Sheriff Courts (Scotland) Act 1907

Applications to interveneS

[F113A.3.(1)An application for leave to intervene shall be by way of minute of intervention in Form O7A and the CEHR shall–

(a)send a copy of it to all the parties; and

(b)lodge it in process, certifying that subparagraph (a) has been complied with.

(2)A minute of intervention shall set out briefly–

(a)the CEHR's reasons for believing that the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b)the issue in the proceedings which the CEHR wishes to address; and

(c)the propositions to be advanced by the CEHR and the CEHR's reasons for believing that they are relevant to the proceedings and that they will assist the sheriff.

(3)The sheriff may–

(a)refuse leave without a hearing;

(b)grant leave without a hearing unless a hearing is requested under paragraph (4);

(c)refuse or grant leave after such a hearing.

(4)A hearing, at which the applicant and the parties may address the court on the matters referred to in paragraph (6)(c), may be held if, within 14 days of the minute of intervention being lodged, any of the parties lodges a request for a hearing.

(5)Any diet in pursuance of paragraph (4) shall be fixed by the sheriff clerk who shall give written intimation of the diet to the CEHR and all the parties.

(6)The sheriff may grant leave only if satisfied that–

(a)the proceedings are relevant to a matter in connection with which the CEHR has a function;

(b)the propositions to be advanced by the CEHR are relevant to the proceedings and are likely to assist him; and

(c)the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.

(7)In granting leave the sheriff may impose such terms and conditions as he considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

(8)The sheriff clerk shall give written intimation of a grant or refusal of leave to the CEHR and all the parties.]