OpenLegislation

Rule 23.3 Preparation of referenceI1

Scotland

(1)

Where the Court decides that a reference is to be made, it must make an order specifying—

(a)

by whom the reference is to be drafted and adjusted;

(b)

the periods within which the reference is to be drafted and adjusted.

(2)

A reference is to be drafted in Form 23.3 unless the Court directs otherwise when it makes an order under paragraph (1).

(3)

In drafting and adjusting the reference, parties are to have regard to the Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings issued by the European Courtf1.

(4)

When the reference has been drafted and any adjustments required by the Court have been made, the Court must make and sign the reference.

(5)

When the reference is made, the Clerk must notify the parties.

Annotations

Commencement

I1

Para. 23.3 in force at 6.1.2022, see para. 1.1(2)

Footnotes

f1

OJ C 380, 8.11.2019, p. 1.