Part IV Other Causes

F1Applications to the supervisory jurisdiction of the Court

Annotations:
Amendments (Textual)
F1

Ss. 27A-27D and cross-heading inserted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 89, 138(2); S.S.I. 2015/247, art. 2, Sch. (with art. 4)

C1C2 27C Oral hearings where permission refused, etc.

1

Subsection (2) applies where, in relation to an application to the supervisory jurisdiction of the Court—

a

the Court—

i

refuses permission under subsection 27B(1) for the application to proceed, or

ii

grants permission for the application to proceed subject to conditions or only on particular grounds, and

b

the Court decides to refuse permission, or grant permission as mentioned in paragraph (a)(ii), without an oral hearing having been held.

2

The person making the application may, within the period of 7 days beginning with the day on which that decision is made, request a review of the decision at an oral hearing.

C3 3

A request under subsection (2) must be considered by a different Lord Ordinary from the one who refused permission or granted permission as mentioned in subsection (1)(a)(ii).

C3 4

Where a request under subsection (2) is granted, the oral hearing must be conducted before a different Lord Ordinary from the one who refused or so granted permission.

5

At a review following a request under subsection (2), the Court must consider whether to grant permission for the application to proceed; and subsections (2), (3) and (4) of section 27B apply for that purpose.

6

Section 28 does not apply—

a

where subsection (2) applies, or

b

in relation to the refusal of a request made under subsection (2).