12.—(1) This article applies where—
(a)a devolution issue other than a convertible devolution issue has, before the relevant date, been determined by a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9 of Schedule 6 to the Scotland Act 1998);
(b)an application to the High Court of Justiciary for permission to appeal under paragraph 13(a) of Schedule 6 to the 1998 Act has, before the relevant date, been refused; and
(c)no application has by that date been made to the Supreme Court for permission to appeal under paragraph 13(a) of that Schedule.
(2) In relation to such a case, paragraph 13B of that Schedule has effect as if the reference to the date on which the High Court refused permission under that paragraph were a reference to 22nd April 2013.