- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/2013)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 22/04/2014
Point in time view as at 01/10/2013.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, PART68.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
Title | Number |
---|---|
Interpretation | 68.1 |
Making of order | 68.2 |
Requests made by the court to the European Court | 68.3 |
Transmission to the European Court | 68.4 |
Stay of proceedings | 68.5 |
68.1. In this Part—
(a)“the court” means the court making the order;
(b)“the European Court” means the Court of Justice of the European Union;
(c)“order” means an order referring a question to the European Court for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union or as provided for under any agreement to which the European Union or the Member States of the European Union are parties;
(d)“reference” means a request to the European Court for a preliminary ruling; and
(e)“European Court Procedure Rules” means the Rules of Procedure of the European Court, published on 29 September 2012.
68.2. An order may be made at any stage of the proceedings—
(a)by the court of its own initiative; or
(b)on an application by a party in accordance with Part 23.
(2) An order should not normally be made—
(a)in the High Court, by a Master or district judge;
(b)in a county court, by a district judge.
(3) The reference must contain the matters specified in the European Court Procedure Rules and comply with any guidance given by the European Court.
(4) The reference must be set out in a schedule to the order and the court may give directions on the preparation of the schedule.
68.3.—(1) Any request made by the court to the European Court that—
(a)one or more persons or entities concerned by the case be granted anonymity;
(b)the reference be determined pursuant to the expedited preliminary ruling procedure;
(c)the reference be determined pursuant to the urgent preliminary ruling procedure; or
(d)the reference be given priority over other cases,
must be made in a document separate from the order or in a covering letter accompanying the order.
(2) Any such request must state the provision of the European Court Procedure Rules on which it is based and the matters of fact and law on which it is based. In the case of a request that the reference be determined pursuant to the urgent preliminary ruling procedure, it must also, so far as possible, indicate the answer that the court proposes to the question referred.
68.4.—(1) The order and, where relevant, any request made by the court to the European Court must be sent to the Senior Master for onward transmission to the European Court.
(2) The Senior Master will send a copy of the order and any such request to the Registrar of the European Court.
(3) Unless the court orders otherwise, the Senior Master will send those documents to the Registrar of the European Court without waiting for the time for appealing against the order to expire or for any application for permission to appeal or any appeal to be determined.
(4) Where any new parties are joined to the proceedings after the order has been sent to the Senior Master, details must be sent promptly to the Senior Master to inform the Registrar of the European Court.
68.5. Where an order is made, unless the court orders otherwise the proceedings will be stayed until the European Court has given a preliminary ruling on the question referred to it.]
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Yr Offeryn Cyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.