On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 31/05/2010.
PART VIII
REFERENCES TO THE HIGH COURT
46. This Part shall not apply in relation to an inquiry by a Tribunal under section 157 of the Act.
47.
—(1) For the purposes of section 169(1) of the Act, a request to a Tribunal for the reference of a question of law in a proceeding to the High Court shall —
(a)
be in Form 23;
(b)
state the name of the party making the request;
(c)
specify the question of law;
(d)
request the Tribunal to refer that question to the High Court;
(e)
be signed by or on behalf of the party making the request; and
(f)
be filed with the Secretary.
(2) The party making the request shall cause notice of the making of the request, together with a sealed copy of the request, to be served on every other party to the proceedings —
(a)
in the case where the hearing of the proceeding to which the request relates, has not commenced or has been adjourned — within 7 days after the filing of the request with the Secretary but not later than the date fixed for the commencement of the hearing or to which the hearing has been adjourned; or
(b)
in any other case — within 7 days after the filing of the request with the Secretary.
(3) For the purposes of paragraph (2), a notice of the making of a request shall —
(a)
be in writing addressed to the party on whom it is served; and
(b)
inform that party that he may, within 21 days after service of the notice, present a case in writing to the Tribunal in relation to the request.
(4) The party making the request may within 21 days after the request is filed with the Secretary, and every other party to the proceeding may within 21 days after service on that party of the notice of making of the request, present a case in writing to the Tribunal in relation to the request and the Tribunal may, if it thinks fit, give to each of those parties an opportunity of presenting a case orally to the Tribunal.
(5) The Secretary shall cause notice of the decision of the Tribunal on the request to be served on the party that made the request and on every other party that presented a case to the Tribunal in relation to the request or notified the Tribunal that the party wished to be informed of the decision.
Fixing of a new date for hearing or further hearing where a party makes a request under section 169 of Act
48.
—(1) Where a party makes a request under section 169(1) of the Act in a proceeding and a date has been fixed for the hearing or a further hearing of that proceeding that is less than 14 days from the date of the filing of the request, the president or deputy president presiding over the Tribunal shall fix a new date for the hearing or further hearing of that proceeding that is more than 14 days from the date of the filing of the request.
(2) The Secretary shall cause notice of the date fixed by the presiding president or deputy president under paragraph (1) to be served on the parties to the proceeding.
49. Where a Tribunal refers a question of law arising in proceedings before it for determination by the High Court under section 169(1) of the Act, being proceedings in which the Tribunal has not given its decision, the Tribunal shall adjourn its hearing of those proceedings until the question referred has been heard and determined by the High Court.
50.
—(1) Where, after the date on which a Tribunal has given its decision in a proceeding, the Tribunal refers to the High Court a question of law that arose in the course of the proceeding, the Tribunal may, if it thinks fit, suspend the operation of any order made by the Tribunal in the proceeding.
(2) Where an order of a Tribunal is so suspended, the Secretary shall cause notice in writing of the suspension to be served on every party to the proceeding and, if particulars of the order have been published in pursuance of a direction under regulation 44(4), shall cause particulars of the suspension to be published in the Gazette and such newspaper or newspapers circulating in Singapore as the president directs.
51.
—(1) Where a question of law arising in a proceeding has been referred to, and determined by, the High Court in pursuance of section 169 of the Act, any party to the proceeding before the Court may file with the Secretary an office copy of the order of the Court.
(2) Subject to paragraph (3), when a copy of the order of the High Court has been filed in pursuance of paragraph (1), the president or deputy president presiding over the Tribunal shall fix a time and place for the resumption of the hearing of the proceeding and the Secretary shall cause notice of the time and place so fixed to be served on the parties to the proceeding.
(3) Paragraph (2) shall not apply where the question of law was referred to the High Court after the Tribunal had given its decision in the proceeding and that decision is consistent with the determination of the High Court.