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Government of Wales Act 1998

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This is the original version (as it was originally enacted).

Direct references to Judicial Committee

30(1)The relevant law officer or the Assembly may require any court or tribunal to refer to the Judicial Committee any devolution issue which has arisen in any proceedings before it to which he or it is a party.

(2)In sub-paragraph (1) “the relevant law officer” means—

(a)in relation to proceedings in England and Wales, the Attorney General,

(b)in relation to proceedings in Scotland, the Advocate General for Scotland, and

(c)in relation to proceedings in Northern Ireland, the Attorney General for Northern Ireland.

31(1)The Attorney General or the Assembly may refer to the Judicial Committee any devolution issue which is not the subject of proceedings.

(2)Where a reference is made under sub-paragraph (1) by the Attorney General in relation to a devolution issue which relates to the proposed exercise of a function by the Assembly—

(a)the Attorney General shall notify the Assembly of that fact, and

(b)the Assembly shall not exercise the function in the manner proposed during the period beginning with the receipt of the notification and ending with the reference being decided or otherwise disposed of.

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