SCHEDULES

SCHEDULE 9Devolution issues

Part 3Proceedings in Scotland

Application of Part 3

I112

This Part applies in relation to devolution issues in proceedings in Scotland.

Annotations:
Commencement Information
I1

This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Institution of proceedings

I213

1

Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Scotland.

2

The Counsel General may defend any such proceedings instituted by the Advocate General for Scotland.

3

This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Annotations:
Commencement Information
I2

This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Intimation of devolution issue

I314

1

A court or tribunal must order intimation of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Scotland and the Counsel General (unless a party to the proceedings).

2

A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Annotations:
Commencement Information
I3

This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Reference of devolution issue to higher court

I415

A court, other than any court consisting of three or more judges of the Court of Session or the Supreme Court, may refer any devolution issue which arises in civil proceedings before it to the Inner House of the Court of Session.

Annotations:
Commencement Information
I4

This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

I516

A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

Annotations:
Commencement Information
I5

This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

I617

A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

Annotations:
Commencement Information
I6

This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

References from superior courts to Supreme Court

I718

Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 15 or 16) to the Supreme Court.

Annotations:
Commencement Information
I7

This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

I819

Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 17) to the Supreme Court.

Annotations:
Commencement Information
I8

This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Appeals from superior courts to Supreme Court

I920

An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 15 or 16 lies to the Supreme Court.

Annotations:
Commencement Information
I9

This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

I1021

An appeal against a determination of a devolution issue by—

a

a court consisting of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or

b

a court consisting of three or more judges of the Court of Session from which there is no appeal to the Supreme Court apart from this paragraph,

lies to the Supreme Court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the Supreme Court.