SCHEDULES

SCHEDULE 6 Devolution issues

Part IV Proceedings in Northern Ireland

Application of Part IV

24

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

Institution of proceedings

25

1

Proceedings for the determination of a devolution issue may be instituted by the F1Advocate General for Northern Ireland.

2

The Lord Advocate 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.

Notice of devolution issue

26

A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the F2Advocate General for Northern Ireland and the Lord Advocate (unless the person to whom the notice would be given is a party to the proceedings).

27

A person to whom notice is given in pursuance of paragraph 26 may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to Court of Appeal

28

A court, other than the F3Supreme 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.

29

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 F5Supreme Court

Annotations:
Amendments (Textual)
F5

Words in heading before Sch. 6 para. 30 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(3); S.I. 2009/1604, art. 2

30

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 28 or 29) to the F4Supreme Court.

Appeals from Court of Appeal to F9Supreme Court

Annotations:
Amendments (Textual)
F9

Words in heading before Sch. 6 para. 31 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 105(5); S.I. 2009/1604, art. 2

31

An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 28 or 29 shall lie to the F6Supreme Court, but only with F7permission of the Court of Appeal in Northern Ireland or, failing such F7permission, with F8permission of the F6Supreme Court.