Version Superseded: 03/05/2007
Point in time view as at 01/12/1998.
Government of Wales Act 1998, Part I is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
1(1)In this Schedule “devolution issue” means—
(a)a question whether a function is exercisable by the Assembly,
(b)a question whether a purported or proposed exercise of a function by the Assembly is, or would be, within the powers of the Assembly (including a question whether a purported or proposed exercise of a function by the Assembly is, or would be, outside its powers by virtue of section 106(7) or 107(1)),
(c)a question whether the Assembly has failed to comply with a duty imposed on it (including a question whether the Assembly has failed to comply with any obligation which is an obligation of the Assembly by virtue of section 106(1) or (6)), or
(d)a question whether a failure to act by the Assembly is incompatible with any of the Convention rights.
(2)In this Schedule—
(a)“the Judicial Committee” means the Judicial Committee of the Privy Council, and
(b)“civil proceedings” means any proceedings other than criminal proceedings.
2A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.
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