Rule 38.3 Preparation of case for reference

Scotland

(1)

Where the sheriff decides that a reference shall be made, he shall continue the cause for that purpose and, within 4 weeks after the date of that continuation, draft a reference.

F1(1A)

Except in so far as the sheriff may otherwise direct, a reference shall be prepared in accordance with Form E1, having regard to the guidance set out in the M1Notes for Guidance issued by the Court of Justice of F2the European Union .

(2)

On the reference being drafted, the sheriff clerk shall send a copy to each party.

(3)

Within 4 weeks after the date on which copies of the draft have been sent to parties, each party may—

(a)

lodge with the sheriff clerk, and

(b)

send to every other party,

a note of any adjustments he seeks to have made in the draft reference.

(4)

Within 14 days after the date on which any such note of adjustments may be lodged, the sheriff, after considering any such adjustments, shall make and sign the reference.

(5)

The sheriff clerk shall forthwith intimate the making of the reference to each party.

Annotations

Textual amendments

F1: Sch. 1 rule 38.3(1A) inserted (2.10.2000) by S.S.I. 2000/239, para. 3(1)(23)
F2: Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

Marginal citations

M1: The Notes for Guidance are reproduced in the Parliament House Book.

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