SCHEDULES

SCHEDULE 10U.K. Devolution issues

Part IIU.K. Proceedings in Northern Ireland

Application of Part IIU.K.

3U.K.This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.

Institution of proceedingsU.K.

4(1)Proceedings for the determination of a devolution issue may be instituted [F1by the Advocate General for Northern Ireland] or the Attorney General for Northern Ireland.U.K.

(2)The [F2Attorney General for Northern Ireland] may defend any such proceedings [F3instituted by the Advocate General for Northern Ireland] .

(3)This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Textual Amendments

F1Words in Sch. 10 para. 4(1) substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(2)(a); S.R. 2010/113, art. 2, Sch. para. 19(a)

F2Words in Sch. 10 para. 4(2) substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(2)(b); S.R. 2010/113, art. 2, Sch. 19(a)

F3Words in Sch. 10 para. 4(2) inserted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(2)(b); S.R. 2010/113, art. 2, Sch. para. 19(a)

Notice of devolution issueU.K.

5U.K.A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the [F4Advocate General for Northern Ireland and the Attorney General for Northern Ireland ] (unless the person to whom the notice would be given is a party to the proceedings).

Textual Amendments

F4Words in Sch. 10 para. 5 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(3); S.R. 2010/113, art. 2, Sch. para. 19(a)

6U.K.A person to whom notice is given in pursuance of paragraph 5 F5... may take part as a party in the proceedings, so far as they relate to a devolution issue.

Textual Amendments

F5Words in Sch. 10 para. 6 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)

Reference of devolution issue to Court of AppealU.K.

7U.K.A court, other than the [F6Supreme Court] or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.

Textual Amendments

F6Words in Sch. 10 para. 7 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(2); S.I. 2009/1604, art. 2(a)(d)

8U.K.A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.

References from Court of Appeal to [F7Supreme Court]U.K.

Textual Amendments

F7Words in Sch. 10 cross-heading preceding para. 9 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(3); S.I. 2009/1604, art. 2(a)(d)

9U.K.The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the [F8Supreme Court] .

Textual Amendments

F8Words in Sch. 10 para. 9 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(4); S.I. 2009/1604, art. 2(a)(d)

Appeals from Court of Appeal to [F9Supreme Court]U.K.

Textual Amendments

F9Words in Sch. 10 cross-heading preceding para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(5); S.I. 2009/1604, art. 2(a)(d)

10U.K.An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 7 or 8 shall lie to the [F10Supreme Court] , but only with [F11permission] of the Court of Appeal in Northern Ireland or, failing such [F11permission], with [F12permission] of the [F10Supreme Court].

Textual Amendments

F10Words in Sch. 10 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(6)(a); S.I. 2009/1604, art. 2(a)(d)

F11Words in Sch. 10 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(6)(b); S.I. 2009/1604, art. 2(a)(d)

F12Words in Sch. 10 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(6)(c); S.I. 2009/1604, art. 2(a)(d)