Part 3The Supreme Court
Jurisdiction, relation to other courts etc
40Jurisdiction
1
The Supreme Court is a superior court of record.
2
An appeal lies to the Court from any order or judgment of the Court of Appeal in England and Wales in civil proceedings.
3
An appeal lies to the Court from any order or judgment of a court in Scotland if an appeal lay from that court to the House of Lords at or immediately before the commencement of this section.
4
Schedule 9—
a
transfers other jurisdiction from the House of Lords to the Court,
b
transfers devolution jurisdiction from the Judicial Committee of the Privy Council to the Court, and
c
makes other amendments relating to jurisdiction.
5
The Court has power to determine any question necessary to be determined for the purposes of doing justice in an appeal to it under any enactment.
6
An appeal under subsection (2) lies only with the permission of the Court of Appeal or the Supreme Court; but this is subject to provision under any other enactment restricting such an appeal.
41Relation to other courts etc
1
Nothing in this Part is to affect the distinctions between the separate legal systems of the parts of the United Kingdom.
2
A decision of the Supreme Court on appeal from a court of any part of the United Kingdom, other than a decision on a devolution matter, is to be regarded as the decision of a court of that part of the United Kingdom.
3
A decision of the Supreme Court on a devolution matter—
a
is not binding on that Court when making such a decision;
b
otherwise, is binding in all legal proceedings.
4
In this section “devolution matter” means—
a
a question referred to the Supreme Court under section 33 of the Scotland Act 1998 (c. 46) or section 11 of the Northern Ireland Act 1998 (c. 47);
b
a devolution issue as defined in Schedule 8 to the Government of Wales Act 1998 (c. 38), Schedule 6 to the Scotland Act 1998 or Schedule 10 to the Northern Ireland Act 1998.