Part V Appeal and Review
Appeals to F1Supreme Court
40AF2Permission for appeal under section 40
1
An application to the Inner House for permission to take an appeal under section 40(1) or (3) must be made—
a
within the period of 28 days beginning with the date of the decision against which the appeal is to be taken, or
b
within such longer period as the Inner House considers equitable having regard to all the circumstances.
2
An application to the Supreme Court for permission to take an appeal under section 40(1) must be made—
a
within the period of 28 days beginning with the date on which the Inner House refuses permission for the appeal, or
b
within such longer period as the Supreme Court considers equitable having regard to all the circumstances.
3
The Inner House or the Supreme Court may grant permission for an appeal under section 40(1) or (3) only if the Inner House or, as the case may be, the Supreme Court considers that the appeal raises an arguable point of law of general public importance which ought to be considered by the Supreme Court at that time.
Words in cross-heading preceding s. 40 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 49(5); S.I. 2009/1604, art. 2(d)