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SCHEDULES

SCHEDULE 6U.K. Devolution issues

Part IIU.K. Proceedings in Scotland

Appeals from superior courts to [F1Supreme Court]U.K.

Textual Amendments

F1Words in heading before Sch. 6 para. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(6); S.I. 2009/1604, art. 2

12U.K.An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 7 or 8 shall lie to the [F2Supreme Court].

Textual Amendments

F2Words in Sch. 6 para. 12 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 103(7); S.I. 2009/1604, art. 2

13U.K.An appeal against a determination of a devolution issue by—

(a)a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 9), or

(b)a court of three or more judges of the Court of Session from which there is no appeal to the [F3Supreme Court apart from this paragraph],

shall lie to the [F4Supreme Court], but only with [F5permission] of the court [F6from which the appeal lies] or, failing such [F5permission], with [F7permission] of the [F4Supreme Court].

Textual Amendments

[F813AIn criminal proceedings, an application to the High Court for permission under paragraph 13 must be made—

(a)within 28 days of the date of the determination against which the appeal lies, or

(b)within such longer period as the High Court considers equitable having regard to all the circumstances.

13BIn criminal proceedings, an application to the Supreme Court for permission under paragraph 13 must be made—

(a)within 28 days of the date on which the High Court refused permission under that paragraph, or

(b)within such longer period as the Supreme Court considers equitable having regard to all the circumstances.]