Act of Sederunt (Proceedings for Determination of Devolution Issues Rules) 1999

Explanatory Note

(This note is not part of the Act of Sederunt)

These Rules make provision for the procedures to be followed in civil proceedings in the Sheriff Court where a devolution issue within the meaning of the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 1998, is raised by the parties to those proceedings.

The Rules provide for:–

(a) when a devolution issue may be raised (rule 4);

(b) what a party must specify and the manner in which that specification must be made where he wishes to raise a devolution issue (rule 5);

(c) the manner in which intimation of a devolution issue is given to the relevant authority (rule 6);

(d) the manner in which the relevant authority may respond to intimation of a devolution issue in accordance with rule 6 (rule 7);

(e) the manner in which intimation is given of the fact that the court is considering an order under section 102 of the Scotland Act 1998, section 81 of the Northern Ireland Act 1998 or section 110 of the Government of Wales Act 1998 (rule 8);

(f) the manner in which a person may respond to intimation given in accordance with rule 8 (rule 9);

(g) the manner in which a reference of a devolution issue is made to the Inner House of the Court of Session or the Judicial Committee (rule 10);

(h) the sist of the cause on a reference being made to the Inner House of the Court of Session or the Judicial Committee in accordance with rule 10 (rule 11);

(i) the making of interim orders notwithstanding a reference of a devolution issue to the Inner House of the Court of Session or the Judicial Committee (rule 12);

(j) the manner in which and when a reference will be transmitted to the Inner House of the Court of Session or the Judicial Committee (rule 13); and

(k) the procedure following the determination by the Inner House of the Court of Session or the Judicial Committee of a devolution issue referred to them or an appeal made to them (rule 14).