Government of Wales Act 1998

Part I Preliminary

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.

2 A 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.