38.—(1) For the purposes of this Part, and where these Rules are stated as applying to the proceedings in a reference, “party” means the referrer or a respondent.
(2) A reference must be made by way of a reference notice and filed by the referrer.
(3) The reference notice must state—
(a)whether the referrer is the Attorney General or the Commission;
(b)the name and address of the referrer’s representative;
(c)a copy of the Attorney General’s consent if the referrer is the Commission;
(d)a statement of the question being referred;
(e)if relevant, the circumstances out of which the reference has arisen;
(f)the reason for the reference;
(g)a statement of any relevant law;
(h)a list of any relevant authorities;
(i)a list of any other supporting documents that the referrer considers is relevant to the reference and would assist the Tribunal; and
(j)those persons that the referrer thinks may be affected by the reference and why.
(4) The referrer may include an application for directions with the reference notice which may be decided in accordance with rule 3.
(5) Upon receiving a reference notice the Tribunal will—
(a)enter the particulars in the register;
(b)publish details of the reference and information about how a person likely to be affected by the reference can request to be a party to the reference (“the respondent”);
(c)notify the Commission or the Attorney General, as appropriate, that—
(i)the reference has been made, and
(ii)they should inform the Tribunal, no later than 28 days after the date that the notification is received, of whether they intend to be a respondent.
(6) The Tribunal will consider the requests it receives by virtue of the information published in accordance with paragraph (5)(b) and make a direction specifying the persons it has decided should be made a respondent.
(7) The Tribunal will notify in writing those persons specified in a direction in paragraph (6).