Act of Sederunt (Rules of the Court of Session 1994) 1994

PART VIII STATED CASES UNDER SECTION 11(3) OF THE TRIBUNALS AND INQUIRIES ACT 1992

Case stated by tribunal at its own instance

41.39.—(1) A tribunal referred to in subsection (1), as modified by subsection (7), of section 11 of the Tribunals and Inquiries Act 1992(1) may, at its own instance, state a case for the opinion of the court on any question arising in the course of proceedings before it.

(2) Part II (appeals by stated case etc.) shall apply to a case stated under paragraph (1) subject to the following provisions of this Part.

Modifications of Part II to appeals under this Part

41.40.—(1) The following rules shall apply to a case to which this Part applies subject to the following provisions of this rule:–

• rule 41.9 (preparation and issue of the case),

• rule 41.11 (lodging of case in court),

• rule 41.15 (motions for hearing of appeals).

(2) For paragraph (1) of rule 41.9 there shall be substituted the following paragraph:–

“(1) Where the tribunal decides to state a case at its own instance, it shall intimate that decision to each party.”.

(3) For paragraph (6) of rule 41.9 there shall be substituted the following paragraphs:–

“(6) When the case has been settled by the tribunal, the case shall be authenticated by the clerk of the tribunal who shall–

(a) send a copy of the case to each party; and

(b) transmit to the Deputy Principal Clerk the case with a certificate endorsed on it and signed by him certifying that sub-paragraph (a) has been complied with.

(7) The Deputy Principal Clerk shall endorse the case with the date on which he received it from the clerk of the tribunal and return it to the clerk.”.

(4) For rule 41.11 there shall be substituted the following rule:–

“41.11.   Not earlier than 7 days and not later than 14 days after the date on which the case was received by the Deputy Principal Clerk, the clerk of the tribunal shall–

(a) lodge in the General Department–

(i) the case, and

(ii) a process in accordance with rule 4.4 (steps of process) including any productions to be referred to in the appeal;

(b) on giving written intimation to every other party of the lodging of the case, send five copies of the ca se to every such party; and

(c) endorse and sign a certificate on the case that the requirements of rule 4.6 (intimation of steps of process) have been complied with.”.

(5) Rule 41.15 shall apply to the clerk of the tribunal in a cause to which this Part applies as it applies to the party lodging a case under rule 41.11.

(1)

1992 c. 53.