SCHEDULES
SCHEDULE 9Devolution issues
Part 4Proceedings in Northern Ireland
22Application of Part 4
This Part applies in relation to devolution issues in proceedings in Northern Ireland.
23Institution of proceedings
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.
24Notice of devolution issue
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.
Reference of devolution issue to Court of Appeal
25
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.
26
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.
27References from Court of Appeal to Supreme Court
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.
28Appeals from Court of Appeal to Supreme Court
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.