(1)Subject to the provisions of this Act, it shall be competent to appeal to the Court of Session against a judgment either of a [F2sheriff principal or sheriff] if the interlocutor appealed against is a final judgment or is an interlocutor—
(a)Granting interim decree for payment of money other than a decree for expenses; or
(b)Sisting an action; or
(c)Refusing a reponing note; or
(d)Against which the [F2sheriff principal or sheriff] either ex proprio motu or on the motion of any party, grants leave to appeal:
. . . F3
(2)Nothing in this section nor in section twenty-seven of this Act contained shall affect any right of appeal or exclusion of such right provided by any Act of Parliament in force for the time being.]
Textual Amendments
F1S. 28 substituted by Sheriff Courts (Scotland) Act 1913 (2 & 3 Geo. 5 c. 28), s. 2
F2Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
F3S. 28 proviso repealed by Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 2 Pt. II
Modifications etc. (not altering text)
C1S. 28 applied (1.5.2003) by 2000 asp 7, ss. 22(7), 26(6), 37(2) (with s. 31); S.S.I. 2003/74, art. 2(2)(b)