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2.—(1) A convertible devolution issue is a question arising in criminal proceedings before the relevant date which—
(a)is a devolution issue;
(b)would have been a compatibility issue had it arisen on or after that date; and
(c)has not been finally determined before the relevant date.
(2) But a devolution issue arising in criminal proceedings before the relevant date is not a convertible devolution issue if—
(a)the issue has been referred, or a determination of the issue has been appealed, to the Supreme Court under Schedule 6 to the 1998 Act; and
(b)the hearing of the reference or appeal commences before the relevant date.
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