Chapter 41 - Part vi - Appeals under Section 51 of the Children (Scotland) Act 1995
Application of Part II to this Part
41.28 Part II (appeals by stated case etc.) shall apply to an appeal to the court by stated case under section 51(11)(b) of the Act of 1995 subject to the following provisions of this Part.
Interpretation of this Part
41.29. In this Part-
"the Act of 1995" means the Children (Scotland) Act 1995(a); and
"the Principal Reporter" means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994(b) or any officer of the Scottish Children’s Reporter Administration to whom there is delegated, under section 131(1) of that Act, any function of the Principal Reporter under the Act of 1995.
Lodging of reports and statements with sheriff clerk
41.30. Where, on an application being made under subsection (13) of section 51 of the Act of 1995 to state a case for the purposes of an appeal under subsection (11)(b) of that section-
(a) it appears to the sheriff (or as the case may be to the sheriff principal) that any report or statement lodged under subsection (2), or report lodged under subsection (3), of that section in the appeal to him is relevant to any issue which is likely to arise in the stated case, and
(b) the report or statement has been returned to the Principal Reporter,
the sheriff (or sheriff principal) may require the Principal Reporter to lodge the report or statement with the sheriff clerk; but on the stated case being sent to the person who applied for it, the sheriff clerk shall return the report or statement to the Principal Reporter.
Lodging etc. of reports and statements in court
41.31.-(1) Within seven days after the date on which the case is lodged under rule 41.11(1), the Principal Reporter shall send to the Deputy Principal Clerk the principal and three copies of every report or statement which he was required, under rule 41.30, to lodge.
(2) Neither the principal nor any copy of any such report or statement shall be made available to any of the other parties unless the court otherwise orders.
(3) Subject to any such order, every such report or statement shall remain in the custody of the Deputy Principal Clerk until the appeal has been determined or abandoned; and then shall be returned by him to the Principal Reporter.
Hearing in private
41.32. The court may direct that all or any part of the appeal shall be heard in private.
Expenses
41.33.-(1) No expenses shall be awarded to or against any party in respect of the appeal.
(2) Rule 41.14(3)(b) (award of expenses in abandoned appeal) shall not apply to an appeal to which this Part applies.
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(a) 1995 c.36.
(b) 1994 c.39.
