Sheriff Courts (Scotland) Act 1907

[F1 CHAPTER 42 S

Textual Amendments

F1 Sch. 1 Ch. 42 inserted (20.8.2004) by Act of Sederunt (Ordinary Cause Rules) Amendment (Competition Appeal Tribunal) 2004 (S.S.I. 2004/350), para. 2

COMPETITION APPEAL TRIBUNAL S

Interpretation S

42.1. In this Chapter–

• “the 1998 Act” means the Competition Act 1998 F2 ; and

• “the Tribunal” means the Competition Appeal Tribunal established by section 12 of the Enterprise Act 2002.

Textual Amendments

F2 1998 c. 41.

Transfer of proceedings to the Tribunal S

42.2. [F3 (1) Where proceedings (or any part of them) relate to an infringement issue, within the meaning of section 16(6) of the Enterprise Act 2002, the sheriff may make an order transferring those proceedings (or that part of them) to the Tribunal—

(a) of the sheriff’s own accord, or

(b) on the motion of a party.

(1A) Where the sheriff orders that such proceedings (or any part of them) are transferred to the Tribunal, the sheriff may make such orders as the sheriff thinks fit to allow the Tribunal to determine the issue.]

(2) Where the sheriff orders that such proceedings (or any part of them) are transferred to the Tribunal, the sheriff clerk shall, within 7 days from the date of such order–

(a) transmit the process (or the appropriate part) to the clerk of the Tribunal;

(b) notify each party to the proceedings in writing of the transmission under sub paragraph (a); and

(c) certify, by making an appropriate entry on the interlocutor sheet, that he has made all notifications required under sub paragraph (b).

(3) Transmission of the process under paragraph (2)(a) shall be valid notwithstanding any failure by the sheriff clerk to comply with paragraph (2)(b) and (c).]

Textual Amendments

F3 Sch. 1 rule 42.2(1)(1A) substituted for Sch. 1 rule 42.2(1) (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 2(2)