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Northern Ireland Act 1998

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Part IVU.K. Proceedings in Scotland

Application of Part IVU.K.

21U.K.This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedingsU.K.

22(1)Proceedings for the determination of a devolution issue may be instituted F1... by the Advocate General for Scotland.U.K.

(2)The Attorney General for Northern Ireland F1... may defend any such proceedings.

(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F1Words in Sch. 10 para. 22 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)

Intimation of devolution issueU.K.

23U.K.Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General for Scotland [F2and the Attorney General for Northern Ireland] (unless the person to whom the intimation would be given is a party to the proceedings).

Textual Amendments

24U.K.A person to whom intimation is given in pursuance of paragraph 23 F3... may take part as a party in the proceedings, so far as they relate to a devolution issue.

Textual Amendments

F3Words in Sch. 10 para. 24 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)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 higher courtU.K.

25U.K.A court, other than the [F4Supreme Court] or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.

Textual Amendments

F4Words in Sch. 10 para. 25 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(2); S.I. 2009/1604, art. 2(a)(d)

26U.K.A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

27U.K.A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

References from superior courts to [F5Supreme Court]U.K.

Textual Amendments

F5Words in cross-heading preceding Sch. 10 para. 28 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(3); S.I. 2009/1604, art. 2(a)(d)

28U.K.Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the [F6Supreme Court] .

Textual Amendments

F6Words in Sch. 10 para. 28 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(4); S.I. 2009/1604, art. 2(a)(d)

29U.K.Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 27) to the [F7Supreme Court] .

Textual Amendments

F7Words in Sch. 10 para. 29 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(5); S.I. 2009/1604, art. 2(a)(d)

Appeals from superior courts to [F8Supreme Court]U.K.

Textual Amendments

F8Words in cross-heading preceding Sch. 10 para. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss, 40, 148, {Sch. 9 para. 117(6)}; S.I. 2009/1604, art. 2(a)(d)

30U.K.An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 25 or 26 shall lie to the [F9Supreme Court] .

Textual Amendments

F9Words in Sch. 10 para. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(7); S.I. 2009/1604, art. 2(a)(d)

31U.K.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 27); or

(b)a court of three or more judges of the Court of Session from which there is no appeal to the [F10Supreme Court apart from this paragraph] ,

shall lie to the [F11Supreme Court] , but only with [F12permission] of the court concerned or, failing such [F12permission] , with [F13permission] of the [F11Supreme Court] .

Textual Amendments

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