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Act of Sederunt (Devolution Issues) (Appeals and References to the Supreme Court) 2009

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Amendment of the Rules of the Court of Session: devolution issues

2.—(1) Chapter 25A (devolution issues) of the Rules of the Court of Session 1994(1) is amended in accordance with subparagraphs (2) to (9).

(2) In rule 25A.1 (interpretation) the definition of “the Judicial Committee” is omitted.

(3) In rule 25A.8 (reference of devolution issue to Judicial Committee)—

(a)in paragraph (1) for “Judicial Committee” substitute “Supreme Court”;

(b)in paragraph (3) for “rule 2.9 of the Judicial Committee (Devolution Issues) Rules 1999” substitute “Practice Direction 10 of the Supreme Court”; and

(c)in paragraph (4) for “pursuance of rule 2.8 of the Judicial Committee (Devolution Issues) Rules 1999” substitute “accordance with Practice Direction 10 of the Supreme Court”.

(4) The heading of rule 25A.8 becomes “Reference of devolution issue to Supreme Court”.

(5) In paragraph (1) of rule 25A.9 (sist of cause on reference to Judicial Committee) for “Judicial Committee” substitute “Supreme Court” in both places where that expression appears.

(6) The heading of rule 25A.9 becomes “Sist of cause on reference to Supreme Court”.

(7) In rule 25A.10 (transmission of reference)—

(a)in paragraph (1) for “Judicial Committee” substitute “Supreme Court”; and

(b)in paragraph (2) for “Judicial Committee” substitute “Supreme Court”.

(8) In rule 25A.11 (appeals to the Judicial Committee)—

(a)in paragraph (1) for “Judicial Committee” substitute “Supreme Court” in both places where that expression appears; and

(b)in paragraph (2) for “Judicial Committee” substitute “Supreme Court”.

(9) The heading of rule 25A.11 becomes “Appeals to the Supreme Court”.

(1)

S.I. 1994/1443, last amended by S.S.I. 2009/283, Chapter 25A was inserted by S.I. 1999/1345 and amended by S.S.I. 2007/360.

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