Part IV Other Causes
F1Applications to the supervisory jurisdiction of the Court
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).
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)