1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No.4) (Devolution Issues) 2009 and comes into force on 1st October 2009.
(2) This Act of Adjournal is to be inserted in the Books of Adjournal.
(3) Unless the context requires otherwise, in this Act of Adjournal a reference to a numbered rule is to the rule of that number in the Criminal Procedure Rules 1996(1).
2.—(1) In rule 40.1(1) (interpretation)(2) the definition of “the Judicial Committee” is omitted.
(2) In paragraph (1) of rule 40.8 (orders pending determination of devolution issue) for “Judicial Committee” substitute “Supreme Court” in both places where that expression appears.
(3) In rule 40.9 (reference of devolution issue to Judicial Committee)(3)—
(a)in each of paragraphs (1)(a) and (b) for “Judicial Committee” substitute “Supreme Court”;
(b)in paragraph (3)—
(i)for “Rule 2.9 of the Judicial Committee (Devolution Issues) Rules 1999” substitute “Practice Direction 10 of the Supreme Court”; and
(ii)in subparagraph (b), for “Judicial Committee” substitute “Supreme Court”.
(4) The heading of rule 40.9 becomes “Reference of devolution issue to Supreme Court”.
(5) In paragraph (1) of rule 40.10 (procedure on receipt of determination of devolution issue) for “Judicial Committee” substitute “Supreme Court”.
(6) In rule 40.11 (procedure following disposal of appeal by Judicial Committee(4) for “Judicial Committee” substitute “Supreme Court”.
(7) The heading before rule 40.11 becomes “Procedure following disposal of appeal by Supreme Court”.
A.C. HAMILTON
Lord Justice General
I.P.D.
Edinburgh
18th September 2009