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Northern Ireland Act 1998

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Part IVE+W+S+N.I. Proceedings in Scotland

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

21This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.E+W+S+N.I.

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

22(1)Proceedings for the determination of a devolution issue may be instituted or defended by the Advocate General for Scotland.E+W+S+N.I.

(2)The Attorney General for Northern Ireland or the First Minister and the deputy First Minister acting jointly 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.

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

23Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General for Scotland, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister (unless the person to whom the intimation would be given is a party to the proceedings).E+W+S+N.I.

24A person to whom intimation is given in pursuance of paragraph 23 or, where such intimation is given to the First Minister and the deputy First Minister, those Ministers acting jointly may take part as a party in the proceedings, so far as they relate to a devolution issue.E+W+S+N.I.

Reference of devolution issue to higher courtE+W+S+N.I.

25A court, other than the [F1Supreme Court]F1 or any court consisting of three or more judges of the Court of Session, may refer any devolution issue which arises in proceedings (other than criminal proceedings) before it to the Inner House of the Court of Session.E+W+S+N.I.

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Amendments (Textual)

26A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.E+W+S+N.I.

27A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.E+W+S+N.I.

References from superior courts to [F2Supreme CourtF2]E+W+S+N.I.

28Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the [F3Supreme Court]F3 .E+W+S+N.I.

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Amendments (Textual)

29Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 27) to the [F4Supreme Court]F4 .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 [F5Supreme CourtF5]E+W+S+N.I.

30An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 25 or 26 shall lie to the [F6Supreme Court]F6 .E+W+S+N.I.

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Amendments (Textual)

31An appeal against a determination of a devolution issue by—E+W+S+N.I.

(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 27); or

(b)a court of three or more judges of the Court of Session from which there is no appeal to the [F7Supreme Court apart from this paragraph]F7 ,

shall lie to the [F8Supreme Court]F8 , but only with [F9permission]F9 of the court concerned or, failing such [F9permission]F9 , with [F10permission]F10 of the [F8Supreme Court]F8 .

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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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