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Act of Sederunt (Sheriff Appeal Court Rules) 2015

Type Scottish-Statutory-Instrument

Publication 2015-10-21

Last updated 2016-01-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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A copy of the reference is to be certified by the Clerk and sent to the Registrar of the European Court.

Sist of appeal

21.5

(1) When a reference is made, the Court is to sist the appeal until the European Court determines the reference, unless the Court orders otherwise.

(2) Where an appeal is sisted under paragraph (1), the Court may recall the sist for the purposes of making an interim order.

CHAPTER 22 — INTERVENTIONS BY CEHR AND SCHR

Application and interpretation of this Chapter

22.1

(1) This Chapter applies to—

(a) interventions in legal proceedings by the CEHR under section 30(1) of the Equality Act 2006[^f00022];

(b) interventions in civil proceedings (other than children’s hearing proceedings) by the SCHR under section 14(2) of the Scottish Commission for Human Rights Act 2006[^f00023].

(2) In this Chapter—

“the CEHR” means the Commission for Equality and Human Rights;

“the SCHR” means the Scottish Commission for Human Rights.

Applications to intervene

22.2

(1) An application for leave to intervene is to be made in Form 22.2.

(2) Such an application is to be lodged in the process of the appeal to which it relates.

(3) When an intervener lodges an application, rule 5.2(1) applies as if the intervener were a party.

(4) The parties may request a hearing on the application to intervene within 14 days after the application is lodged.

(5) Where a hearing is requested—

(a) the Court is to appoint a date and time for a hearing;

(b) the Clerk must notify the date and time of the hearing to the parties and the applicant.

(6) Where no hearing is requested, the Court may appoint a date and time for a hearing of its own accord and the Clerk must notify the date and time of the hearing to the parties and the applicant.

Applications to intervene: determination

22.3

(1) The Court may determine an application for leave to intervene without a hearing, unless a hearing is fixed under rule 22.2(5) or (6).

(2) In an application for leave to intervene under section 30(1) of the Equality Act 2006, the Court may grant leave only if it is satisfied that the proposed submissions are likely to assist the Court.

(3) Where the Court grants leave to intervene, it may impose any conditions that it considers desirable in the interests of justice.

(4) In particular, the Court may make provision about any additional expenses incurred by the parties as a result of the intervention.

(5) When an application is determined, the Clerk must notify the parties and the applicant of the outcome.

Invitations to intervene

22.4

(1) An invitation to intervene under section 14(2)(b) of the Scottish Commission for Human Rights Act 2006 is to be in Form 22.4.

(2) The Clerk must send a copy of Form 22.4 to the parties to the proceedings and to the SCHR.

(3) When the Clerk sends a copy of Form 22.4 to the SCHR, the Clerk must also send—

(a) a copy of the note of appeal and any answers to it;

(b) the appeal print, if it is available;

(4) Where the Court invites the SCHR to intervene, it may impose any conditions that it considers desirable in the interests of justice.

(5) In particular, the Court may make provision about any additional expenses incurred by the parties as a result of the intervention.

Form of intervention

22.5

(1) An intervention is to be by way of written submission.

(2) A written submission (including any appendices) must not exceed 5,000 words.

(3) The intervener must lodge the written submission within such time as the Court may direct.

(4) In exceptional circumstances, the Court may allow—

(a) a written submission exceeding 5,000 words to be made;

(b) an oral submission to be made.

(5) Where the Court allows an oral submission to be made, it is to appoint a date and time for the submission to be made.

(6) The Clerk must notify that date and time to the parties and the intervener.

CHAPTER 23 — PROOF

Taking proof in the course of an appeal

23.1

(1) If it is considered necessary, proof or additional proof may be ordered—

(a) by the procedural Appeal Sheriff at a procedural hearing;

(b) by the Court in the course of an appeal hearing.

(2) Where the procedural Appeal Sheriff orders that proof or additional proof is to be taken—

(a) the procedural Appeal Sheriff is to appoint a date and time for a hearing for that to be done;

(b) so far as reasonably practicable, the hearing is to be before the procedural Appeal Sheriff who made the order.

(3) Where the Court orders that proof or additional proof is to be taken, the Court is to—

(a) remit the proof to be taken before any Appeal Sheriff;

(b) appoint a date and time for a hearing for that to be done;

(4) Where a hearing is fixed under this rule, the Clerk must notify the date and time of the hearing to the parties.

Preparation for proof

23.2

(1) Where a proof or additional proof is ordered, the Appeal Sheriff before whom it is to be taken is to make an order specifying—

(a) the witnesses whose evidence is to be taken;

(b) how those witnesses are to be cited to the hearing.

(2) An order under paragraph (1) may include provision as to liability for the fees and expenses of a witness.

Conduct of proof

23.3

A proof is to be taken continuously so far as possible, but the Appeal Sheriff may adjourn the hearing from time to time.

Administration of oath or affirmation to witnesses

23.4

(1) The Appeal Sheriff is to administer the oath to a witness in Form 23.4-A unless the witness elects to affirm.

(2) Where a witness elects to affirm, the Appeal Sheriff is to administer the affirmation in Form 23.4-B.

Recording of evidence

23.5

(1) The evidence given at a hearing is to be recorded, unless the parties agree to dispense with the recording of evidence and the Appeal Sheriff considers that it is appropriate to do so.

(2) The evidence is to be recorded by—

(a) a shorthand writer to whom the oath de fideli administratione has been administered in connection with the Court; or

(b) by tape recording or other mechanical means approved by the Court.

(3) In the first instance, the solicitors for the parties are personally liable to pay, in equal shares—

(a) the fees of a shorthand writer; or

(b) the fee payable for recording evidence by tape recording or other mechanical means.

(4) The record of evidence is to include—

(a) any objection taken to a question or to the line of evidence;

(b) any submission made in relation to such an objection; and

Transcripts of evidence

23.6

(1) A transcript of the record of the evidence is to be made only where the Appeal Sheriff orders it to be made.

(2) In the first instance, the solicitors for the parties are personally liable, in equal shares, for the cost of making the transcript.

(3) The transcript provided for the use of the Court is to be certified as a faithful record of the evidence by—

(a) the shorthand writer who recorded the evidence; or

(b) where the evidence was recorded by tape recording or other mechanical means, by the person who transcribed the record.

(4) The Appeal Sheriff may alter the transcript where the Appeal Sheriff considers it necessary to do so, but only after hearing parties on the proposed alterations.

(5) Where the Appeal Sheriff alters the transcript, the Appeal Sheriff is to authenticate the alterations.

(6) The transcript may only be borrowed from process on cause shown.

(7) Where a transcript is required for the purpose of an appeal but the Appeal Sheriff has not directed that it be made—

(a) the appellant may request a transcript from the shorthand writer or the person in whose possession the recording of the evidence is;

(b) in the first instance, the solicitor for the appellant is liable for the cost of the transcript;

(d) any party may obtain a copy by paying the fee of the person who made the transcript.

Recording objections where recording of evidence dispensed with

23.7

Where the recording of evidence has been dispensed with under rule 23.5(1), a party may request that the Appeal Sheriff record in the report of the proof—

(a) any objection taken to a question or to the line of evidence;

(b) any submission made in relation to such an objection; and

CHAPTER 24 — VULNERABLE WITNESSES

Interpretation and application of this Chapter

24.1

(1) This Chapter applies where proof or additional proof is ordered to be taken under rule 23.1(1).

(2) In this Chapter—

“2004 Act” means the Vulnerable Witnesses (Scotland) Act 2004[^f00024];

“child witness notice” has the meaning given by section 12(2) of the 2004 Act;

“review application” means an application under section 13(1)(a) of the 2004 Act;

“vulnerable witness application” has the meaning given by section 12(6) of the 2004 Act.

Form of notices and applications

24.2

(1) A child witness notice is to be made in Form 24.2–A.

(2) A vulnerable witness application is to be made in Form 24.2–B.

(3) A review application is to be made—

(a) in Form 24.2–C; or

(b) orally, if the Court grants leave.

Determination of notices and applications

24.3

(1) When a notice or application under this Chapter is lodged, the Court may require any of the parties to provide further information before determining the notice or application.

(2) The Court may—

(a) determine the notice or application by making an order under section 12(1) or (6) or 13(2) of the 2004 Act without holding a hearing;

(b) fix a hearing at which parties are to be heard on the notice or application before determining it.

(3) The Court may make an order altering the date of the proof in order that the notice or application may be determined.

Determination of notices and applications: supplementary orders

24.4

Where the Court determines a notice or application under this Chapter and makes an order under section 12(1) or (6) or 13(2) of the 2004 Act, the Court may make further orders to secure the expeditious disposal of the appeal.

Intimation of orders

24.5

(1) Where the Court makes an order—

(a) fixing a hearing under rule 24.3(2)(b);

(b) altering the date of a proof or other hearing under rule 24.3(3); or

the Clerk is to intimate the order in accordance with this rule.

(2) Intimation is to be given to—

(a) every party to the proceedings; and

(b) any other person named in the order.

(3) Intimation is to be made—

(a) on the day that the hearing is fixed or the order is made;

(b) in the manner ordered by the Court.

Taking of evidence by commissioner: preparatory steps

24.6

(1) This rule applies where the Court authorises the special measure of taking evidence by a commissioner under section 19(1) of the 2004 Act.

(2) The commission is to proceed without interrogatories unless the Court otherwise orders.

(3) The order of the Court authorising the special measure is sufficient authority for citing the vulnerable witness to appear before the commissioner.

(4) The party who cited the vulnerable witness—

(a) must give the commissioner—

(i) a certified copy of the order of the Court appointing the commissioner;

(ii) a copy of the appeal documents;

(iii) where rule 24.7 applies, the approved interrogatories and cross-interrogatories;

(b) must instruct the clerk to the commission;

(5) The commissioner is to fix a hearing at which the commission will be carried out.

(6) The commissioner must consult the parties before fixing the hearing.

(7) An application by a party for leave to be present in the room where the commission is carried out is to be made by motion.

(8) In this rule, “appeal documents” means any of the following documents that have been lodged in process by the time the use of the special measure is authorised—

(a) the note of appeal and answers;

(b) where there is a cross appeal, the grounds of appeal and answers;

(d) the notes of argument.

Taking of evidence by commissioner: interrogatories

24.7

(1) This rule applies where the Court—

(a) authorises the special measure of taking evidence by a commissioner under section 19(1) of the 2004 Act; and

(b) orders that interrogatories are to be prepared.

(2) The party who cited the vulnerable witness must lodge draft interrogatories in process.

(3) Any other party may lodge cross-interrogatories.

(4) The parties may adjust their interrogatories and cross-interrogatories.

(5) At the expiry of the adjustment period, the parties must lodge the interrogatories and cross-interrogatories as adjusted in process.

(6) The Court is to resolve any dispute as to the content of the interrogatories and cross-interrogatories, and approve them.

(7) When the Court makes an order for interrogatories to be prepared, it is to specify the periods within which parties must comply with the steps in this rule.

Taking of evidence by commissioner: conduct of commission

24.8

(1) The commissioner is to administer the oath de fideli administratione to the clerk.

(2) The commissioner is to administer the oath to the vulnerable witness in Form 23.4-A unless the witness elects to affirm.

(3) Where the witness elects to affirm, the commissioner is to administer the affirmation in Form 23.4-B.

Taking of evidence by commissioner: lodging and custody of video record and documents

24.9

(1) The commissioner is to lodge the video record of the commission and any relevant documents with the Clerk.

(2) When the video record and any relevant document are lodged, the Clerk is to notify every party—

(a) that the video record has been lodged;

(b) whether any relevant documents have been lodged;

(3) The video record and any relevant documents are to be kept by the Clerk.

(4) Where the video record has been lodged—

(a) the name and address of the vulnerable witness and the record of the witness’s evidence are to be treated as being in the knowledge of the parties;

(b) the parties need not include—

(i) the name of the witness in any list of witnesses; or

(ii) the record of evidence in any list of productions.

CHAPTER 25 — USE OF LIVE LINKS

Interpretation

25.1

In this Chapter—

“evidence” means the evidence of—the party; ora person who has been or may be cited to appear before the court as a witness;

“live link” means—a live television link; orwhere the Court gives permission in accordance with rule 25.2(4), an alternative arrangement;

“submission” means any oral submission which would otherwise be made to the Court by a party or that party’s representative, including an oral submission in support of a motion.

Application for use of live link

25.2

(1) A party may apply to the Court to use a live link to make a submission or to give evidence.

(2) An application to use a live link is to be made by motion.

(3) Where a party seeks to use a live link other than a live television link, the motion must specify the proposed arrangement.

(4) The Court must not grant a motion to use a live link other than a live television link unless the proposed arrangement meets the requirements in paragraph (5).

(5) The requirements are that the person using the live link is able to—

(a) be seen and heard, or heard, in the courtroom; and

(b) see and hear, or hear, the proceedings in the courtroom.

CHAPTER 26 — REPORTING RESTRICTIONS

Interpretation and application of this Chapter

26.1

(1) This Chapter applies to orders which restrict the reporting of proceedings.

(2) In this Chapter, “interested person” means a person—

(a) who has asked to see any order made by the Court which restricts the reporting of proceedings, including an interim order; and

(b) whose name is included on a list kept by the Lord President for the purposes of this Chapter.

Interim orders: notification to interested persons

26.2

(1) Where the Court is considering making an order, the Court may make an interim order.

(2) Where the Court makes an interim order, the Clerk must immediately send a copy of the interim order to any interested person.

(3) The Court is to specify in the interim order why the Court is considering making an order.

Interim orders: representations

26.3

(1) Paragraph (2) applies where the Court has made an interim order.

(2) An interested person who would be directly affected by the making of an order is to be given an opportunity to make representations to the Court before the order is made.

(3) Representations are to—

(a) be made in Form 26.3;

(b) include reasons why an urgent hearing is necessary, if an urgent hearing is sought;

(c) be lodged no later than 2 days after the interim order is sent to interested persons in accordance with rule 26.2(2).

(4) If representations are made—

(a) the Court is to appoint a date and time for a hearing—

(i) on the first suitable court day; or

(ii) where the Court considers that an urgent hearing is necessary, at an earlier date and time;

(b) the Clerk must—

(i) notify the date and time of the hearing to the parties to the proceedings and any person who has made representations; and

(ii) send a copy of the representations to the parties.

(5) Where no interested person makes representations in accordance with paragraph (3), the Clerk is to put the interim order before the Court in chambers in order that the Court may resume consideration of whether to make an order.

(6) Where the Court, having resumed consideration, makes no order, it must recall the interim order.

(7) Where the Court recalls an interim order, the Clerk must immediately notify any interested person.

Notification of reporting restrictions

26.4

(1) Where the Court makes an order, the Clerk must immediately—

(a) send a copy of the order to any interested person;

(b) arrange for the publication of the making of the order on the Scottish Courts and Tribunals Service website.

Applications for variation or revocation

26.5

(1) A person aggrieved by an order may apply to the Court for its variation or revocation.

(2) An application is to be made in Form 26.5.

(3) When an application is made—

(a) the Court is to appoint a date and time for a hearing;

(b) the Clerk must—

(i) notify the date and time of the hearing to the parties to the proceedings and the applicant; and

(ii) send a copy of the application to the parties.

(4) The hearing is, so far as reasonably practicable, to be before the Appeal Sheriff or Appeal Sheriffs who made the order.

PART 7 — SPECIAL APPEAL PROCEEDINGS

CHAPTER 27 — ACCELERATED APPEAL PROCEDURE

Application of this Chapter

27.1

This Chapter applies to an appeal which has been appointed to proceed under the accelerated appeal procedure.

Hearing of appeal

27.2

The Clerk must fix a hearing and intimate the date and time of that hearing to parties when—

(a) a provisional procedural order appointing the appeal to the accelerated appeal procedure becomes final or is confirmed; or

(b) the Court makes an order appointing the appeal to the accelerated appeal procedure under rule 6.7(5)(b).

Application to remove appeal from accelerated appeal procedure

27.3

(1) The procedural Appeal Sheriff may—

(a) of the procedural Appeal Sheriff’s own accord; or

(b) on the application of any party,

order that an appeal is to proceed under the standard appeal procedure instead of the accelerated appeal procedure.

(1A) An application is to be made by motion.

(2) The procedural Appeal Sheriff may only make such an order if the procedural Appeal Sheriff is satisfied that, taking into account the matters in rule 6.6(3), it is no longer appropriate for the appeal to proceed under the accelerated appeal procedure.

(3) That order must appoint the appeal to proceed under the standard appeal procedure and specify—

(a) the procedure to be followed in the appeal;

(b) the periods for complying with each procedural step.

CHAPTER 28 — APPLICATION FOR NEW JURY TRIAL OR TO ENTER JURY VERDICT

Application of this Chapter

28.1

This Chapter applies to an application—

(a) for a new trial under section 69(1) of the 2014 Act;

(b) to enter a verdict under section 71(2) of the 2014 Act.

Form of application for new trial

28.2

(1) An application for a new trial is to be made in Form 28.2.

(2) Such an application must be made within 7 days after the date on which the jury have returned their verdict.

(3) The application must specify the grounds on which the application is made.

(4) When an application for a new trial is lodged, the party lodging it must also lodge—

(a) a print containing—

(i) the pleadings in the sheriff court process;

(ii) the interlocutors in the sheriff court process;

(iii) the issues and counter-issues;

(b) the verdict of the jury;

(d) a process made up in accordance with paragraph 4 of Schedule 1 (form of process).

Application for new trial: restrictions

28.3

(1) An application for a new trial which specifies the ground in section 69(2)(a) of the 2014 Act (misdirection by sheriff) may not be made unless the procedure in rule 36B.8 of the Ordinary Cause Rules 1993[^f00025] (exceptions to sheriff’s charge) has been complied with.

(2) An application for a new trial which specifies the ground in section 69(2)(b) of the 2014 Act (undue admission or rejection of evidence) may not be made unless objection was taken to the admission or rejection of evidence at the trial and recorded in the notes of evidence under the direction of the sheriff presiding at the trial.

(3) An application for a new trial which specifies the ground in section 69(2)(c) of the 2014 Act (verdict contrary to evidence) may not be made unless it sets out in brief specific numbered propositions the reasons the verdict is said to be contrary to the evidence.

Applications out of time

28.4

(1) An application to allow an application for a new trial to be lodged outwith the period specified in rule 28.2(2) is to be included in the application made under rule 28.2(1).

(2) Where the procedural Appeal Sheriff allows such an application, the application for a new trial is to be received on such conditions as to expenses or otherwise as the procedural Appeal Sheriff thinks fit.

Timetable in application for new trial

28.5

(1) The Clerk must issue a timetable in Form 28.5 when an application is lodged under rule 28.2(1).

(2) When the Clerk issues a timetable, the Clerk must also fix a procedural hearing to take place after completion of the procedural steps specified in paragraph (4).

(3) The timetable specifies—

(a) the dates by which parties must comply with those procedural steps;

(b) the date and time of the procedural hearing.

(4) The procedural steps are the steps mentioned in the first column of the following table, provision in respect of which is found in the rule mentioned in the second column—

Procedural step	Rule
Referral of question about competency of application	28.7(3)
Lodging of appendices to print	28.9(1)
Giving notice that the applicant considers appendix unnecessary	28.10(1)
Lodging of notes of argument	28.11(1)
Lodging of estimates of duration of hearing of application for new trial	28.12

Sist of application for new trial and variation of timetable

28.6

(1) Any party may apply by motion to—

(a) sist the application for a new trial for a specified period;

(b) recall a sist;

(2) An application is to be determined by the procedural Appeal Sheriff.

(3) An application to sist the application for a new trial or to vary the timetable may only be granted on special cause shown.

(4) The procedural Appeal Sheriff may—

(a) grant the application;

(b) refuse the application; or

(c) make an order not sought in the application, where the procedural Appeal Sheriff considers that doing so would secure the expeditious disposal of the appeal.

(5) Where the procedural Appeal Sheriff makes an order sisting the application for a new trial, the Clerk is to discharge the procedural hearing fixed under rule 28.5(2) (timetable: fixing procedural hearing).

(6) When a sist is recalled or expires, the Clerk is to—

(a) issue a revised timetable in Form 28.5;

(b) fix a procedural hearing.

(7) Where the procedural Appeal Sheriff makes an order varying the timetable, the Clerk is to—

(a) discharge the procedural hearing fixed under rule 28.5(2) (timetable: fixing procedural hearing);

(b) issue a revised timetable in Form 28.5;

Questions about competency of application

28.7

(1) A question about the competency of an application for a new trial may be referred to the procedural Appeal Sheriff by a party, other than the applicant.

(2) A question is referred by lodging a reference in Form 28.7.

(3) A question may be referred within 7 days after the date on which the application for a new trial was lodged.

(4) Where a reference is lodged, the Clerk is to fix a hearing and intimate the time and date of that hearing to the parties.

(5) Within 7 days after the date on which the reference is lodged, each party must lodge a note of argument.

(6) That note of argument must—

(a) give fair notice of the submissions the party intends to make on the question of competency;

(b) comply with the requirements in rule 28.11(3) (notes of argument).

(7) Paragraphs (4) and (5) of rule 28.11 apply to a note of argument lodged under paragraph (5).

Questions about competency: determination

28.8

(1) At a hearing on the competency of an application for a new trial, the procedural Appeal Sheriff may—

(a) refuse the application as incompetent;

(b) find the application to be competent;

(d) refer the question of competency to the Court.

(2) The procedural Appeal Sheriff may make an order as to the expenses of the reference.

(3) Where the question of competency is referred to the Court, it may—

(a) refuse the application as incompetent;

(b) find the application to be competent;

(4) The Court may make an order as to the expenses of the reference.

Appendices to print: contents

28.9

(1) The applicant must lodge an appendix to the print mentioned in rule 28.2(4)(a) no later than 7 days before the procedural hearing, unless rule 28.10(1) (giving notice that applicant considers appendix unnecessary) is complied with.

(2) The appendix is to contain—

(a) any document lodged in the sheriff court process that is founded upon in the application for a new trial;

(b) the notes of evidence from the trial, if it is sought to submit them for consideration by the Court.

(3) Where the sheriff’s note has not been included in the print and it subsequently becomes available, the applicant must—

(a) include it in the appendix where the appendix has not yet been lodged; or

(b) lodge a supplementary appendix containing the sheriff’s note.

(4) The parties must—

(a) discuss the contents of the appendix;

(b) so far as possible, co-operate in making up the appendix.

Appendices to print considered unnecessary

28.10

(1) Where the applicant considers that it is not necessary to lodge an appendix, the applicant must, no later than 7 days before the procedural hearing—

(a) give written notice of that fact to the Clerk;

(b) intimate that notice to every respondent.

(2) Where the applicant complies with paragraph (1), the respondent may apply by motion for an order requiring the applicant to lodge an appendix.

(3) An application under paragraph (2) must specify the documents or notes of evidence that the respondent considers should be included in the appendix.

(4) In disposing of an application under paragraph (2), the procedural Appeal Sheriff may—

(a) grant the application and make an order requiring the applicant to lodge an appendix;

(b) refuse the application and make an order requiring the respondent to lodge an appendix; or

(5) Where the procedural Appeal Sheriff makes an order requiring the applicant or the respondent to lodge an appendix, that order must specify—

(a) the documents or notes or evidence to be included in the appendix;

(b) the time within which the appendix must be lodged.

Notes of argument

28.11

(1) The parties must lodge notes of argument no later than 7 days before the procedural hearing.

(2) A note of argument must summarise briefly the submissions the party intends to develop at the hearing of the application for a new trial.

(3) A note of argument must—

(a) state, in brief numbered paragraphs, the points that the party intends to make;

(b) after each point, identify by means of a page or paragraph reference the relevant passage in any notes of evidence or other document on which the party relies in support of the point;

(i) state the proposition of law that the authority demonstrates;

(ii) identify the page or paragraph references for the parts of the authority that support the proposition;

(d) cite only one authority for each proposition of law, unless additional citation is necessary for a proper presentation of the argument.

(4) Where a note of argument has been lodged and the party lodging it subsequently becomes aware that an argument in the note is not to be insisted upon, that party must—

(a) give written notice of that fact to the Clerk;

(b) intimate that notice to every other party.

(5) Where a party wishes to advance an argument at a hearing that is not contained in that party’s note of argument, the party must apply by motion for leave to advance the argument.

Estimates of duration of hearing of application for new trial

28.12

The parties must lodge estimates of the duration of any hearing required to dispose of the application for a new trial in Form 28.12 not later than 7 days before the procedural hearing.

Procedural hearing

28.13

(1) At the procedural hearing, the procedural Appeal Sheriff is to ascertain the state of preparation of the parties, so far as reasonably practicable.

(2) The procedural Appeal Sheriff may—

(a) determine that parties are ready to proceed to a hearing of the application for a new trial; or

(b) determine that further procedure is required

(3) Where the procedural Appeal Sheriff determines that parties are ready to proceed—

(a) the procedural Appeal Sheriff is to fix a hearing of the application for a new trial;

(b) the Clerk is to intimate the date and time of that hearing to the parties;

(c) the procedural Appeal Sheriff may make an order specifying further steps to be taken by the parties before the hearing.

(4) Where the procedural Appeal Sheriff determines that further procedure is required, the procedural Appeal Sheriff—

(a) is to make an order to secure the expeditious disposal of the appeal;

(b) may direct the Clerk to fix a further procedural hearing and intimate the date and time of that hearing to parties.

Application to enter jury verdict

28.14

(1) This rule applies to an application under section 71(2) of the 2014 Act (verdict subject to opinion of the Court).

(2) Such an application is to be made in Form 28.14.

(3) When an application is lodged, the party lodging it must also lodge—

(a) a print containing—

(i) the pleadings in the sheriff court process;

(ii) the interlocutors in the sheriff court process;

(iii) the issues and counter-issues;

(b) the verdict of the jury;

(d) a process made up in accordance with paragraph 4 of Schedule 1 (form of process).

(4) Unless the procedural Appeal Sheriff otherwise directs—

(a) it is not necessary for the purposes of such a motion to print the notes of evidence; but

(b) the notes of the sheriff presiding at the trial may be produced at any time if required.

(5) The procedural Appeal Sheriff may refer an application referred to in paragraph (1) to the Court in cases of complexity or difficulty.

CHAPTER 29 — APPEALS FROM SUMMARY CAUSES AND SMALL CLAIMS

Application of this Chapter

29.1

This Chapter applies to an appeal under section 38 of the Sheriff Courts (Scotland) Act 1971[^f00026] arising from the decision of a sheriff in proceedings under—

(a) the Summary Cause Rules 2002[^f00027];

(b) the Small Claim Rules 2002[^f00028].

Transmission of appeal

29.2

(1) Within 4 days after the sheriff has signed the stated case, the sheriff clerk must transmit to the Clerk—

(a) the stated case;

(b) all documents and productions in the case.

(2) On receipt of the stated case, the Clerk is to fix a hearing and intimate the date, time and place of that hearing to the parties.

Transmission of appeal: time to pay direction

29.3

(1) Within 4 days after the sheriff states in writing the reasons for the sheriff’s original decision in accordance with rule 25.4(4) of the Summary Cause Rules 2002 or rule 23.4(4) of the Small Claim Rules 2002, the sheriff clerk must transmit to the Clerk—

(a) the appeal in Form 33 of the Summary Cause Rules 2002 or Form 22 of the Small Claim Rules 2002;

(b) the sheriff’s written reasons for the sheriff’s original decision.

(2) On receipt of those documents, the Clerk is to fix a hearing and intimate the date, time and place of that hearing to the parties.

Hearing of appeal

29.4

(1) The Court is to hear parties orally on all matters connected with the appeal, including liability for expenses.

(2) Any party may apply by motion for the question of liability for expenses to be heard after the Court gives its decision on the appeal.

(3) At the hearing, a party may only raise questions of law of which notice has not been given if the Court permits the party to do so.

(4) The Court may permit a party to amend any question of law or to add any new question of law.

(5) Where the Court grants permission under paragraph (3) or (4), it may do so on such conditions as to expenses or otherwise as the Court thinks fit.

Determination of appeal

29.5

(1) At the conclusion of the hearing, the Court may either give its decision orally or reserve judgment.

(2) Where the Court reserves judgment, it must give its decision in writing within 28 days.

(3) The Court may—

(a) adhere to or vary the decision appealed against;

(b) recall the decision and substitute another decision for it;

(4) The Court may not remit the matter to the sheriff in order that further evidence may be led.

Appeal to the Court of Session: certification

29.6

(1) This rule applies where the Court has determined an appeal arising from the decision of a sheriff in proceedings under the Summary Cause Rules 2002.

(2) An application under section 38(b) of the Sheriff Courts (Scotland) Act 1971 for a certificate that a cause is suitable for appeal to the Court of Session is to be made in Form 29.6.

(3) Such an application must be lodged within 14 days after the date on which the Court gave its decision on the appeal.

(4) An application may only be disposed of after the procedural Appeal Sheriff has heard parties on it.

CHAPTER 30 — APPEALS BY STATED CASE UNDER PART 15 OF THE CHILDREN’S HEARINGS (SCOTLAND) ACT 2011

Application and interpretation of this Chapter

30.1

(1) This Chapter applies to an appeal by stated case under section 163(1), 164(1), ... 165(1) and 167(1) of the Children’s Hearings (Scotland) Act 2011[^f00029].

(2) In this Chapter, “parties” means the parties specified in rule 3.59(2) of the Act of Sederunt (Child Care and Maintenance Rules) 1997[^f00030].

Transmission of appeal

30.2

(1) Within 4 days after the sheriff has signed the stated case, the sheriff clerk must transmit to the Clerk—

(a) the stated case;

(b) all documents and productions in the case.

(2) On receipt of the stated case, the Clerk is to fix a hearing and intimate the date, time and place of that hearing to the parties.

Hearing of appeal

30.3

(1) At the hearing, a party may only raise questions of law or procedural irregularities of which notice has not been given if the Court permits the party to do so.

(2) Where the Court grants permission, it may do so on such conditions as to expenses or otherwise as the Court thinks fit.

Determination of appeal

30.4

(1) At the conclusion of the hearing, the Court may either give its decision orally or reserve judgment.

(2) Where the Court reserves judgment, it must give its decision in writing within 28 days.

Leave to appeal to the Court of Session

30.5

(1) This rule applies to applications for leave to appeal to the Court of Session under section 163(2), 164(2) or 165(2) of the Children’s Hearings (Scotland) Act 2011.

(2) An application is to be made in Form 30.5.

(3) Such an application must be lodged within 7 days after the date on which the Court gave its decision on the appeal.

(4) On receipt of an application, the Clerk must—

(a) fix a hearing to take place before the procedural Appeal Sheriff no later than 14 days after the application is received;

(b) intimate the date, time and place of that hearing to the parties.

SCHEDULE 1 — ADMINISTRATIVE PROVISIONS

Quorum of the Court

1

(1) The quorum of the Court for the types of business specified in subparagraph (3) is one Appeal Sheriff.

(2) The quorum of the Court for any other business is three Appeal Sheriffs.

(3) The types of business are—

(a) disposing of an application for leave to receive an appeal out of time under rule 6.4(2);

(b) disposing of an application to abandon an appeal under rule 9.1;

(c) disposing of an application for permission to appeal to the Court of Session under rule 11.2(1), where the decision in respect of which permission to appeal is sought was made by one Appeal Sheriff;

(d) a peremptory hearing under rule 17.4;

(e) disposing of an application to ordain a party to lodge an account of expenses under rule 19.3(2);

(f) disposing of an application to allow a devolution issue to be raised after the note of appeal has been lodged or answers to the note of appeal have been lodged under rule 20.2(3);

(g) a hearing fixed under Chapter 27 (accelerated appeal procedure);

(h) a hearing fixed under Chapter 29 (appeals from summary causes and small claims);

(i) disposing of an application for authority to address the Court in Gaelic or to give oral evidence in Gaelic under paragraph 6 of this Schedule;

(j) any business where the Rules provide for that business to be disposed of by the procedural Appeal Sheriff.

Procedural Appeal Sheriff

2

(1) Every Appeal Sheriff is a procedural Appeal Sheriff.

(2) Where the Court considers it appropriate to do so, the Court may dispose of any business where the Rules provide for that business to be disposed of by the procedural Appeal Sheriff.

Signature of interlocutors etc.

3

(1) Any order made by the Court under these Rules is to be contained in an interlocutor.

(2) An interlocutor is to be signed in accordance with subparagraphs (3) to (5).

(3) Where the Court is constituted by more than one Appeal Sheriff when an order is made, the interlocutor is to be signed by—

(a) the Appeal Sheriff who presided over the Court when the order was made; or

(b) in the event of the death, disability or absence of that Appeal Sheriff, the next senior Appeal Sheriff who sat on that occasion, after such consultation with the other Appeal Sheriffs who sat as may be necessary.

(4) Where the Court is constituted by one Appeal Sheriff, the interlocutor is to be signed by that Appeal Sheriff.

(5) Where the Clerk determines an unopposed motion in writing in accordance with rule 12.7(1), the interlocutor is to be signed by the Clerk unless the procedural Appeal Sheriff directs otherwise.

(5A) The Clerk may sign any other interlocutor if directed to do so by the procedural Appeal Sheriff.

(5B) A direction under subparagraph (5A) need not be in writing.

(6) An interlocutor signed in accordance with subparagraphs (5) and (5A) is to be treated for all purposes as if it had been signed by an Appeal Sheriff.

(7) An extract of an interlocutor which is not signed in accordance with the provisions of this rule is void and has no effect.

(8) An interlocutor may, on cause shown, be corrected or altered at any time before extract by—

(a) the Appeal Sheriff who signed it;

(b) in the event of the death, disability or absence of that Appeal Sheriff, by any other Appeal Sheriff;

Form of process

4

(1) A process must include the following steps of process—

(a) an interlocutor file;

(b) a motion file;

(d) an inventory of process.

(2) Any document lodged with the Clerk is to be placed in the process.

Decrees, extracts and execution

5

(1) In this paragraph, “decree” includes any order or interlocutor which may be extracted.

(2) A decree may be extracted at any time after whichever is the later of—

(a) the expiry of the period within which an application for leave to appeal may be made, if no such application is made;

(b) the date on which leave to appeal is refused, if there is no right to appeal from that decision;

(d) the date on which an appeal is finally disposed of.

(3) A party may apply by motion to the procedural Appeal Sheriff to allow an extract to be issued earlier than a date referred to in subparagraph (2).

(4) Nothing in this paragraph affects the power of the Court to supersede extract.

(5) Where execution may follow on an extract decree, the decree is to include the warrant for execution specified in subparagraph (6).

(6) That warrant is “This extract is warrant for all lawful execution hereon”.

(7) Where interest is included in or payable under a decree, the rate of interest is 8 per cent a year unless otherwise stated.

Use of Gaelic

6

(1) This paragraph applies where the use of Gaelic by a party has been authorised by the sheriff in the proceedings out of which an appeal arises.

(2) That party may apply by motion for authority to address the Court in Gaelic at—

(a) an appeal hearing fixed under rule 7.14(3)(a); or

(b) a hearing under rule 29.4.

(3) Where proof or additional proof is ordered in accordance with rule 23.1 (taking proof in the course of an appeal) and that party wishes to give oral evidence in Gaelic, the party may apply by motion for authority to do so.

(4) Where the Court grants authority under paragraph (2) or (3), an interpreter is to be provided by the Court.

SCHEDULE 2 — FORMS

Signed

CJM Sutherland — Lord Justice Clerk — I.P.D. — 21st October 2015

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt (“the Rules”) makes provision about the procedure to be followed in appeals to the Sheriff Appeal Court in civil proceedings. Appeals may be made from a decision of the sheriff under section 110 of the Courts Reform (Scotland) Act 2014 (“the 2014 Act”) or under existing appeal provisions as modified by section 109. Additionally, applications for a new trial (section 69(1)) or to enter a jury verdict (section 71(2)) may be made to the Sheriff Appeal Court following a jury trial in the sheriff court. The Rules also make provision about appeals from summary causes and small claims under section 38 of the Sheriff Courts (Scotland) Act 1971.

The Rules come into force on 1st January 2016, when the Sheriff Appeal Court takes up its civil jurisdiction and competence.

Part 1 – preliminary matters

Part 1 makes provision about the commencement, citation and interpretation of the Rules. It also deals with the computation of time periods, administrative provisions and the forms to be used.

Part 2 – general provisions

Part 2 makes provision about general matters which apply to any proceedings under the Rules. Chapters 2 and 3 deal with failures to comply with the Rules, providing for applications for relief and sanctions respectively.

Chapter 4 deals with representation and support before the Sheriff Appeal Court. It contains provision about legal representation, applications for lay representation and support, and the functions, conditions and duties applicable to lay representatives and lay supporters.

Chapter 5 makes provision about intimation and lodging of documents, including provision for intimation and lodging by electronic means in certain circumstances.

Part 3 – initiation and progress of an appeal

Part 3 makes provision about how an appeal is to be brought, including specifying the form of the note appeal. Chapters 6 and 7 do not apply to applications for a new trial or to enter a jury verdict, or appeals from summary causes and small claims: bespoke provision is made instead in Part 7. Chapter 6 includes a mechanism for initial case management of appeals by the procedural Appeal Sheriff, with appeals being appointed to the standard appeal procedure in Chapter 7, or the accelerated appeal procedure in Chapter 27.

Chapter 7 sets out the standard appeal procedure. A timetable is issued, fixing a procedural hearing under rule 7.14 and regulating the dates by which parties must comply with various procedural steps. At the procedural hearing, the procedural Appeal Sheriff may fix an appeal hearing if parties are ready to proceed, or order further procedural steps to be taken.

Part 4 – disposal of an appeal

Part 4 makes provision about how an appeal may come to an end. Chapter 8 deals with applications to refuse an appeal due to delay, Chapter 9 deals with abandonment of an appeal, Chapter 10 provides for applications to remit an appeal to the Court of Session, and Chapter 11 concerns applications for permission to appeal to the Court of Session against a decision of the Sheriff Appeal Court.

Part 5 – incidental procedure: standard procedures

Part 5 makes provision about incidental procedure that is relatively commonly encountered in appeal proceedings. In particular, Chapters 12 to 14 deal with motions. Written motions may be made by email in accordance with Chapter 13, or by other means in accordance with Chapter 14. Chapter 15 makes provision about minutes, including specific rules for minutes of sist and transference (rule 15.5) and applications to enter process as a respondent where the appeal has not been intimated to that person (rule 15.6).

Chapter 16 provides that applications to amend pleadings are to be made by motion. This includes amendment of the sheriff court pleadings (rule 16.1) and amendment of the appeal documents (rule 16.2).

Chapter 17 sets out the procedure to be followed when a party’s solicitors withdraw from acting, including the fixing of a peremptory hearing so that the party’s intentions may be ascertained.

Chapter 18 makes provision about applications for caution and security.

Chapter 19 makes provision about expenses, including the possibility of applying for an additional fee (rule 19.2). Provision is also made for the payment of the expenses of a curator ad litem appointed to a respondent (rule 19.7).

Part 6 – incidental procedure: special procedures

Part 6 makes provision about more unusual forms of incidental procedure.

Chapter 20 sets out the procedure to be followed where a party wishes to raise a devolution issue for the first time in the course of an appeal.

Chapter 21 specifies how applications for a preliminary reference to the Court of Justice of the European Union are to be made, and how references are to be prepared and transmitted to that Court.

Chapter 22 concerns interventions by the Commission for Equality and Human Rights and the Scottish Commission for Human Rights. It makes provision about applications to intervene and about invitations to the Scottish Commission for Human Rights to intervene in proceedings.

Chapters 23 and 24 make provision about how proof may be taken by the Sheriff Appeal Court. Chapter 23 sets out the procedure for doing so, while Chapter 24 makes provision in terms of the Vulnerable Witnesses (Scotland) Act 2004 for the purposes of such a proof.

Chapter 25 deals with applications to make submissions or give evidence by live link.

Chapter 26 contains the procedure to be followed when the Sheriff Appeal Court is contemplating making an order which restricts the reporting of proceedings.

Part 7 – special appeal proceedings

Part 7 makes provision for appeals which do not follow the standard appeal procedure in Chapter 7.

Chapter 27 deals with appeals that are appointed to the accelerated appeal procedure. Instead of following the procedure in Chapter 7, an appeal hearing is fixed once the appeal has been appointed to the accelerated appeal procedure. The procedural Appeal Sheriff may remit an appeal to the standard appeal procedure if the procedural Appeal Sheriff considers that it is no longer appropriate for the accelerated appeal procedure to apply.

Chapter 28 applies to applications for a new trial under section 69(1) of the 2014 Act, or to enter a verdict under section 71(2). The procedure in Chapter 28 is closely related to that in Chapter 7, although rule 28.14 makes bespoke provision for applications under section 71(2).

Chapter 29 applies to appeals under section 38 of the Sheriff Courts (Scotland) Act 1971 (appeals arising from summary causes and small claims). A stated case is requested and prepared under the relevant provisions of the Act of Sederunt (Summary Cause Rules) 2002 or the Act of Sederunt (Small Claim Rules) 2002. It is then transmitted to the Sheriff Appeal Court (rule 29.2) and a hearing is fixed. Rule 29.4 specifies how such a hearing is to be conducted. A party who wishes to appeal the decision of the Sheriff Appeal Court (in a summary cause) must obtain a certificate that the cause is suitable for appeal to the Court of Session (rule 29.6).

Chapter 30 applies to appeals by stated case under Part 15 of the Children’s Hearings (Scotland) Act 2011. A stated case is requested and prepared under Part IX of Chapter 3 of the Act of Sederunt (Child Care and Maintenance Rules) 1997. It is then transmitted to the Sheriff Appeal Court (rule 30.2) and a hearing is fixed. Rule 30.3 specifies how such a hearing is to be conducted. A party who wishes to appeal the decision of the Sheriff Appeal Court must obtain leave to appeal to the Court of Session (rule 30.5).

Schedule 1 – administrative provisions

Schedule 1 contains administrative provisions about the Sheriff Appeal Court. In particular, paragraph 1 specifies the quorum of the Court for different types of business. The quorum is three Appeal Sheriffs, unless the business is of a type listed in subparagraph (3) when the quorum is one Appeal Sheriff.

Paragraph 2 specifies that every Appeal Sheriff is a procedural Appeal Sheriff, and that where the Rules provide for business to be dealt with by a procedural Appeal Sheriff, the Court may dispose of that business where it considers it appropriate to do so.

Paragraphs 3 to 5 contain technical provision about the signature of interlocutors, the form of process and decrees, extracts and execution.

Paragraph 6 makes provision for the use of Gaelic in certain circumstances.

Schedule 2 – forms

Schedule 2 contains the forms referred to in rule 1.5.

Footnotes

[^f00001]: 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).

[^f00002]: 2006 asp 16. Section 14 was amended by S.S.I. 2013/211.

[^f00003]: 2014 asp 18.

[^f00004]: 1980 c. 46.

[^f00005]: 1971 c. 58. Section 38 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 18(4), and is prospectively amended by S.S.I. 2015/xxxx, article xxxx.

[^f00006]: 2011 asp 1.

[^f00007]: 1995 c. 36. Section 11 was amended by the Family Law (Scotland) Act 2006 (asp 2), section 24; the Adoption and Children (Scotland) Act 2007 (asp 4), section 107, schedule 2, paragraph 9(2) and schedule 3, paragraph 1; the Human Fertilisation and Embryology Act 2008 (c. 22), Schedule 6, paragraph 52; S.S.I. 2001/36 and S.S.I 2005/42.

[^f00008]: 1995 c. 36. Section 11 was amended by the Family Law (Scotland) Act 2006 (asp 2), section 24; the Adoption and Children (Scotland) Act 2007 (asp 4), section 107, schedule 2, paragraph 9(2) and schedule 3, paragraph 1; the Human Fertilisation and Embryology Act 2008 (c. 22), Schedule 6, paragraph 52; S.S.I. 2001/36 and S.S.I 2005/42.

[^f00009]: 1995 c. 6.

[^f00010]: 1893 c. 44, amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (c. 42), section 6(2); the Sheriff Courts (Scotland) Act 1971 (c. 58), section 4 and Schedule 1, paragraph 1; the Statute Law (Repeals) Act 1986, Schedule 1, Part 1, Group 4 and Schedule 2, paragraph 1; and S.I. 1974/1274, article 3(4) and Schedule 1. The Act is prospectively applied to the Sheriff Appeal Court by S.S.I. 2015/xxxx, Schedule, paragraph 1.

[^f00011]: 2000 c. 8. Section 31 was amended by the Financial Services Act 2012 (c. 21), section 11(1).

[^f00012]: 1985 c. 66. Section 7 was last amended by the Policing and Crime Act 2009 (c. 26), Schedule 7, paragraph 47.

[^f00013]: 1986 c. 45. Section 1(1) was amended by the Enterprise Act 2002 (c. 40), Schedule 17, paragraph 10.

[^f00014]: S.S.I. [xxx/xxxx].

[^f00015]: 1998 c. 46.

[^f00016]: 1998 c. 47.

[^f00017]: 2006 c. 32.

[^f00018]: OJ C 326, 26.10.2012, p. 47.

[^f00019]: 1982 c. 27. Schedule 2 was substituted by S.I. 2000/1824.

[^f00020]: 1990 c. 36. Schedule 3 was amended by S.I. 2011/1043.

[^f00021]: OJ C 338, 6.11.2012, p. 1.

[^f00022]: 2006 c. 3.

[^f00023]: 2006 asp 13. Section 14 was amended by S.S.I. 2013/211, Schedule 1, paragraph 16.

[^f00024]: 2004 asp 3, amended by the Children’s Hearings (Scotland) Act 2011 (asp 1), section 176 and Schedule 6, paragraph 1; and the Victims and Witnesses (Scotland) Act 2014 (asp 1), section 22.

[^f00025]: The Ordinary Cause Rules 1993 are in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c. 51). Schedule 1 was substituted by S.I. 1993/1956 and last amended by S.S.I. 2015/312.

[^f00026]: 1971 c. 58. Section 38 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 18(4) and is prospectively modified by S.S.I. 2015/[xxxx], article [xx].

[^f00027]: The Summary Cause Rules 2002 are in Schedule 1 to the Act of Sederunt (Summary Cause Rules) 2002 (S.S.I. 2002/132, last amended by S.S.I. 2015/283).

[^f00028]: The Small Claim Rules 2002 are in Schedule 1 to the Act of Sederunt (Small Claim Rules) 2002 (S.S.I. 2002/133, last amended by S.S.I. 2015/283).

[^f00029]: 2011 asp 1. There are amendments to Part 15 which are not relevant to this Act of Sederunt.

Sanction for the employment of counsel

19.2A

(1) The Court may grant sanction for the employment of counsel to carry out the types of work specified in paragraph (3)—

(a) of the Court’s own accord; or

(b) on the application of any party.

(2) An application is to be made by motion.

(3) The types of work are—

(a) appearing at any hearing;

(b) preparing any document that is to be lodged in relation to the appeal.

(4) Sanction may be granted before or after the work for which it is sought has been carried out.

(5) A refusal to grant sanction before work is carried out does not prevent sanction being granted for that work after it has been carried out.

(6) In granting sanction, the Court may also—

(a) grant sanction for more than one person to carry out the work;

(b) impose any restrictions.

Order to lodge account of expenses

Procedure for taxation of expenses

Objections to taxed account

Decree for expenses in name of solicitor

Expenses of curator ad litem appointed to a respondent

Form 4.3

Form 6.2

Form 6.5

Form 6.7

Form 7.2

Form 7.3

Form 7.7

Form 7.13

Form 11.2

Form 13.1

Form 13.2

Form 14.1

Form 14.2

Form 17.3

Form 20.2

Form 21.3

Form 22.2

Form 22.4

Form 23.4–A

Form 23.4–B

Form 24.2–A

Form 24.2–B

Form 24.2–C

Form 26.3

Form 26.5

Form 28.2

Form 28.5

Form 28.7

Form 28.12

Form 28.14

Form 29.6

Form 30.5

Editorial notes

[^key-e5f8c2e22c3ee5a983da8c99b68dbf61]: Sch. 2 in force at 1.1.2016, see rule 1.1(2)

[^key-02696594a2967a6d1cf4996e98846611]: Sch. 1 para. 3 in force at 1.1.2016, see rule 1.1(2)

[^key-c6f656ec3c0fbd7680117dd2d4c69b30]: Sch. 1 para. 5 in force at 1.1.2016, see rule 1.1(2)

[^key-f5766a32afff84dff4f0dec2a0c211fd]: Sch. 1 para. 1 in force at 1.1.2016, see rule 1.1(2)

[^key-0deff313a47b76b1514078a6316cc875]: Sch. 1 para. 4 in force at 1.1.2016, see rule 1.1(2)

[^key-061fb4936410a97214cee4ba84c255a3]: Rule 5.6 in force at 1.1.2016, see rule 1.1(2)

[^key-d257f16260e41f8a539432f9a48f2579]: Rule 6.1 in force at 1.1.2016, see rule 1.1(2)

[^key-9b9929e00784caee459aa4e8ccb8f1b7]: Rule 7.3 in force at 1.1.2016, see rule 1.1(2)

[^key-6055ba1971a7f15b2baa3b6540b08cf8]: Rule 7.9 in force at 1.1.2016, see rule 1.1(2)

[^key-e088fcea0f2db198535221df0e508d1f]: Rule 13.4 in force at 1.1.2016, see rule 1.1(2)

[^key-f5938cc5ea60aa36c91bab0f5c7b48b9]: Rule 24.6 in force at 1.1.2016, see rule 1.1(2)

[^key-1b35e61d41efb2bcf47c1d920e2207ee]: Rule 27.3 in force at 1.1.2016, see rule 1.1(2)

[^key-9a70ab4b557ef1f354d079235736c387]: Rule 28.2 in force at 1.1.2016, see rule 1.1(2)

[^key-a3660c17ab2cb4bb40eeafb3807b9d44]: Rule 28.14 in force at 1.1.2016, see rule 1.1(2)

[^key-e6655380263e87921c1eec92bb906390]: Rule 30.1 in force at 1.1.2016, see rule 1.1(2)

[^key-fb28de88c287f0ba7af8e58cdbc41157]: Rule 6.2 in force at 1.1.2016, see rule 1.1(2)

[^key-6ee4d3fc63f724d1f716a106333dd4cc]: Rule 6.7 in force at 1.1.2016, see rule 1.1(2)

[^key-2540727decd78ca3d8e59420ef3e7e45]: Rule 7.15 in force at 1.1.2016, see rule 1.1(2)

[^key-23156a7c44016c1818fab7c620ebd750]: Rule 29.2 in force at 1.1.2016, see rule 1.1(2)

[^key-1eba4c6e2169fa11d528bc4f7b8cb62c]: Rule 29.3 in force at 1.1.2016, see rule 1.1(2)

[^key-0a073bd9f49f7a1ae17edb1f33565d65]: Rule 30.2 in force at 1.1.2016, see rule 1.1(2)

[^key-9ccb0c48dc8232f2dbf8928928b8b9c1]: Rule 18.8 in force at 1.1.2016, see rule 1.1(2)

[^key-984a79abcc80ac99724642e69ea0598c]: Rule 29.1 in force at 1.1.2016, see rule 1.1(2)

[^key-8abd1280c7b43679de8b132ee702f5c6]: Rule 4.3 in force at 1.1.2016, see rule 1.1(2)

[^key-413990bade395eef6955f91ad48167fd]: Rule 4.4 in force at 1.1.2016, see rule 1.1(2)

[^key-f46411c9eb99789a724fb099d668268e]: Rule 19.2 in force at 1.1.2016, see rule 1.1(2)

[^key-3b3fa5f4edbda5106223925e33a589b5]: Rule 19.3 in force at 1.1.2016, see rule 1.1(2)

[^key-8a8d849ed20f7e4ef7dc0db7f743f648]: Rule 19.4 in force at 1.1.2016, see rule 1.1(2)

[^key-b3c2a6a121f776f8c2d02aa19a8aa917]: Rule 19.5 in force at 1.1.2016, see rule 1.1(2)

[^key-a9f6851aecef499faa950f786deb9ac5]: Rule 26.2 in force at 1.1.2016, see rule 1.1(2)

[^key-1e3ef5504550b57c6ee894740fba7710]: Rule 26.3 in force at 1.1.2016, see rule 1.1(2)

[^key-2fd539696310db2a28cca6407ea32b5a]: Sch. 1 para. 2 in force at 1.1.2016, see rule 1.1(2)

[^key-24b2bb817e0cd8ea299c49a18d6c3f4c]: Sch. 1 para. 6 in force at 1.1.2016, see rule 1.1(2)

[^key-61df099d0bdc955b008ee80cbfeefa2b]: Rule 1.1 in force at 1.1.2016, see rule 1.1(2)

[^key-d8c68308e172dd769703a86507f5c3bd]: Rule 1.2 in force at 1.1.2016, see rule 1.1(2)

[^key-7d361c780bfed34c119c3101551323c7]: Rule 1.3 in force at 1.1.2016, see rule 1.1(2)

[^key-da6ff027b8001732655fdf2a19e093e4]: Rule 1.4 in force at 1.1.2016, see rule 1.1(2)

[^key-2b44e0f7b603b454016fcbd70cadff70]: Rule 1.5 in force at 1.1.2016, see rule 1.1(2)

[^key-e5c9fd9fa5f32adce106e396e1f751af]: Rule 2.1 in force at 1.1.2016, see rule 1.1(2)

[^key-24067c37b395340a1f5f03adad5edab6]: Rule 3.1 in force at 1.1.2016, see rule 1.1(2)

[^key-b017ef6aef7a80200f019ba38ca7e61d]: Rule 3.2 in force at 1.1.2016, see rule 1.1(2)

[^key-a45bc9b5f415c235a9cedd90eefe40a5]: Rule 4.1 in force at 1.1.2016, see rule 1.1(2)

[^key-a9fd4e283c98ad3d358573cfc8527250]: Rule 4.2 in force at 1.1.2016, see rule 1.1(2)

[^key-356f717a848b0b65ab124008c6fc58b7]: Rule 4.5 in force at 1.1.2016, see rule 1.1(2)

[^key-dcd0496f55dbc5d7914dc1b387b42af9]: Rule 4.6 in force at 1.1.2016, see rule 1.1(2)

[^key-c94bc22558df5a3fc45ca10b42751478]: Rule 5.1 in force at 1.1.2016, see rule 1.1(2)

[^key-0157197a7e1e338e48e7a4aa23decbec]: Rule 5.2 in force at 1.1.2016, see rule 1.1(2)

[^key-fcc0f4ca760e26da3508bc065e416cf0]: Rule 5.3 in force at 1.1.2016, see rule 1.1(2)

[^key-8bdf09349de5d7071e10f81503de6c99]: Rule 5.4 in force at 1.1.2016, see rule 1.1(2)

[^key-72e07f334b09f91f9baeaaa16a256746]: Rule 5.5 in force at 1.1.2016, see rule 1.1(2)

[^key-9523f16355568395612ef4389537a869]: Rule 5.7 in force at 1.1.2016, see rule 1.1(2)

[^key-a0be2bb1fb75c9def97360795b502ad3]: Rule 6.3 in force at 1.1.2016, see rule 1.1(2)

[^key-b52120375fdd0ca4d19a71cfb2c905bc]: Rule 6.4 in force at 1.1.2016, see rule 1.1(2)

[^key-a9710d7497ee6d1b8fe11fffb165bfb9]: Rule 6.5 in force at 1.1.2016, see rule 1.1(2)

[^key-985484385de177855e09da5b0cbcd1e8]: Rule 6.6 in force at 1.1.2016, see rule 1.1(2)

[^key-5d1fba7fb4de50cdf0a0ecb787b0e192]: Rule 7.1 in force at 1.1.2016, see rule 1.1(2)

[^key-f469e450bcf1d9e96f5821f540e049f8]: Rule 7.2 in force at 1.1.2016, see rule 1.1(2)

[^key-d6bfd04c3b3aff26d5befad6207d20eb]: Rule 7.4 in force at 1.1.2016, see rule 1.1(2)

[^key-8db11cb58f2bdd21f2973fb24da5207c]: Rule 7.5 in force at 1.1.2016, see rule 1.1(2)

[^key-a912f04f09a17a3efe7be4736a8f9739]: Rule 7.6 in force at 1.1.2016, see rule 1.1(2)

[^key-e4c29fafaf8aafde9a7e0e37e448ce2f]: Rule 7.7 in force at 1.1.2016, see rule 1.1(2)

[^key-5fb1a8171e3c8555033b87d9d8b9797d]: Rule 7.8 in force at 1.1.2016, see rule 1.1(2)

[^key-a5a71049822cb0d60a4220f2633fe3c9]: Rule 7.10 in force at 1.1.2016, see rule 1.1(2)

[^key-83194f22c052faac6f5ef92cbb891275]: Rule 7.11 in force at 1.1.2016, see rule 1.1(2)

[^key-c929d6cba5a59503750b707cb13ea2dc]: Rule 7.12 in force at 1.1.2016, see rule 1.1(2)

[^key-4df834875811776a203426adde5b18ea]: Rule 7.13 in force at 1.1.2016, see rule 1.1(2)

[^key-fb4991de74a8f4e9c040daa23470dbe0]: Rule 7.14 in force at 1.1.2016, see rule 1.1(2)

[^key-531ec1858139be84c3d2fa81892840ae]: Rule 7.16 in force at 1.1.2016, see rule 1.1(2)

[^key-176d965477e696cdd64887d6495969cf]: Rule 7.17 in force at 1.1.2016, see rule 1.1(2)

[^key-ec595b04c0b276087cfb70d8493314b5]: Rule 8.1 in force at 1.1.2016, see rule 1.1(2)

[^key-4b0c0a8ba94a1b34da838391252db5d2]: Rule 8.2 in force at 1.1.2016, see rule 1.1(2)

[^key-aa4d7ca5e300a92c4181211500140582]: Rule 9.1 in force at 1.1.2016, see rule 1.1(2)

[^key-1f9336526b77e3b81fad0c871a23494f]: Rule 10.1 in force at 1.1.2016, see rule 1.1(2)

[^key-8b9786fe4506824bb2b95f06aa0734ed]: Rule 11.1 in force at 1.1.2016, see rule 1.1(2)

[^key-9f1a7ce46e85f4ca9a834bc70a858d0d]: Rule 11.2 in force at 1.1.2016, see rule 1.1(2)

[^key-d251a79e739fe41042e0580e5e09247b]: Rule 12.1 in force at 1.1.2016, see rule 1.1(2)

[^key-d6263a6414a99a52a3394fa3126c5dbb]: Rule 12.2 in force at 1.1.2016, see rule 1.1(2)

[^key-7e6989f9c268436b8b3748b0bcf1b779]: Rule 12.3 in force at 1.1.2016, see rule 1.1(2)

[^key-8e7396918dd87946c9b29439b1d3c202]: Rule 12.4 in force at 1.1.2016, see rule 1.1(2)

[^key-25c3c6f6c48b182412d68f0bf37ddbb0]: Rule 12.5 in force at 1.1.2016, see rule 1.1(2)

[^key-2707f73be68681aae2a484b7cbd4ba15]: Rule 12.6 in force at 1.1.2016, see rule 1.1(2)

[^key-0a46c45ef93ec99e442c9a82378b3f47]: Rule 12.7 in force at 1.1.2016, see rule 1.1(2)

[^key-73725ff608a1347d534444876d0eee29]: Rule 12.8 in force at 1.1.2016, see rule 1.1(2)

[^key-6a3daea56cb5424e4c0b640cb32349f4]: Rule 13.1 in force at 1.1.2016, see rule 1.1(2)

[^key-e671c944b3c22d426172942d764e6a92]: Rule 13.2 in force at 1.1.2016, see rule 1.1(2)

[^key-1c3dba756c6cb2918843eecbface9e01]: Rule 13.3 in force at 1.1.2016, see rule 1.1(2)

[^key-ad2c6d758f8a8106ef44b2c49ca85e38]: Rule 13.5 in force at 1.1.2016, see rule 1.1(2)

[^key-cc25518883ad40f9dae80c771d9b6917]: Rule 13.6 in force at 1.1.2016, see rule 1.1(2)

[^key-d56ef3c61558bf902fd3ce37a723bc01]: Rule 14.1 in force at 1.1.2016, see rule 1.1(2)

[^key-e94ff4a3f9e4894897f42cfd899df84f]: Rule 14.2 in force at 1.1.2016, see rule 1.1(2)

[^key-fd22688cdb9e800dd8891e6e151ece29]: Rule 14.3 in force at 1.1.2016, see rule 1.1(2)

[^key-afaccaef7b5771a437006759601e67f6]: Rule 14.4 in force at 1.1.2016, see rule 1.1(2)

[^key-9c4525bd88bf03e4203907f8f6544d3d]: Rule 14.5 in force at 1.1.2016, see rule 1.1(2)

[^key-a380e014863545fb707187df07484e22]: Rule 14.6 in force at 1.1.2016, see rule 1.1(2)

[^key-4d65825fd367a41bc98b0cf5abc82a92]: Rule 14.7 in force at 1.1.2016, see rule 1.1(2)

[^key-c3fb87a311455b26760710ab846a2b1a]: Rule 15.1 in force at 1.1.2016, see rule 1.1(2)

[^key-6f277561e3d9895379aa91372594251a]: Rule 15.2 in force at 1.1.2016, see rule 1.1(2)

[^key-9e4127653aa5794e6a9c712d0bd371b3]: Rule 15.3 in force at 1.1.2016, see rule 1.1(2)

[^key-8dd52ac49ef8c1d28cf1dda17e2d17dd]: Rule 15.4 in force at 1.1.2016, see rule 1.1(2)

[^key-356636c6e2e6b71dfc110ab150bfcdf5]: Rule 15.5 in force at 1.1.2016, see rule 1.1(2)

[^key-c4842f9bdc34973769a33c67e1e645c6]: Rule 15.6 in force at 1.1.2016, see rule 1.1(2)

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