Rule 42.2 Transfer of proceedings to the TribunalF1

(F21)

Where proceedings (or any part of them) relate to an infringement issue, within the meaning of section 16(6) of the Enterprise Act 2002, the sheriff may make an order transferring those proceedings (or that part of them) to the Tribunal—

(a)

of the sheriff’s own accord, or

(b)

on the motion of a party.

(1A)

Where the sheriff orders that such proceedings (or any part of them) are transferred to the Tribunal, the sheriff may make such orders as the sheriff thinks fit to allow the Tribunal to determine the issue.

(2)

Where the sheriff orders that such proceedings (or any part of them) are transferred to the Tribunal, the sheriff clerk shall, within 7 days from the date of such order–

(a)

transmit the process (or the appropriate part) to the clerk of the Tribunal;

(b)

notify each party to the proceedings in writing of the transmission under sub paragraph (a); and

(c)

certify, by making an appropriate entry on the interlocutor sheet, that he has made all notifications required under sub paragraph (b).

(3)

Transmission of the process under paragraph (2)(a) shall be valid notwithstanding any failure by the sheriff clerk to comply with paragraph (2)(b) and (c).

Annotations

Textual amendments

F1: Sch. 1 Ch. 42 inserted (20.8.2004) by Act of Sederunt (Ordinary Cause Rules) Amendment (Competition Appeal Tribunal) 2004 (S.S.I. 2004/350), para. 2
F2: Sch. 1 rule 42.2(1)(1A) substituted for Sch. 1 rule 42.2(1) (1.2.2016) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2015 (S.S.I. 2015/424), paras. 1(2), 2(2)

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