The Supreme Court Rules 2009

PART 6 Particular appeals and references

Human Rights Act issues

40.—(1) Where an appeal raises a question of incompatibility under section 4 of the Human Rights Act 1998(1) and the Crown is not already a party to the appeal, the Registrar shall give 21 days’ notice of the question to the Crown.

(2) If notice is given that the Crown wishes to be joined, the appropriate Minister or other person shall be joined accordingly.

(3) If such a question arises for the first time during the course of an appeal hearing the Court will if necessary adjourn the proceedings to enable the Registrar to give notice under paragraph (1).

Devolution jurisdiction

41.—(1) Appeals or references under the Court’s devolution jurisdiction shall in general be dealt with in accordance with these Rules but the Court shall give special directions as and when necessary, and in particular as to—

(a) any question referred under section 33 of the Scotland Act 1998(2), section 11 of the Northern Ireland Act 1998(3) or section 96, 99 or 112 of the Government of Wales Act 2006(4),

(b) any reference of a devolution issue(5),

(c) any direct references under paragraph 33 or 34 of Schedule 6 to the Scotland Act 1998, paragraph 33 or 34 of Schedule 10 to the Northern Ireland Act 1998 or paragraph 29 or 30 of Schedule 9 to the Government of Wales Act 2006.

(2) A reference made by the relevant officer is made by filing the reference and by serving a copy on any other relevant officer who is not already a party and who has a potential interest in the proceedings.

(3) A reference must state the question or issue to be decided by the Court.

(4) The Registrar shall give notice of the question or issue to the appropriate relevant officer where that officer is not already a party to any proceedings.

Court of Justice of the European Communities

42.—(1) Where it is contended on an application for permission to appeal that it raises a question of Community law which should be the subject of a reference under Article 234 of the Treaty establishing the European Community and permission to appeal is refused, the panel of Justices will give brief reasons for its decision.

(2) Where on an application for permission to appeal a panel of Justices decides to make a reference under Article 234 before determining the application, it will give consequential directions as to the form of the reference and the staying of the application (but it may if it thinks fit dispose of other parts of the application at once).

(3) Where at the hearing of an appeal the Court decides to make a reference under Article 234 it will give consequential directions as to the form of the reference and the staying of the appeal (but it may if it thinks fit dispose of other parts of the appeal at once).

(4) An order of the Court shall be prepared and sealed by the Registrar to record any decision made under this rule.

Revocation of patents

43.—(1) On any appeal under sections 12 and 13 of the Administration of Justice Act 1969(6) from an order for revocation of a patent the appellant must serve notice of the appeal on the Comptroller-General of Patents (“the Comptroller”) as well as on every respondent.

(2) A respondent who decides not to oppose the appeal must serve notice of that decision on the Comptroller together with the relevant statements of case.

(3) The Comptroller shall within 14 days serve on the appellant and file a notice stating whether or not the Comptroller intends to appear on the appeal.

(4) Where notice is given under paragraph (3), the Comptroller may appear on the appeal.

Criminal appeals

44.  The Court must apply in accordance with the relevant practice direction the code of practice for victims issued under section 32 of the Domestic Violence, Crime and Victims Act 2004(7).

(1)

1998 c. 42.

(2)

1998 c. 46; section 33 provides for the scrutiny of proposed Acts of the Scottish Parliament by the Supreme Court.

(3)

1998 c. 47; section 11 provides for the scrutiny of proposed Acts of the Northern Ireland Assembly by the Supreme Court.

(4)

2006 c. 32; sections 96, 99 and 112 provide for the scrutiny of proposed Orders in Council, proposed Assembly Measures and proposed Acts of the National Assembly for Wales by the Supreme Court.

(5)

A devolution issue is defined in Schedule 6 to the Scotland Act 1998, Schedule 10 to the Northern Ireland Act 1998 and Schedule 9 to the Government of Wales Act 2006.

(6)

1969 c. 58; section 12 has been amended by the Courts Act 1971 (c.23), Schedule 11 Part IV, Judicature (Northern Ireland) Act 1978 (c.23) section 122(1)(2), Schedule 6 paragraph 13, Schedule 7 Part I and the Supreme Court Act 1981 (c.54), section 152(4), Schedule 7 .

(7)

2004 c. 28.