Section 35: Reference of compatibility question to higher court
131.Section 35 makes provision in the civil courts similar to that added to the Criminal Procedure (Scotland) Act 1995 by section 32.
132.A court other than the Inner House of the Court of Session or the Supreme Court may refer a compatibility question which arises in a case before it to the Inner House. In the case of a tribunal from which there is no appeal, such a reference is mandatory.
133.The Inner House may refer such a question (other than one referred to it) to the Supreme Court.
134.An appeal from the Inner House’s decision on such a reference is to the Supreme Court. Where there would not normally be an appeal to the Supreme Court from a determination of a compatibility question by the Inner House, such an appeal is possible with the permission of the Inner House or, if it refuses permission, the Supreme Court itself.
