DEVOLUTION MINUTE BY A.B. IN RESPECT OF THE PURPORTED APPEAL UNDER SECTION 51 OF THE CHILDREN (SCOTLAND) ACT 1995 [2009] ScotSC 71 (20 February 2009)

DEVOLUTION MINUTE BY A.B. IN RESPECT OF THE PURPORTED APPEAL UNDER SECTION 51 OF THE CHILDREN (SCOTLAND) ACT 1995 [2009] ScotSC 71 (20 February 2009)

There is no inherent or statutory power for the court to extend or dispense with the statutory three-week time limit for appeals under Section 51 of the Children (Scotland) Act 1995. The absence of a dispensing power is deliberate, proportionate, and does not breach Articles 6 or 8 ECHR. No devolution issue arises as there is no incompatibility with Convention rights.

Citation
[2009] ScotSC 71
Parties
Appellant: A B; Respondent: Reporter; Intervener: Lord Advocate
Jurisdiction
Scotland
Judgment Date
20 February 2009
Procedural Posture
Appeal Under Section 51 of the Children (scotland) Act 1995 / Ruling on Devolution Minute and Competency of Late Appeal
Outcome
devolution minute refused; late appeal incompetent
Legal Topics
Appeals, Statutory Time Limits, Devolution Issues, Article 6 ECHR, Article 8 ECHR, Access to Justice, Proportionality, Inherent Court Powers
Family Law Child Law Human Rights Law Constitutional Law Appeals Statutory Time Limits Devolution Issues Article 6 ECHR +4 more

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Parties

A B

Appellant

Reporter

Respondent

Lord Advocate

Intervener

Procedural Posture

Appeal Under Section 51 of the Children (scotland) Act 1995 / Ruling on Devolution Minute and Competency of Late Appeal

Legal Issues

  1. 1 Whether the court has inherent power to extend or dispense with the statutory time limit for appeals under Section 51 of the Children (Scotland) Act 1995
  2. 2 Whether the absence of a dispensing power is incompatible with Article 6 and Article 8 ECHR rights
  3. 3 Whether a devolution issue arises due to the absence of a dispensing power

Ratio Decidendi

There is no inherent or statutory power for the court to extend or dispense with the statutory three-week time limit for appeals under Section 51 of the Children (Scotland) Act 1995. The absence of a dispensing power is deliberate, proportionate, and does not breach Articles 6 or 8 ECHR. No devolution issue arises as there is no incompatibility with Convention rights.

Court Disposition

devolution minute refused; late appeal incompetent

Orders

  • The devolution minute is refused.
  • No extension or waiver of the statutory time limit is granted.