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Chapter 41 - Part xiii - References and Appeals under an ACAS Arbitration Scheme

Definitions

41.55. In this Part, “an ACAS Scheme” means an arbitration scheme set out in an order under section 212A(7) of the Trade Union and Labour Relations (Consolidation) Act 1992(a).

References under an ACAS Scheme

41.56.-(1) A reference on a preliminary point under an ACAS Scheme shall be made to the Outer House in Form 41.56 and shall –

(a) state in numbered paragraphs the facts and circumstances out of which the reference arises; and
(b) set out the question for answer by the court.

(2) On a reference under paragraph (1) being lodged, the court shall, without a motion being enrolled for that purpose, pronounce an interlocutor for –

(a) service of the reference on such persons as appears necessary; and
(b) any person on whom the reference has been served, to lodge answers, if so advised, within such period as is specified by the court.

(3) Within 14 days after the expiry of the period allowed for the lodging of answers, the person making the reference shall apply by motion for such further procedure as he seeks, and the court shall make such order for further procedure as it thinks fit.

(a) 1992 c.52.

Reclaiming against decision of the Lord Ordinary

41.57. The decision of a Lord Ordinary on a reference on a preliminary point under rule 41.56 may be reclaimed against.

Appeals

41.58.-(1) Subject to paragraph (2), Part III (appeals in Form 41.19) shall apply to appeals under an ACAS Scheme.

(2) An appeal under an ACAS Scheme shall be made within the time limits specified in that scheme.