SCHEDULES

SCHEDULE 9Devolution issues

Part 5General

Direct references to Supreme Court

I129

1

The relevant officer may require any court or tribunal to refer to the Supreme Court any devolution issue which has arisen in any proceedings before it to which that person is a party.

2

In sub-paragraph (1) “the relevant officer” means—

a

in relation to proceedings in England and Wales, the Attorney General or the Counsel General,

b

in relation to proceedings in Scotland, the Advocate General for Scotland, and

c

in relation to proceedings in Northern Ireland, the Advocate General for 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))

I230

1

The Attorney General or the Counsel General may refer to the Supreme Court any devolution issue which is not the subject of proceedings.

2

Where a reference is made under sub-paragraph (1) by the Attorney General in relation to a devolution issue which relates to the proposed exercise of a function by the Welsh Ministers, the First Minister or the Counsel General—

a

the Attorney General must notify the Counsel General of that fact, and

b

the function must not be exercised by the Welsh Ministers, the First Minister or the Counsel General in the manner proposed during the period beginning with the receipt of the notification and ending with the reference being decided or otherwise disposed of.