Paragraph 42A.3 Applications in relation to alleged cartel leniency statement or settlement submissionF1
An application by a party under—
paragraph 4(7) of schedule 8A of the 1998 Act for a determination by the court as to whether information is a cartel leniency statement; or
paragraph 5(3) of schedule 8A of the 1998 Act for a determination by the court as to whether a document is a settlement submission,
must be made by motion.
A party enrolling a motion under paragraph (1) must intimate that motion to—
the Advocate General for Scotland; and
the author (where known) of the document or information in question.
The hearing of a motion enrolled under paragraph (1) must be held in private and only the persons mentioned in paragraph (2)(a) and (b) may appear at that hearing.
Annotations
Textual amendments
- F1
Sch. 1 Ch. 42A inserted (26.5.2017) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Competition Proceedings) 2017 (S.S.I. 2017/130), paras. 1(2), 3(2) (with para. 4)
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