Sheriff Courts (Scotland) Act 1907

Transmission of process and notice to partiesS

[F131.5.(1)Where an appeal is marked in terms of rule 31.3 (appeal to Court of Session) or 31.4 (appeal to sheriff principal), the sheriff clerk shall transmit the process of the cause–

(a)in an appeal to the sheriff principal, to him; or

(b)in an appeal to the Court of Session, to the Deputy Principal Clerk of Session, within the period specified in rule 40.6 of the M1Rules of the Court of Session 1994.

(2)On transmitting the process in terms of paragraph (1), the sheriff clerk shall–

(a)send written notice of the appeal to every party; and

(b)certify on the interlocutor sheet that he has done so.

(3)Failure of the sheriff clerk to comply with paragraph (2) shall not invalidate the appeal.]

Textual Amendments

F1Rule 31.5 inserted (1.11.1996) by S.I. 1996/2445, para. 3(43)(d)

Marginal Citations