40U.K.Where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph 39 and—
(a)the issue is referred to the [F1Supreme Court] under paragraph 9 or 33; or
(b)the issue is determined by the Court of Appeal in Northern Ireland under paragraph 7 and—
(i)an appeal to the [F1Supreme Court] against the determination is brought under paragraph 10; or
(ii)an application for special leave to bring such an appeal is made to the [F1Supreme Court] under that paragraph,
sub-paragraphs (3) to (6) of paragraph 39 shall apply as if the references to the [F2Court of Appeal] were references to the [F1Supreme Court] .
Textual Amendments
F1Words in Sch. 10 para. 40(a)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 119(a); S.I. 2009/1604, art. 2(a)(d)
F2Words in Sch. 10 para. 40(a)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 119(b); S.I. 2009/1604, art. 2(a)(d)