party by these Rules.Sanctions where a party is in default
3.2.-(1) This rule-
(a) applies where a party is in default; but(b) does not apply where a party is in default because the party has failed to comply with rule 17.4(1) (peremptory hearing).(2) The procedural Appeal Sheriff may make any order to secure the expeditious disposal of the appeal.
(3) In particular, the procedural Appeal Sheriff may-
(a) refuse the appeal, where the party in default is the appellant;(b) allow the appeal, if the condition in paragraph (4) is satisfied, where-(i) the party in default is the sole respondent; or(ii) every respondent is in default.(4) The condition is that the appellant must show cause why the appeal should be allowed.
CHAPTER 4
REPRESENTATION AND SUPPORT
Representation and support
4.1.-(1) A natural person who is a party to proceedings may appear and act on that party's behalf.
(2) That person is to be known as a party litigant.
(3) A party may be represented in any proceedings by-
(a) a legal representative (see rule 4.2); or(b) a lay representative (see rule 4.3).(4) A lay supporter (see rule 4.5) may assist a party litigant with the conduct of any proceedings.
Legal representation
4.2. A party is represented by a legal representative if that party is represented by an advocate or a solicitor.
Lay representation: applications
4.3.-(1) This rule does not apply where any other enactment makes provision for a party to a particular type of case to be represented by a lay representative.
(2) A party is represented by a lay representative if that party is represented by a person who is not a legal representative.
(3) A party litigant may apply to the Court for permission to be represented by a lay representative.
(4) An application is to be-
(a) made by motion;(b) accompanied by a document in Form 4.3 signed by the prospective lay representative.(5) The Court may grant an application only if it considers that it would assist its consideration of the appeal to do so.
(6) Where the Court grants permission, it may-
(a) do so in respect of one or more specified hearings;(b) withdraw permission of its own accord or on the motion of any party.Lay representation: functions, conditions and duties
4.4.-(1) A lay representative may represent a party at a specified hearing for the purpose of making oral submissions on behalf of the party.
(2) The party must appear along with the lay representative at any hearing where the lay representative is to make oral submissions.
(3) A party may show any document (including a court document) or communicate any information about the proceedings to that party's lay representative without contravening any prohibition or restriction on disclosure of the document or information.
(4) Where a document or information is disclosed under paragraph (3), the lay representative is subject to any prohibition or restriction on disclosure in the same way that the party is.
(5) A lay representative must not receive directly or indirectly from the party any remuneration or other reward for assisting the party.
(6) Any expenses incurred by a party in connection with a lay representative are not recoverable expenses in the proceedings.
Lay support: applications
4.5.-(1) A party litigant may apply to the Court for permission for a named person to assist the party litigant in the conduct of proceedings, and such a person is to be known as a lay supporter.
(2) An application is to be made by motion.
(3) The Court may refuse an application only if it is of the opinion that-
(a) the named person is an unsuitable person to act as a lay supporter (whether generally or in the proceedings concerned); or(b) it would be contrary to the efficient administration of justice to grant it.(4) The Court, if satisfied that it would be contrary to the efficient administration of justice for permission to continue, may withdraw permission-
(a) of its own accord;(b) on the motion of any party.Lay support: functions, conditions and duties
4.6.-(1) A lay supporter may assist a party by accompanying the party at hearings in court or in chambers.
(2) A lay supporter may, if authorised by the party, assist the party by-
(a) providing moral support;(b) helping to manage court documents and other papers;(c) taking notes of the proceedings;(d) quietly advising on-(i) points of law and procedure;(ii) issues which the party litigant might wish to raise with the Court.(3) A party may show any document (including a court document) or communicate any information about the proceedings to that party's lay supporter without contravening any prohibition or restriction on disclosure of the document or information.
(4) Where a document or information is disclosed under paragraph (3), the lay supporter is subject to any prohibition or restriction on disclosure in the same way that the party is.
(5) A lay supporter must not receive directly or indirectly from the party any remuneration or other reward for assisting the party.
(6) Any expenses incurred by a party in connection with a lay supporter are not recoverable expenses in the proceedings.
CHAPTER 5
INTIMATION AND LODGING ETC.
Interpretation of this Chapter
5.1.-(1) In this Chapter-
"first class post" means a postal service which seeks to deliver documents or other things by post no later than the next working day in all or the majority of cases;
"intimating party" means any party who has to give intimation in accordance with rule 5.2(1);
"receiving party" means any party to whom intimation is to be given in accordance with rule 5.2;
"recorded delivery" means a postal service which provides for the delivery of documents or other things by post to be recorded.
(2) Where this Chapter...
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