The Supreme Court Rules 2024
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Change 1
46 References on assimilated case law by courts and tribunals
(1) A reference under section 6A of the European Union (Withdrawal) Act 2018 is made when a court or tribunal (other than a higher court) sends the reference to the Court. (2) A reference sent under paragraph (1) must— (a) state the question to be determined on one or more points of law which arise on the assimilated case law of the Court; (b) set out the referring court’s or tribunal’s reasons for considering the points of law to be of general public importance; and (c) describe the relevance of the points of law to the proceedings before the referring court or tribunal. (3) Once the reference is sent to the Court, a court or tribunal making a reference under paragraph (1) must send the reference to— (a) all parties to the proceedings before the referring court or tribunal; and (b) each of the persons listed in section 6C(2) of the European Union (Withdrawal) Act 2018. (4) Any person referred to in paragraph (3) may make written submissions to the Court as to whether the Court should accept the reference. (5) Any submissions made under paragraph (4) must be— (a) filed with the Court within 21 days of receipt of the reference under paragraph (3); and (b) served on every person referred to in paragraph (3). (6) Every reference made under paragraph (1), together with any submissions made under paragraph (4) or under rule 47, shall be considered without a hearing by a panel of Justices. (7) The panel of Justices may— (a) where the reference is of a single point of law, accept or refuse the reference; (b) where two or more points of law are referred, accept or refuse the whole reference or accept the reference in respect of one or more points of law and refuse the remainder; (c) invite the referring court or tribunal or any of the persons referred to in paragraph (3) to make further written submissions (including as to costs); or (d) direct an oral hearing. (8) The Registrar must prepare and seal an order of the Court to record any decision accepting or refusing a reference made under this rule. (9) Expressions used in this rule 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.
46 References on assimilated case law by courts and tribunals
(1) A reference under section 6A of the European Union (Withdrawal) Act 2018 is made when a court or tribunal (other than a higher court) sends the reference to the Court. (2) A reference sent under paragraph (1) must— (a) state the question to be determined on one or more points of law which arise on the assimilated case law of the Court; (b) set out the referring court’s or tribunal’s reasons for considering the points of law to be of general public importance; and (c) describe the relevance of the points of law to the proceedings before the referring court or tribunal. (3) Once the reference is sent to the Court, a court or tribunal making a reference under paragraph (1) must send the reference to— (a) all parties to the proceedings before the referring court or tribunal; and (b) each of the persons listed in section 6C(2) of the European Union (Withdrawal) Act 2018. (4) Any person referred to in paragraph (3) may make written submissions to the Court as to whether the Court should accept the reference. (5) Any submissions made under paragraph (4) must be— (a) filed with the Court within 21 days of receipt of the reference under paragraph (3); and (b) served on every person referred to in paragraph (3). (6) Every reference made under paragraph (1), together with any submissions made under paragraph (4) or under rule 47, shall be considered without a hearing by a panel of Justices. (7) The panel of Justices may— (a) where the reference is of a single point of law, accept or refuse the reference; (b) where two or more points of law are referred, accept or refuse the whole reference or accept the reference in respect of one or more points of law and refuse the remainder; (c) invite the referring court or tribunal or any of the persons referred to in paragraph (3) to make further written submissions (including as to costs); or (d) direct an oral hearing. (8) The Registrar must prepare and seal an order of the Court to record any decision accepting or refusing a reference made under this rule. (9) Expressions used in this rule 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.
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