SCHEDULE 10 Devolution issues
Part III Proceedings in England and Wales
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).