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Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Leave to Appeal) 2017

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Scottish Statutory Instruments

2017 No. 4

Court Of Session

Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Leave to Appeal) 2017

Made

10th January 2017

Laid before the Scottish Parliament

12th January 2017

Coming into force

7th February 2017

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.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 103(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 1994 Amendment) (Leave to Appeal) 2017.

(2) It comes into force on 7th February 2017.

(3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session 1994

2.—(1) The Rules of the Court of Session 1994(3) are amended in accordance with this paragraph.

(2) In the Appendix, in Form 40.2 (form of application for leave to appeal), for paragraph 4 substitute—

“

”

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

10th January 2017

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

Section 113 of the Courts Reform (Scotland) Act 2014 provides that an appeal may be taken to the Court of Session against a decision of the Sheriff Appeal Court constituting final judgment in civil proceedings but only with the permission of the Sheriff Appeal Court or, if that court has refused permission, with the permission of the Court of Session. Section 113(2) sets a statutory test which must be met before permission can be granted. This Act of Sederunt amends Form 40.2 of the Rules of the Court of Session to direct applicants to that statutory test when making an application to the Court of Session for permission to appeal a decision of the Sheriff Appeal Court.

(1)

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

(3)

The Rules of the Court of Session 1994 are in Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443, last amended by S.S.I. 2016/384).

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