Act of Sederunt (Sheriff Appeal Court Rules) 2021

[F1 Reference to the Inner House or Supreme Court S

22.6.— (1) This rule applies—

(a) to the reference of a compatibility question to the Inner House of the Court of Session for determination under section 35(1) of the 2024 Act;

(b) where the Court has been required by the Lord Advocate to refer a compatibility question to the Supreme Court under section 36 of the 2024 Act;

(c) to the reference of a devolution issue to the Inner House of the Court of Session for determination under—

(i) paragraph 7 of Schedule 6;

(ii) paragraph 25 of Schedule 10;

(iii) paragraph 15 of Schedule 9;

(d) where the Court has been required by a relevant authority to refer a devolution issue to the Supreme Court under—

(i) paragraph 33 of Schedule 6;

(ii) paragraph 33 of Schedule 10;

(iii) paragraph 29 of Schedule 9.

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

(3) 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 2024 Act or, as the case may be, 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.

(4) 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.

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

(6) 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.]

Textual Amendments

F1 Ch. 22 substituted (16.7.2024) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules 2021 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (S.S.I. 2024/195), paras. 1(2), 3(2)