Government of Wales Act 2006

Part 3Proceedings in Scotland

Application of Part 3

12This Part applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedings

13(1)Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Scotland.

(2)The Counsel General may defend any such proceedings instituted by the Advocate General for Scotland.

(3)This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Intimation of devolution issue

14(1)A court or tribunal must order intimation of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Scotland and the Counsel General (unless a party to the proceedings).

(2)A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to higher court

15A court, other than any court consisting of three or more judges of the Court of Session or the Supreme Court, may refer any devolution issue which arises in civil proceedings before it to the Inner House of the Court of Session.

16A tribunal from which there is no appeal must 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.

17A 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 Supreme Court

18Any 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 15 or 16) to the Supreme Court.

19Any 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 17) to the Supreme Court.

Appeals from superior courts to Supreme Court

20An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 15 or 16 lies to the Supreme Court.

21An appeal against a determination of a devolution issue by—

(a)a court consisting of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or

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

lies to the Supreme Court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the Supreme Court.