Chapter 41 - Part x - Appeals to Lord Ordinary
Application of Parts II and III to this Part
41.43. Unless otherwise provided in these Rules, in an appeal to the court which is directed by these Rules or any other enactment to be made to a single judge of the court, the Outer House or the Lord Ordinary, Part II (appeals by stated case etc.) or Part III (appeals in Form 41.19), as the case may be, shall apply to that appeal subject to the following modifications:-
(a) for references to the Inner House there shall be substituted references to the Lord Ordinary;
(b) for references to the Single Bills there shall be substituted references to the Motion Roll; and
(c) for references to the Summar Roll there shall be substituted references to a hearing.
Appeals to be heard in Outer House
41.44.-(1) Subject to paragraph (2), an appeal to the court to which this Chapter applies may be remitted by the Inner House to the Outer House to be heard by the Lord Ordinary in the first instance-
(a) at its own instance after hearing parties, or
(b) on the motion of a party,
on a motion being enrolled under rule 41.15 (motions for hearing appeals by stated case) or rule 41.22 (motion for further procedure in appeals in Form 41.19), as the case may be.
(2) Paragraph (1) shall not apply to the following appeals-
(a) an appeal under an enactment which specifies that the appeal is to the Inner House;
(b) an appeal to which Part IV of this Chapter applies (Exchequer appeals);
(c) an appeal to which Part VI of this Chapter applies (appeals under section 50 of the Social Work (Scotland) Act 1968(a);
(d) an appeal to which Part VII of this Chapter applies (appeals under the Representation of the People Act 1983(b));
(e) an appeal from the Land Court;
(f) an appeal from the Lands Tribunal for Scotland;
(g) an appeal under section 10 of the Restrictive Practices Court Act 1976(c) (appeal from the Restrictive Practices Court);
(h) an appeal under paragraph 14 of Schedule 4 to the Transport Act 1985(d) (appeal from the Transport Tribunal);
(i) an appeal under section 25(1) of the Child Support Act 1991(e) (appeal from the Child Support Commissioner);
(j) an appeal under section 24(1) of the Social Security Administration Act 1992(f) (appeal from the Social Security Commissioner);
(k) an appeal under section 9 of the Asylum and Immigration Appeals Act 1993(g) (appeal from the Immigration Appeal tribunal);
(l) an appeal under section 37(1) of the Industrial Tribunals Act 1996(h).
(m) an appeal under section 49 of the Companies Act 1998 (appeal from the Competition Commission).”.
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(a) 1968 c.49; section 50 was amended by the Local Government etc. (Scotland) Act 1994, Schedule 13.
(b) 1983 c.2.
(c) 1976 c.33.
(d) 1985 c.67.
(e) 1991 c.48; section 25 was amended by the Child Support Act 1995 (c.34), Schedule 3, paragraph 8.
(f) 1992 c.5.
(g) 1993 c.23.
(h) 1996 c.17.
Reclaiming against decision of Lord Ordinary
41.45. The decision of the Lord Ordinary on an appeal heard in the Outer House by virtue of rule 41.44 (appeals to be heard in Outer House) may be reclaimed against.
