Interpretation and effect of retained EU Law Section 6: Role of courts New Section 6A EUWA – References on retained case law by lower courts or tribunals
Section 6(8) inserts a new section 6A into EUWA. It establishes a new reference procedure enabling a lower court or tribunal which is bound by retained case law under section 6 of EUWA to refer a point of law to a higher court (which is not so bound) to decide.
	New section 6A(1) provides that the lower court or tribunal may, at its discretion, refer one or more points of law which arise on retained case law, if they are relevant to the proceedings before it. The court or tribunal must:
be bound by the retained case law on the point of law concerned, and
consider that the point or points of law are of general public importance.
	The test of ‘general public importance’ is similar to that set out in section 12 of the Administration of Justice Act 1969, in relation to ‘leapfrog’ appeals that may be made directly from the High Court in England and Wales to the Supreme Court.
	New section 6A(2) provides that references may be initiated by the court or tribunal of its own motion, or following an application by any party to the proceedings.
	New section 6A(3) provides that a reference must be made to the appropriate appeal court, but must be made to the Supreme Court if it concerns the retained case law of that court. The appeal court is defined in new section 6A(9) as the court listed in subsection (10) to which an appeal would lie in the case.
	New section 6A(4) and (5) provides that the higher court may accept a validly made reference if, like the lower court or tribunal, it considers that the point of law referred is relevant to the proceedings and is of general public importance.
	The higher court is not compelled to accept a validly made reference, and has a general discretion to decline references-for instance, on issues which have recently been decided, are currently under consideration, or have no reasonable prospect of success
	New section 6A(6) provides that, after accepting a reference, the higher court must decide the point(s) of law concerned. The case will then return to the lower court or tribunal, which must follow and apply the decision so far as relevant to the proceedings.
	New section 6A(7) provides that the decisions on whether or not to make a reference, or to accept one, are decisions for the court or tribunal concerned alone; no appeal may be made against such a decision. New section 6A(8) provides that, where an appeal court has accepted a reference and made a decision on the point(s) of law concerned, an appeal may lie against that decision to the Supreme Court, subject to obtaining permission to appeal.