Northern Ireland Act 1998

Part II U.K. Proceedings in Northern Ireland

Application of Part II U.K.

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

Institution of proceedings U.K.

4 (1) Proceedings for the determination of a devolution issue may be instituted [F1 by the Advocate General for Northern Ireland] or the Attorney General for Northern Ireland. U.K.

(2) The [F2 Attorney General for Northern Ireland] may defend any such proceedings [F3 instituted 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

F1 Words 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)

F2 Words 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)

F3 Words 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 issue U.K.

5 U.K. A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the [F4 Advocate 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

F4 Words 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)

6 U.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

F5 Words in Sch. 10 para. 6 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)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 Appeal U.K.

7 U.K. A court, other than the [F6 Supreme 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

F6 Words 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)

8 U.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 [F7 Supreme Court] U.K.

Textual Amendments

F7 Words 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)

9 U.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 [F8 Supreme Court] .

Textual Amendments

F8 Words 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 [F9 Supreme Court] U.K.

Textual Amendments

F9 Words 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)

10 U.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 [F10 Supreme Court] , but only with [F11 permission] of the Court of Appeal in Northern Ireland or, failing such [F11 permission], with [F12 permission] of the [F10 Supreme Court].

Textual Amendments

F10 Words 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)

F11 Words 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)

F12 Words 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)