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Act of Sederunt (Proceedings for Determination of Devolution Issues Rules) Amendment 2007

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1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Proceedings for Determination of Devolution Issues Rules) Amendment 2007 and shall come into force on 15th August 2007.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

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

2.—(1) The Act of Sederunt (Proceedings for Determination of Devolution Issues Rules) 1999(1) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 2(1) (interpretation)–

(a)in paragraph (c) of the definition of “devolution issue” and in paragraph (c) of the definition of “relevant authority” for “Schedule 8” there shall be substituted “Schedule 9”;

(b)in paragraph (c) of the definition of “devolution issue” for “Government of Wales Act 1998”(2) there shall be substituted “Government of Wales Act 2006”; and

(c)in paragraph (c) of the definition of “relevant authority” for “National Assembly for Wales” there shall be substituted “Counsel General to the Welsh Assembly Government”.

(3) In rule 6 (intimation of devolution issue), at the end there shall be inserted–

(6) Where, after determination at first instance of any proceedings in which a devolution issue has been raised under this Act of Sederunt, a party to those proceedings marks an appeal under rule 31.3 or 31.4 of the Ordinary Cause Rules 1993 in Schedule 1 to the Sheriff Courts (Scotland) Act 1907(3), that party shall, unless the relevant authority is already a party to the proceedings, intimate the note of appeal to the relevant authority together with a notice in Form 2A..

(4) In rule 7 (response to intimation of devolution issue), at the end there shall be inserted–

(7) Where a relevant authority does not take part as a party in the proceedings at first instance the court may allow him to take part as a party in any subsequent appeal to the sheriff principal..

(5) For sub-paragraph (c) of paragraph (1) of rule 8 (intimation 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) there shall be substituted–

(c)section 153 of the Government of Wales Act 2006 (power to vary retrospective decisions)..

(6) The title of rule 8 becomes “Intimation under section 102 of the Scotland Act 1998, section 81 of the Northern Ireland Act 1998 or section 153 of the Government of Wales Act 2006”.

(7) In Schedule 1–

(a)in Form 1 for “Government of Wales Act 1998” there shall be substituted “Government of Wales Act 2006”;

(b)after Form 2 there shall be inserted Form 2A as set out in the Schedule to this Act of Sederunt; and

(c)in Form 3 for “section 110 of the Government of Wales Act 1998” in both places where it occurs there shall be substituted “section 153 of the Government of Wales Act 2006”.

(8) In paragraph 4 of the form in Schedule 2 for “Government of Wales Act 1998” there shall be substituted “Government of Wales Act 2006”.

A C HAMILTON

Lord President I.P.D.

Edinburgh

25th July 2007

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