SCHEDULES
SCHEDULE 10 Devolution issues
Part III Proceedings in England and Wales
Application of Part III
11
This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.
Institution of proceedings
12
1
Proceedings for the determination of a devolution issue may be instituted F9... by the Attorney General.
2
The Attorney General for Northern Ireland F9... 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
13
A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General F11and the Attorney General for Northern Ireland (unless the person to whom the notice would be given is a party to the proceedings).
14
A person to whom notice is given in pursuance of paragraph 13 F10... may take part as a party in the proceedings, so far as they relate to a devolution issue.
Reference of devolution issue to High Court or Court of Appeal
15
A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.
16
1
A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.
2
Sub-paragraph (1) does not apply to—
a
a magistrates’ court, the Court of Appeal or the F1Supreme Court; or
b
the High Court if the devolution issue arises in proceedings on a reference under paragraph 15.
17
A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.
18
A court, other than the F2Supreme Court or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—
a
the High Court (if the proceedings are summary proceedings); or
b
the Court of Appeal (if the proceedings are proceedings on indictment).
References from Court of Appeal to F4Supreme Court
19
The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 16, 17 or 18) to the F3Supreme Court .
Appeals from superior courts to F8Supreme Court
Words in Sch. 10 cross-heading preceding para. 20 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 116(6); S.I. 2009/1604, art. 2(a)(d)
20
An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 15, 16, 17 or 18 shall lie to the F5Supreme Court , but only with F6permission of the High Court or the Court of Appeal or, failing such F6permission , with F7permission of the F5Supreme Court .
Words in Sch. 10 cross-heading preceding para. 19 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 116(4); S.I. 2009/1604, art. 2(a)(d)