Northern Ireland Act 1998

Part IV U.K. Proceedings in Scotland

Application of Part IV U.K.

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

Institution of proceedings U.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

F1 Words in Sch. 10 para. 22 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)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 issue U.K.

23 U.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 [F2 and the Attorney General for Northern Ireland] (unless the person to whom the intimation would be given is a party to the proceedings).

Textual Amendments

F2 Words in Sch. 10 para. 23 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 2(5); S.R. 2010/113, art. 2, Sch. para. 19(a)

24 U.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

F3 Words in Sch. 10 para. 24 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)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 court U.K.

25 U.K. A court, other than the [F4 Supreme 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

F4 Words 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)

26 U.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.

27 U.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 [F5 Supreme Court] U.K.

Textual Amendments

F5 Words 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)

28 U.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 [F6 Supreme Court] .

Textual Amendments

F6 Words 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)

29 U.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 [F7 Supreme Court] .

Textual Amendments

F7 Words 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 [F8 Supreme Court] U.K.

Textual Amendments

F8 Words 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)

30 U.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 [F9 Supreme Court] .

Textual Amendments

F9 Words 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)

31 U.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 [F10 Supreme Court apart from this paragraph] ,

shall lie to the [F11 Supreme Court] , but only with [F12 permission] of the court concerned or, failing such [F12 permission] , with [F13 permission] of the [F11 Supreme Court] .

Textual Amendments

F10 Words in Sch. 10 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(8)(a); S.I. 2009/1604, art. 2(a)(d)

F11 Words in Sch. 10 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(8)(b); S.I. 2009/1604, art. 2(a)(d)

F12 Words in Sch. 10 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(8)(c); S.I. 2009/1604, art. 2(a)(d)

F13 Words in Sch. 10 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 117(8)(d); S.I. 2009/1604, art. 2(a)(d)