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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 9 June 2023 - onwards
Version 2 of 2

111. Adjudicator may refer question of law to Court

(1) An adjudicator may, on her or his own initiative or at the request of the Commission or a person the subject of a referral under section 71, refer to the Court for decision by way of case-stated a question of law arising at a hearing on a referral under section 71.

(2) Where a question has been referred under subsection (1), the adjudicator shall not, in relation to a referral under section 71 to which the hearing relates -

(a) make a decision under section 90 or 91 to which the question is relevant while the reference to the Court is pending, or

(b) proceed in a manner, or make a decision under section 90 or 91, that is inconsistent with the Court's decision on the question.

(3) Where a question is referred to the Court under subsection (1) -

(a) the adjudicator shall send to the Court all documents before the adjudicator that are relevant to the matter in question, and