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Rule 48 References on assimilated case law by law officers

Original text. Later amendments are not shown.

(1)

A reference under section 6B of the European Union (Withdrawal) Act 2018 is made when a law officer files the reference with the Court.

(2)

A reference filed under paragraph (1) must—

(a)

state the question to be determined on the point of law which arose on assimilated case law in proceedings before a court or tribunal (other than a higher court) which have concluded;

(b)

confirm that—

(i)

the conditions in section 6B(1) of the European Union (Withdrawal) Act 2018 are met; and

(ii)

the reference is made within the period specified in section 6B(3) of that Act;

(c)

describe the relevance of the point of law to the concluded proceedings; and

(d)

if the reference is made by the Lord Advocate, the Counsel General for Wales or the Attorney General for Northern Ireland, confirm that the point of law relates to the meaning or effect of relevant Scotland legislation, relevant Wales legislation or relevant Northern Ireland legislation, as the case may be.

(3)

Once the law officer has filed the reference with the Court, he or she must serve the reference on each of the other law officers.

(4)

In this rule—

(a)

“law officer” means a person listed in section 6B(2) of the European Union (Withdrawal) Act 2018; and

(b)

expressions otherwise have the same meaning as in the European Union (Withdrawal) Act 2018 and references to “assimilated case law” include references to “retained case law” so far as necessary.