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Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

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Appeals

72.—(1) An application for leave to appeal from a decision of the sheriff under the Act shall be made in writing to the sheriff clerk within 7 days of the making of the decision and shall specify the question of law upon which the appeal is to proceed.

(2) The sheriff may consider such an application without hearing parties unless it appears to him to be necessary to hold a hearing on the application in which case the sheriff clerk shall intimate the date, place and time of the hearing to the parties.

(3) Subject to section 103(2) of the Act, an appeal shall—

(a)be made by note of appeal written by the appellant on the written record containing the order appealed against or on a separate sheet lodged with the sheriff clerk;

(b)be as nearly as may be in the following terms—

“The applicant [or respondentor other] appeals to the sheriff principal/Court of Session”;

(c)be signed by the appellant or his representative and bear the date on which it is signed; and

(d)where appeal is made to the Court of Session, bear the name and address of the solicitors in Edinburgh who will be acting for the appellant.

(4) The appellant shall, at the same time as marking his appeal under paragraph (3) of this rule, intimate that he is doing so to the other parties.

(5) The sheriff shall, on an appeal being marked under paragraph (3) of this rule, state in writing the reasons for his original decision.

(6) Where an appeal is marked, the sheriff clerk shall transmit the process within 4 days to the sheriff principal or to the Deputy Principal Clerk of Session, as the case may be.

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