- Statutory Instrument 1999 No. 665
The Judicial Committee (Devolution Issues) Rules Order 1999
© Crown Copyright 1999
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| Made | 10th March 1999 | ||
| Coming into force as provided in article 4 | |||
Her Majesty, in exercise of the powers conferred upon Her by section 103(3)(c) of the Scotland Act 1998[1], paragraph 34(1)(c) of Schedule 8 to the Government of Wales Act 1998[2] and section 82(3)(c) of the Northern Ireland Act 1998[3] and otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -
1. This Order may be cited as the Judicial Committee (Devolution Issues) Rules Order 1999 and shall come into force as provided in article 4.
2. The Rules set out in the Schedule to this Order shall have effect and may be cited as the Judicial Committee (Devolution Issues) Rules 1999.
3. The Judicial Committee (General Appellate Jurisdiction) Rules[4] shall not apply to matters falling within the scope of the Rules scheduled to this Order.
4. This Order shall come into force as follows -
-
(a) Parts II and III of the Schedule on 6th May 1999;
(b) Part IV of the Schedule on the day appointed for the commencement of Parts II and III of the Northern Ireland Act 1998;
(c) articles 2 and 3 and Parts I and V of the Schedule on the same dat as Parts II and III of the Schedule, or on the same day as art IV, whichever is the earlier;
(d) save as aforesaid, on the day it is made.
A. K. Galloway
Clerk of the Privy Council
| 1.1 | Application |
| 1.2 | Interpretation |
| 1.3 | Lodgement and service |
| 1.4 | Conduct of litigation in the Judicial Committee |
| 1.5 | Mode of addressing petitions and references |
| 1.6 | Appearance by petitioner |
| 2.1 | Interpretation of Part II |
| 2.2 | References under section 33 |
| 2.5 | References under paragraph 34 of Schedule 6 |
| 2.8 | References by courts |
| 2.12 | Appeals |
| 3.1 | Interpretation of Part III |
| 3.2 | References under paragraph 31(1) |
| 3.5 | References by courts |
| 3.9 | Appeals |
| 4.1 | Interpretation of Part IV |
| 4.2 | References under section 11 |
| 4.5 | References under paragraph 34 of Schedule 10 |
| 4.8 | References by courts |
| 4.12 | Appeals |
| 5.1 | Special leave to appeal |
| 5.2 | Time limits |
| 5.3 | Form of petition |
| 5.6 | Service of petition |
| 5.7 | Lodgement of petition |
| 5.8 | Entry of appearance by respondent |
| 5.9 | Reference of petition to a Board |
| 5.10 | Additional papers for use by the Board |
| 5.11 | Submissions in writing and disposal without a hearing |
| 5.12 | Oral hearing |
| 5.13 | Petition for leave to present appeal out of time |
| 5.14 | Form of petition of appeal |
| 5.15 | Anonymity and reporting restrictions |
| 5.16 | Service of petition |
| 5.17 | Presentation of petition of appeal |
| 5.18 | Appearance by respondent |
| 5.19 | Security for costs |
| 5.20 | Statement of facts and issues |
| 5.21 | Appendix |
| 5.22 | Contents of appendix |
| 5.23 | Documents in readiness at hearing |
| 5.24 | Respondent's additional documents |
| 5.25 | Scottish Record |
| 5.26 | Time limit for lodging statement and appendix |
| 5.27 | Lodgement |
| 5.28 | Setting down for hearing |
| 5.29 | Allocation of time |
| 5.30 | Appellant's and respondent's Cases |
| 5.31 | Separate Cases |
| 5.32 | Exchange of Cases |
| 5.33 | Bound Volumes |
| 5.34 | Notice of hearing etc. |
| 5.35 | Authorities |
| 5.36 | Submissions as to costs |
| 5.37 | Judgment |
| 5.38 | Bills of costs |
| 5.39 | Taxation of costs |
| 5.40 | Disposal of security money |
| 5.41 | Presentation of reference |
| 5.42 | Service of reference |
| 5.43 | Lodgement of Cases |
| 5.44 | Setting down for hearing |
| 5.45 | Automatic remission to referring court after judgment |
| 5.46 | Application of other provisions of this Part |
| 5.47 | Legal aid |
| 5.48 | Cross-appeals |
| 5.49 | References to the European Court of Justice |
| 5.50 | Consolidation and conjoinder |
| 5.51 | Withdrawal of petitions and appeals |
| 5.52 | Incidental petitions and motions |
| 5.53 | New submissions |
| 5.54 | Interveners |
| 5.55 | Preparation of documents |
| 5.56 | Form of statement and Case |
| 5.57 | Form of appendix |
| 5.58 | Form of bound volumes |
| 5.59 | Power to give directions and excuse compliance with rules |
| 5.60 | Amendment of documents |
| 5.61 | Fees |
Application
1.1 - (1) These rules apply to proceedings in the Judicial Committee of the Privy Council as follows.
(2) Parts I, II and V apply to proceedings under the Scotland Act 1998[5].
(3) Parts I, III and V apply to proceedings under the Government of Wales Act 1998[6].
(4) Parts I, IV and V apply to proceedings under the Northern Ireland Act 1998[7].
Interpretation
1.2 - (1) In these rules, unless the context otherwise requires -
-
"appendix" means an appendix prepared pursuant to rules 5.21, 5.22 and 5.57;
-
"Board" means a Board of the Judicial Committee comprising a quorum (or more) of members of the Committee;
-
"Case" means a succinct written statement of a party's argument prepared in accordance with rules 5.30, 5.31 and 5.56;
-
"counsel", in relation to any proceedings, includes any person with a right of audience before the Judicial Committee in those proceedings;
-
"court" includes a tribunal;
-
"judgment" includes decree, order, sentence, decision, determination or declaration of any court, judge or judicial officer;
-
"Judicial Committee" means the Judicial Committee of the Privy Council;
-
"Law Officer" means the Attorney General, the Lord Advocate, the Advocate General for Scotland or the Attorney General for Northern Ireland;
-
"Registrar" means the Registrar of the Privy Council;
-
"Registry" means the Registry of the Judicial Committee, Downing Street, London SW1.;
-
"solicitor" includes a London agent;
-
"statement" means a statement of facts and issues prepared pursuant to rule 5.20.
(2) Where by these rules any step is required to be taken in connection with proceedings in the Judicial Committee, whether in the way of lodging a document, entering an appearance, lodging security, or otherwise, such step shall be taken in the Registry.
within the time limits specified in section 33(2).
(3) The reference shall have annexed to it a copy of the Bill to which it relates.
2.9
- (1) The reference shall set out the following -
(e) the relevant law, including the relevant provisions of the Scotland Act 1998[9];
(2) All judgments already given in the proceedings, including copies of any interlocutors and any notes attaching to such interlocutors, shall be annexed to the reference.
(2) Any party who does not intend to participate shall give notice in writing to the Registry and the other parties accordingly.
Appeals
shall lodge a petition of appeal within six weeks of the date on which the order appealed from was made or leave to appeal was granted, as the case may be.
and notify the originating party accordingly.
(3) In this rule and in rules 3.7, 3.8 and 3.9 "relevant Law Officer" means -
3.6
- (1) The reference shall set out the following:
(e) the relevant law, including the relevant provisions of the Government of Wales Act 1998[11];
(2) All judgments already given in the proceedings shall be annexed to the reference.
(2) Any party who does not intend to participate shall give notice in writing to the Registry and the other parties accordingly.
Appeals
shall lodge a petition of appeal within six weeks of the date on which the order appealed from was made or leave to appeal was granted, as the case may be.
[4]
S.I. 1982/1676, as amended by S.I. 1990/2297 and 1996/3170.back
(3) Where a party is acting in person in any proceedings references in these rules to that party's counsel or solicitor shall, except in rule 5.14(2), be construed as references to that party in person
Lodgement and service
1.3
.
(1) Documents need not be lodged personally but may not be lodged by facsimile transfer ("fax"), nor may service on a party be effected by fax unless and then only to the extent that that party has indicated that he is willing to accept service by that means. Notifications sent by fax should be followed by dispatch of the original to the recipient.
(2) Where under these rulesa petition or reference is to be lodged and served on another party the original petition or reference that is lodged shall be endordsed with a signed certificate of service accompanied by an affidavit of service.
Conduct of litigation in the Judicial Committee
1.4
- (1) Notwithstanding the Order in Council of 6th March 1896 relating to the admission of proctors, solicitors and agents to practise before the Privy Council, any person who has a right to conduct litigation in any of the superior courts of England and Wales, Scotland or Northern Ireland may conduct litigation in the Judicial Committee and no declaration or enrolment shall be required.
(2) Solicitors outside London may appoint London agents. Any additional costs incurred as a result of a decision not to do so may be disallowed on taxation.
Mode of addressing petitions and references
1.5
All petitions, references and notices of motion shall be addressed to the Judicial Committee.
Appearance by petitioner
1.6
A person who lodges a reference, or a petition of appeal shall also lodge a completed appearance form but shall not be required to pay any separate fee therefor.
Interpretation of Part II
2.1
In this Part, except where the context otherwise requires, references by number to sections and to paragraphs of Schedule 6 are references to those provisions of the Scotland Act 1998[8].
References under section 33
2.2
- (1) A reference by a Law Officer to the Judicial Committee under section 33 shall be made by -
(a) lodging the reference, and
(b) serving a copy on the other Law Officers,
(2) The reference shall state -
(a) the question to be determined with respect to the Bill to which the reference relates,
(b) whether it applies to the whole Bill or to a provision of it.
(4) In this and the next two rules "Law Officer" does not include the Attorney General for Northern Ireland.
2.3
Any Law Officer (other than the one making the reference) who wishes to participate in the proceedings shall within 14 days of service of the reference on him enter an appearance and serve notice of having done so on the other Law Officers; and he shall thereupon become a respondent to the proceedings.
2.4
- (1) The Law Officer making the reference shall, within 14 days of lodging it, lodge a Case with respect to the question referred.
(2) The referring Law Officer's Case shall include a copy of any statement made in relation to the Bill in accordance with section 31 and any relevant extracts from the Official Report of proceedings in the Parliament.
(3) Any other Law Officer who is participating in the proceedings shall lodge a Case with respect to the question referred within 14 days of entering an appearance.
References under paragraph 34 of Schedule 6
2.5
- (1) A reference by a Law Officer to the Judicial Committee under paragraph 34 of Schedule 6 shall be made by lodging the reference and serving a copy on the other Law Officers.
(2) The reference shall state the question to be determined.
(3) In a case to which paragraph 35 of Schedule 6 applies the reference shall be accompanied by a certificate that paragraph 35(2) has been complied with.
2.6
Any Law Officer (other than the one making the reference) who wishes to participate in the proceedings shall enter an appearance within 14 days of service of the reference on him and serve notice of having done so on the other Law Officers; and he shall thereupon become a respondent to the proceedings.
2.7
- (1) Each party to the proceedings shall lodge a Case with respect to the question referred.
(2) The Law Officer making the reference shall lodge his Case within two months of lodging the reference, and each respondent shall lodge his Case within two months of entering an appearance.
Reference by courts
2.8
- (1) A reference to the Judicial Committee under paragraph 10, 11, 22, 30, 32 or 33 of Schedule 6 shall be made by lodging the reference.
(2) The court lodging the reference shall serve copies of it on the parties and on any Law Officer who is not already a party and who has a potential interest in the proceedings.
(3) For the purposes of this rule and rules 2.10, 2.11 and 2.12 Law Officers shall be regarded as having a potential interest as follows -
(a) where the reference or appeal is from a court in Scotland or from the House of Lords in Scottish proceedings, the Lord Advocate and the Advocate General;
(b) where the reference or appeal is from a court in England and Wales or from the House of Lords in proceedings that originated in England and Wales, the Attorney General and the Lord Advocate;
(c) where the reference or appeal is from a court in Northern Ireland or from the House of Lords in proceedings that originated in Northern Ireland, the Attorney General for Northern Ireland and the Lord Advocate.
(a) the question referred;
(b) the addresses of the parties;
(c) the name and address of the person who applied for or required the reference to be made;
(d) a concise statement of the background to the matter including -
(i) the facts of the case, including any relevant findings of fact by the referring court or lower courts; and
(ii) the main issues in the case and the contentions of the parties with regard to them;
(f) the reasons why an answer to the question is considered necessary for the purpose of disposing of the proceedings.
2.10
- (1) Any party to the proceedings in the court making the reference who intends to participate in the proceedings in the Judicial Committee shall within 14 days of service of the copy reference on him -
(a) enter an appearance; and
(b) give notice to the other parties that he has done so.
(3) Where notice has to be given under this rule it shall also be given to any Law Officer who is not already a party and who has a potential interest in the proceedings.
2.11
- (1) Any Law Officer who is not already a party to the proceedings may intervene in the proceedings on the reference by taking the steps specified in paragraph (2) below within 14 days; and he shall thereupon become a party to the proceedings or the reference.
(2) The steps are -
(a) entering an appearance; and
(b) giving notice of having done so to the parties, the Law Officers with a potential interest (as defined in rule 2.8(3) above) and, in the case of a reference under paragraph 33 of Schedule 6, the court making the reference.
2.12
- (1) A person who desires to appeal to the Judicial Committee -
(a) under paragraph 12 of Schedule 6, or
(b) having obtained the necessary leave to appeal from the court appealed from, under paragraphs 13, 23 or 31 of Schedule 6,
(2) A person who desires to appeal to the Judicial Committee under paragraphs 13, 23 or 31 of Schedule 6, having obtained special leave to appeal from the Judicial Committee, shall lodge a petition of appeal within 14 days of the grant of special leave.
(3) The appellant shall serve a copy of the petition on all the other parties and on any Law Officer who is not already a party and who has a potential interest in the proceedings.
(4) Any Law Officer who is served with a copy of a petition of appeal under this rule may intervene in the proceedings on the appeal in the Judicial Committee if within 14 days of service of the petition on him he enters an appearance and gives notice of having done so to the parties; and he shall thereupon become a respondent to the appeal.
Interpretation of Part III
3.1
In this Part, except where the context otherwise requires, references by number to paragraphs are references to the paragraphs so numbered in Schedule 8 to the Government of Wales Act 1998[10].
References under paragraph 31(1)
3.2
- (1) A reference by the Attorney General or the Assembly of a devolution issue to the Judicial Committee under paragraph 31(1) shall be made by lodging the reference and serving a copy on the other ("the respondent").
(2) The reference shall state the question to be determined.
(3) In a case to which paragraph 31(2) applies the reference shall be accompanied by a certificate that paragraph 31(2)(a) has been complied with.
3.3
The respondent shall within 14 days either -
(a) if he intends to participate in the proceedings, enter an appearance; or
(b) if not, give notice to the Registry to that effect;
3.4
- (1) The originating party and (if participating in the proceedings) the respondent shall each lodge a Case with respect to the question referred.
(2) The originating party shall lodge his Case within two months of lodging the reference and the respondent shall lodge his Case within two months of entering an appearance.
References by courts
3.5
- (1) A reference to the Judicial Committee under paragraph 10, 18, 19, 27, 29 or 30 shall be made by lodging the reference in the Registry.
(2) The court lodging the reference shall serve a copy of it on -
(a) the parties;
(b) the Assembly, if it is not already a party; and
(c) the relevant Law Officer, if he is not already a party.
(a) where the reference or appeal is from a court in England and Wales or from the House of Lords in proceedings that originated in England and Wales, the Attorney General;
(b) where the reference or appeal is from a court in Scotland or from the House of Lords in Scottish proceedings, the Advocate General for Scotland;
(c) where the reference or appeal is from a court in Northern Ireland or from the House of Lords in proceedings that originated in Northern Ireland, the Attorney General for Northern Ireland.
(a) the question referred;
(b) the addresses of the parties;
(c) the name and address of the person who applied for or required the reference to be made;
(d) a concise statement of the background to the matter including -
(i) the facts of the case, including any relevant findings of fact by the referring court or lower courts; and
(ii) the main issues in the case and the contentions of the parties with regard to them;
(f) the reasons why an answer to the question is considered necessary for the purpose of disposing of the proceedings.
3.7
- (1) Any party to the proceedings in the court making the reference who intends to participate in the proceedings in the Judicial Committee shall within 14 days of service of the copy reference on him -
(a) enter an appearance; and
(b) give notice to the other parties that he has done so.
(3) Where notice has to be given under this rule, it shall also be given to the relevant Law Officer and the Assembly even if they are not parties.
3.8
- (1) Unless they are already parties to the proceedings, the Assembly and the relevant Law Officer may intervene in the proceedings on the reference in accordance with this rule; and he shall thereupon become a party to the proceedings on the reference.
(2) The intervener shall within 14 days of service of the copy reference on him -
(a) enter an appearance; and
(b) give notice of the fact to the parties, to the other person who may intervene under this rule and, in the case of a reference under paragraph 30, to the court making the reference.
3.9
- (1) A person who desires to appeal to the Judicial Committee -
(a) under paragraph 20, or
(b) having obtained leave to appeal from the court appealed from, under paragraphs 11, 21 or 28,
(2) A person who desires to appeal to the Judicial Committee under paragraphs 11, 21 or 28, having obtained special leave to appeal from the Judicial Committee, shall lodge a petition of appeal within 14 days of the grant of special leave.
(3) The appellant shall serve a copy of the petition on all the other parties and, if not already a party, on the Assembly and the relevant Law Officer.
(4) Unless already a party to the proceedings, the Assembly and the relevant Law Officer may intervene in the proceedings on the appeal in the Judicial Committee if within 14 days of service of the petition on him he enters an appearance and gives notice of the fact to the parties and the other person with a right to intervene under this rule; and he shall thereupun become a respondent to the appeal.
Notes:
[1]
1998 c.46.back
