Textual Amendments
F1Ss. 288A, 288B and cross-heading inserted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 32(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 4
(1)This section applies where the [F2Supreme Court] determines an appeal under paragraph 13(a) of Schedule 6 to the Scotland Act 1998 against a determination of a devolution issue by the High Court in the ordinary course of proceedings.
(2)The determination of the appeal shall not affect any earlier acquittal or earlier quashing of any conviction in the proceedings.
(3)Subject to subsection (2) above, the High Court shall have the same powers in relation to the proceedings when remitted to it by the [F4Supreme Court] as it would have if it were considering the proceedings otherwise than as a trial court.]
Textual Amendments
F2Words in s. 288B(1) and in sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 86(a); S.I. 2009/1604, art. 2(d)
F3Ss. 288A-288B and preceding cross-heading inserted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 32(2) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 4
F4Words in s. 288B(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 86(b); S.I. 2009/1604, art. 2(d)