OpenLegislation

Rule 12 Procedure following determination on reference or appeal

Original text. Later amendments are not shown.

(1)

This rule applies where either the Inner House of the Court of Session or the Supreme Court has determined—

(a)

a compatibility question referred to it in accordance with rule 8; or

(b)

an appeal made to it.

(2)

Upon receipt of the determination of the Inner House of the Court of Session or the Supreme Court, as the case may be, the sheriff clerk must immediately place before the sheriff a copy of the determination and the court process.

(3)

The sheriff—

(a)

of the sheriff’s own motion, may; or

(b)

upon the lodging of a motion or incidental application by any of the parties to the proceedings, is to,

pronounce an interlocutor ordering such further procedure as may be required.

(4)

Where the sheriff of the sheriff’s own motion pronounces an interlocutor in accordance with paragraph (3), the sheriff clerk must immediately intimate a copy of the interlocutor to all parties in the proceedings.