Act of Sederunt (Sheriff Appeal Court Rules) 2021

Reference to the Inner House or Supreme Court S

22.6.—(1) This rule applies to the reference of a devolution issue to the Inner House of the Court of Session for determination under—

(a) paragraph 7 of Schedule 6(1);

(b) paragraph 25 of Schedule 10(2);

(c) paragraph 15 of Schedule 9.

(2) This rule also applies where the Court has been required by a relevant authority to refer a devolution issue to the Supreme Court under—

(a) paragraph 33 of Schedule 6(3);

(b) paragraph 33 of Schedule 10(4);

(c) paragraph 29 of Schedule 9.

(3) The Court is to make an order concerning the drafting and adjustment of the reference.

(4) The reference must specify—

(a) the questions for the Inner House or the Supreme Court;

(b) the addresses of the parties;

(c) a concise statement of the background to the matter, including—

(i) the facts of the case, including any relevant findings of fact;

(ii) the main issues in the case and contentions of the parties with regard to them;

(d) the relevant law including the relevant provisions of the Scotland Act 1998, the Northern Ireland Act 1998 or the Government of Wales Act 2006;

(e) the reasons why an answer to the questions is considered necessary for the purpose of disposing of the proceedings.

(5) The reference must have annexed to it—

(a) a copy of all orders made in the appeal;

(b) a copy of any judgments in the proceedings.

(6) When the reference has been drafted and adjusted, the Court is to make and sign the reference.

(7) The Clerk must—

(a) send a copy of the reference to the parties to the proceedings;

(b) certify on the back of the principal reference that sub-paragraph (a) has been complied with.

Commencement Information

I1 Para. 22.6 in force at 6.1.2022, see para. 1.1(2)

(1)

Paragraph 7 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 9(2), paragraph 103(2).

(2)

Paragraph 25 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 9(2), paragraph 117(2).

(3)

Paragraph 33 was amended by the Justice (Northern Ireland) Act 2002, Schedule 7, paragraph 4(c) and the Constitutional Reform Act 2005, Schedule 9(2), paragraph 106(4).

(4)

Paragraph 33 was amended by the Justice (Northern Ireland) Act 2002, Schedule 7, paragraph 2(6) and the Constitutional Reform Act 2005, Schedule 9(2), paragraph 118(4).