Rule 5 Amendment of rule 8I1

Scotland

In rule 8 (case statement period and statement of appellant’s case)—

(a)

for paragraph (2) substitute—

“(2)
The case statement period shall be—
(a)
in the case of an alleged failure of the type referred to in section 18(3)(c) of the Act, the period of 15 working days; or
(b)
in any other case, the period of 30 working days,
beginning on the date on which notice under paragraph (1) is taken to have been received in accordance with rule 48.”;

(b)

in paragraph (3)—

(i)

delete the words from “Before” to “period”; and

(ii)

after “person” insert—

“—
(a)
where rule 8(2)(a) applies, before the end of the case statement period;
(b)
where rule 8(2)(b) applies, before the end of the first 20 working days of the case statement period”;

(c)

in paragraph (4)—

(i)

delete “In exceptional circumstances”; and

(ii)

after “hearing” insert “after having first sought and taken account of the views of the respondent”; and

(d)

for paragraph (6) substitute—

“(6)
Subject to paragraphs (6A) and (7), on the application of either party or on the convener’s own initiative, a convener may make an order shortening or extending the case statement period in any reference.
(6A)
Before making an order under paragraph (6), the convener shall seek oral or written representations from the parties on the issue of shortening or extending the case statement period.”.

Annotations

Commencement

I1: Rule 5 in force at 14.11.2010, see rule 1(1) (as amended by S.S.I. 2010/274, rules 1, 2)