SCHEDULES

SCHEDULE 9Devolution issues

Part 4Proceedings in Northern Ireland

Application of Part 4

I122

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

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

I223

1

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

2

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

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))

Notice of devolution issue

I324

1

A court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland 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 Court of Appeal

I425

A court, other than the Court of Appeal in Northern Ireland or the Supreme Court, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.

Annotations:
Commencement Information
I4

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

I526

A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Court of Appeal in Northern Ireland; 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))

References from Court of Appeal to Supreme Court

I627

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 25 or 26) to the Supreme Court.

Annotations:
Commencement Information
I6

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

Appeals from Court of Appeal to Supreme Court

I728

An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 25 or 26 lies to the Supreme Court but only—

a

with permission of the Court of Appeal in Northern Ireland, or

b

failing such permission, with permission of the Supreme Court.