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Paragraph 44.7 Transfer from Employment TribunalF1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

On receipt of the documentation in proceedings which have been remitted from an employment tribunal under section 140(3) of the 2010 Act, the sheriff clerk must—

(a)

record the date of receipt on the first page of the documentation;

(b)

fix a hearing to determine further procedure not less than 14 days after the date of receipt of the process; and

(c)

forthwith send written notice of the date of the hearing fixed under subparagraph (b) to each party.

(2)

At the hearing fixed under paragraph (1)(b) the sheriff may make such order as he or she thinks fit to secure so far as practicable that the cause thereafter proceeds in accordance with these Rules.

Annotations

Textual amendments

F1

Sch. 1 Ch. 44 inserted (3.11.2006) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act 2006 etc.) 2006 (S.S.I. 2006/509), art. 2(3)

F2

Sch. 1 rules 44.5-44.7 substituted for Sch. 1 rule 44.5 (1.10.2010) by Act of Sederunt (Sheriff Court Rules) (Equality Act 2010) 2010 (S.S.I. 2010/340), paras. 1(2), 2(3) (with para. 6)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5

Notes on Chapter 44

Textual amendments

F2

Sch. 1 Ch. 44 heading substituted (1.10.2010) by Act of Sederunt (Sheriff Court Rules) (Equality Act 2010) 2010 (S.S.I. 2010/340), paras. 1(2), 2(4) (with para. 6)