Paragraph 33A Reference of compatibility question to the Court of SessionF1
When the Upper Tribunal refers a compatibility question which arises in proceedings before it to the Inner House of the Court of Session for determination, it must intimate this in writing to all parties and the relevant authorities.
The intimation in writing to relevant authorities under paragraph (1) who have not previously joined proceedings as a party must include—
the details of the matters raised in the proceedings,
the details of the compatibility question that has arisen,
if known at the time of intimation, the position of each party to proceedings in respect of the compatibility question.
The Upper Tribunal must provide each relevant authority under paragraph (1) which has not previously joined proceedings as a party with all documents relevant to the consideration of the compatibility question.
Where a relevant authority does not take part as a party to proceedings before the Upper Tribunal, that relevant authority is not precluded from taking part as a party in any subsequent reference to the Inner House of the Court of Session.
Annotations
Textual amendments
Notes on Schedule
Modifications
- C1
Rules excluded (22.11.2018) by The Upper Tribunal for Scotland (Social Security Rules of Procedure) Regulations 2018 (S.S.I. 2018/274), regs. 1(2), 2
- C2
Rules excluded (1.4.2023) by The Upper Tribunal for Scotland (Local Taxation Rules of Procedure) Regulations 2022 (S.S.I. 2022/365), regs. 1(2), 2
- C3
Rules excluded (2.12.2024) by The Upper Tribunal for Scotland (Bus Registration Appeals Rules of Procedure) Regulations 2024 (S.S.I. 2024/249), regs. 1(2), 2