SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 41APPEALS UNDER STATUTE

PART IIIAPPEALS IN FORM 41.19

Lodging of appeal in courtI141.20

1

Subject to F2paragraphs (2) and (3), the appeal shall be lodged in the General Department–

a

within the period prescribed by the enactment under which it is brought; or

b

where no such period is prescribed, within 42 days after–

i

the date on which the decision appealed against was intimated to the appellant; F3or

ii

where the tribunal issued a statement of reasons for its decision later than the decision, the date of intimation of that statement of reasons to the appellantF4.

F5iii

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F12

Where leave to appeal to the court has been granted by the tribunal under any of the following enactments, the appeal shall be lodged in the General Department within 42 days after the date on which the decision to grant leave was intimated to the appellant:—

a

section 25 of the Child Support Act 1991 (appeal from decision of a commissioner on a question of law with leave of the commissioner);

b

section 24 of the Social Security Administration Act 1992 (appeal from decision of a commissioner on a question of law with leave of the commissioner); and

c

section 9 of the Asylum and Immigration Appeals Act 1993 (appeal on a question of law from a final determination of an immigration appeals tribunal with leave of the tribunal).

3

Where an application for leave to appeal was made to the court within the period specified in paragraph (1)(b) but that period has expired before leave has been granted, the appeal may be lodged within 7 days after the date on which that leave was granted.

F64

There shall be lodged with the appeal under paragraph (1)–

a

a process in accordance with rule 4.4 (steps of process), unless an application has already been made to the court for leave to appeal;

b

where appropriate, evidence that leave to appeal has been granted by the tribunal;

c

the documents mentioned in rule 41.2(6)(c) and (d) (copies of decisions of tribunal) unless already lodged; and

d

such other documents founded on by the appellant so far as in his possession or within his control.