SCHEDULES

SCHEDULE 6 Devolution issues

Part II Proceedings in Scotland

Appeals from superior courts to F7Supreme Court

Annotations:
Amendments (Textual)
F7

Words in heading before Sch. 6 para. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(6); S.I. 2009/1604, art. 2

12

An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 7 or 8 shall lie to the F1Supreme Court.

13

An appeal against a determination of a devolution issue by—

a

a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9), or

b

a court of three or more judges of the Court of Session from which there is no appeal to the F2Supreme Court apart from this paragraph,

shall lie to the F3Supreme Court, but only with F4permission of the court F5from which the appeal lies or, failing such F4permission, with F6permission of the F3Supreme Court.

F813A

In criminal proceedings, an application to the High Court for permission under paragraph 13 must be made—

a

within 28 days of the date of the determination against which the appeal lies, or

b

within such longer period as the High Court considers equitable having regard to all the circumstances.

13B

In criminal proceedings, an application to the Supreme Court for permission under paragraph 13 must be made—

a

within 28 days of the date on which the High Court refused permission under that paragraph, or

b

within such longer period as the Supreme Court considers equitable having regard to all the circumstances.