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Northern Ireland Act 1998

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Northern Ireland Act 1998, Part III is up to date with all changes known to be in force on or before 25 May 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Act modified (cond.) by 2006 c. 17 Sch. 2 para. 2(5) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 17 Sch. 3 para. 2(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • s. 31(2)-(2D) substituted for s. 31(2) (cond.) by 2006 c. 53 Sch. 3 para. 2(1) (This amendment This amendment not applied to legislation.gov.uk to legislation.gov.uk. It is a conditional amendment that was never brought into force. Sch. 3 repealed (10.5.2007) by Northern Ireland (St Andrews Agreement) Act 2006 (c. 53), s. 2(5) (as amended by 2007 c. 4, s. 1(1)), Sch. 4 para. 3 (with s. 1(3)); S.I. 2007/1397, art. 2)
  • s. 31(2E) inserted (cond.) by 2006 c. 17 Sch. 3 para. 3(1) (This amendment not applied to legislation.gov.uk. Conditional amendment never in force)
  • Sch. 2 para. 9B inserted by 2009 c. 8 s. 27 (This amendment not applied to legislation.gov.uk. The amending provision was repealed (16.2.2011) without ever being in force by 2010 c. 36, ss. 2(1), 4(2))
  • Sch. 3 para. 9(1)(a)-(ac) substituted for Sch. 3 para. 9(a) by 2016 c. 25 Sch. 10 para. 2

Part IIIE+W+S+N.I. Proceedings in England and Wales

Application of Part IIIE+W+S+N.I.

11This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.E+W+S+N.I.

Institution of proceedingsE+W+S+N.I.

12(1)Proceedings for the determination of a devolution issue may be instituted F1... by the Attorney General.E+W+S+N.I.

(2)The Attorney General for Northern Ireland F1... may defend any such proceedings.

(3)This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.

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Amendments (Textual)

Notice of devolution issueE+W+S+N.I.

13A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General [F2and the Attorney General for Northern Ireland] (unless the person to whom the notice would be given is a party to the proceedings).E+W+S+N.I.

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Amendments (Textual)

14A person to whom notice is given in pursuance of paragraph 13 F3... may take part as a party in the proceedings, so far as they relate to a devolution issue.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Reference of devolution issue to High Court or Court of AppealE+W+S+N.I.

15A magistrates’ court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the High Court.E+W+S+N.I.

16(1)A court may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Court of Appeal.E+W+S+N.I.

(2)Sub-paragraph (1) does not apply to—

(a)a magistrates’ court, the Court of Appeal or the [F4Supreme Court]; or

(b)the High Court if the devolution issue arises in proceedings on a reference under paragraph 15.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

17A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.E+W+S+N.I.

18A court, other than the [F5Supreme Court] or the Court of Appeal, may refer any devolution issue which arises in criminal proceedings before it to—E+W+S+N.I.

(a)the High Court (if the proceedings are summary proceedings); or

(b)the Court of Appeal (if the proceedings are proceedings on indictment).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

References from Court of Appeal to [F6Supreme Court]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6Words in Sch. 10 cross-heading preceding para. 19 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 116(4); S.I. 2009/1604, art. 2(a)(d)

19The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 16, 17 or 18) to the [F7Supreme Court] .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Appeals from superior courts to [F8Supreme Court]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8Words in Sch. 10 cross-heading preceding para. 20 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 116(6); S.I. 2009/1604, art. 2(a)(d)

20An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 15, 16, 17 or 18 shall lie to the [F9Supreme Court] , but only with [F10permission] of the High Court or the Court of Appeal or, failing such [F10permission] , with [F11permission] of the [F9Supreme Court] .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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