SCHEDULES

SCHEDULE 6 Devolution issues

Part III Proceedings in England and Wales

Reference of devolution issue to High Court or Court of Appeal

18

A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.

19

1

A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.

2

Sub-paragraph (1) does not apply to—

a

a magistrates’ court, the Court of Appeal or the F1Supreme Court, or

b

the High Court if the devolution issue arises in proceedings on a reference under paragraph 18.

20

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

21

A court, other than the F2Supreme Court or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—

a

the High Court (if the proceedings are summary proceedings), or

b

the Court of Appeal (if the proceedings are proceedings on indictment).