Court of Session Act 1988

• (3) An act of sederunt under subsection (1) or (2)—

• (a) must include provision—

• (i) about the procedure to be followed in the proceedings before the single judge, including provision for the parties to be heard before the judge makes a decision,

• (ii) for review, on the application of any party to the proceedings, of the decision of the single judge by a Division of the Inner House,

• (iii) about the grounds on which the decision may be so reviewed,

• (iv) about the procedure to be followed in such a review,

• (v) about the matters that may be considered in such a review and the powers available to the Division on disposing of the review, and

• (b) may make different provision in relation to different types of—

• (i) applications for leave or permission,

• (ii) appeal proceedings.

• (4) Subject to any provision made in an act of sederunt by virtue of subsection (3)(a)(ii) to (v), the decision of any single judge under an act of sederunt under subsection (1) or (2) is final.

• (5) Subsection (6) applies in appeal proceedings in which—

• (a) a single judge has granted leave or permission for the appeal by virtue of subsection (1), and

• (b) the judge's decision is subject to review by a Division of the Inner House by virtue of subsection (3)(a)(ii).

• (6) Where this subsection applies, the reference in subsection (2)(a) to leave or permission to appeal having been granted is a reference to its having been confirmed following review by the Division of the Inner House.

• (7) In subsection (2)(a), “appeal proceedings” means proceedings on—

• (a) a reclaiming application under section 28 (reclaiming against decisions of a Lord Ordinary),

• (b) an application under section 29 (application for a new trial),

• (c) an application under section 31 (application to overturn jury verdict),

• (d) an appeal from the Sheriff Appeal Court under section 113 of the Courts Reform (Scotland) Act 2014,

• (e) an appeal from a sheriff principal under section 114 of that Act,

• (f) any other appeal taken to the Court (whether under an enactment or otherwise).

Appeals following oral hearings

47A

In any proceedings where the Court has competence to grant a decree of removing, it also has competence to grant a warrant for ejection.

Applications to the supervisory jurisdiction of the Court

27A

• (1) An application to the supervisory jurisdiction of the Court must be made before the end of—

• (a) the period of 3 months beginning with the date on which the grounds giving rise to the application first arise, or

• (b) such longer period as the Court considers equitable having regard to all the circumstances.

• (2) Subsection (1) does not apply to an application to the supervisory jurisdiction of the Court which, by virtue of any enactment, is to be made before the end of a period ending before the period of 3 months mentioned in that subsection (however that first-ending period may be expressed).

27B

• (1) No proceedings may be taken in respect of an application to the supervisory jurisdiction of the Court unless the Court has granted permission for the application to proceed.

• (2) Subject to subsection (3), the Court may grant permission under subsection (1) for an application to proceed only if it is satisfied that—

• (a) the applicant can demonstrate a sufficient interest in the subject matter of the application, and

• (b) the application has a real prospect of success.

• (3) Where the application relates to a relevant Upper Tribunal decision, the Court may grant permission under subsection (1) for the application to proceed only if it is satisfied that—

• (a) the applicant can demonstrate a sufficient interest in the subject matter of the application,

• (b) the application has a real prospect of success, and

• (c) either—

• (i) the application would raise an important point of principle or practice, or

• (ii) there is some other compelling reason for allowing the application to proceed.

• (4) The Court may grant permission under subsection (1) for an application to proceed—

• (a) subject to such conditions as the Court thinks fit,

• (b) only on such of the grounds specified in the application as the Court thinks fit.

• (5) The Court may decide whether or not to grant permission without an oral hearing having been held.

• (6) In this section, “a relevant Upper Tribunal decision” means—

• (a) a decision of the Upper Tribunal for Scotland in an appeal from the First-tier Tribunal for Scotland under section 46 of the Tribunals (Scotland) Act 2014,

• (b) a decision of the Upper Tribunal in an appeal from the First-tier Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007.

27C

• (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.

• (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).

• (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).

27D

• (1) Subsection (2) applies where, after an oral hearing to determine whether or not to grant permission for an application to the supervisory jurisdiction of the Court to proceed, the Court—

• (a) refuses permission for the application to proceed, or

• (b) grants permission for the application to proceed subject to conditions or only on particular grounds.

• (2) The person making the application may, within the period of 7 days beginning with the day on which the Court makes its decision, appeal under this section to the Inner House (but may not appeal under any other provision of this Act).

• (3) In an appeal under subsection (2), the Inner House must consider whether to grant permission for the application to proceed; and subsections (2), (3) and (4) of section 27B apply for that purpose.

• (4) In subsection (1), the reference to an oral hearing is to an oral hearing whether following a request under section 27C(2) or otherwise.

Application for new trial.

40A

• (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.